Florida IT service contract template

Florida IT Service Contract

This Florida IT Service Contract ("Agreement") is made and entered into as of [Date] by and between:

• [Provider Full Legal Name], a [Provider Business Entity Type, e.g., Florida Corporation], with its principal place of business at [Provider Full Address], hereinafter referred to as "Provider," and
• [Client Full Legal Name], a [Client Business Entity Type, e.g., Florida LLC], with its principal place of business at [Client Full Address], hereinafter referred to as "Client."

Provider's phone number is [Provider Phone Number] and email address is [Provider Email Address]. Client's phone number is [Client Phone Number] and email address is [Client Email Address].

Scope of Services

• Option A: Managed IT Support: Provider will provide comprehensive managed IT support services as detailed in [Exhibit A].
• Option B: Network Monitoring and Maintenance: Provider will monitor and maintain Client's network infrastructure as specified in [Exhibit B].
• Option C: Cybersecurity Services: Provider will provide cybersecurity services, including risk assessments, intrusion detection, firewall setup, and incident response, in accordance with [Exhibit C], complying with relevant Florida statutes like FIPA.
• Option D: Cloud Computing Solutions: Provider will manage Client's cloud computing solutions as detailed in [Exhibit D].
• Option E: Software Licensing and Installation: Provider will handle software licensing and installation for Client, as per [Exhibit E].
• Option F: Data Backup/Disaster Recovery: Provider will manage data backup and disaster recovery solutions for Client, adhering to the plan in [Exhibit F].
• Option G: Help Desk Support: Provider will provide help desk support to Client's employees as described in [Exhibit G].
• Option H: Hardware Procurement and Deployment: Provider will procure and deploy hardware for Client according to [Exhibit H].

Service Level Agreements (SLAs)

• Option A: Uptime Guarantee: Provider guarantees a [Percentage]% uptime, excluding scheduled maintenance.
• Option B: Response Time: Provider will respond to support requests within [Number] minutes/hours.
• Option C: Resolution Time: Provider will resolve support requests within [Number] hours/days.
• Option D: Escalation Procedures: Escalation procedures are outlined in [Exhibit I].
• Option E: Remedies for Service Failures: Remedies for service failures include [List of Remedies, e.g., service credits]. These remedies are in accordance with Florida's business continuity best practices.

IT Infrastructure and Security Compliance

• Option A: Covered Systems: This Agreement covers the following IT infrastructure, software systems, and network environments: [Detailed List of Systems].
• Option B: Cybersecurity Compliance: Provider is responsible for cybersecurity compliance with applicable federal and Florida laws, including FIPA (Florida Information Protection Act), and reporting obligations for data breaches under F.S. § 501.171. Compliance with industry-specific regulations, if applicable, such as HIPAA (healthcare), GLBA/Florida statutes on consumer financial privacy (financial), or FERPA (education), is also covered.
• Option C: Technical Standards: Technical standards, hardware/software compatibility requirements, and system documentation deliverables are specified in [Exhibit J].
• Option D: Change Control: Change control processes for system modifications are detailed in [Exhibit K].

Obligations of the Parties

• Option A: Client Obligations: Client will provide prompt access to IT systems, necessary passwords, and timely cooperation on security upgrades and updates.
• Option B: Provider Obligations: Provider will adhere to virtualization standards, manage patch deployments, deploy security patches, manage antivirus deployment, and provide end-user training.

Data Ownership and Security

• Option A: Data Ownership: Client owns all data stored or processed by Provider under this Agreement.
• Option B: Access Rights: Access rights to Client data are defined in [Exhibit L].
• Option C: Data Retention and Destruction: Data retention and record destruction policies are outlined in [Exhibit M], adhering to Florida-compliant standards, including encryption (referencing NIST or Florida Digital Service recommendations). Data storage location, backup frequency, and policies for data retrieval or migration upon termination are included.

Intellectual Property

• Option A: Ownership of Custom Code: Client owns custom code developed by Provider specifically for Client under this Agreement.
• Option B: Provider Rights: Provider retains rights to pre-existing or third-party software.
• Option C: Licensing: Terms of licensing, sublicensing, and permitted uses are defined in [Exhibit N], compliant with Florida intellectual property law.

Service Delivery and Access

• Option A: Offsite/Remote Service: Provider may deliver services offsite or remotely.
• Option B: Onsite Visits: Onsite visits require [Number] hours/days advance notice.
• Option C: Background Screening: Provider employees/subcontractors will undergo background screening as per [Client Security Standards].

Fees and Payment

• Option A: Total Contract Price: The total contract price is [Dollar Amount].
• Option B: Billing: Billing will be [Line-Item or Flat Rate] for cyclical managed services and project-based fees.
• Option C: Payment Schedule: Payments are due [Number] days from invoice date.
• Option D: Late Payment Penalties: Late payments are subject to a penalty of [Percentage]% per month.
• Option E: Sales Tax: Florida sales tax [Is Applicable/Is Not Applicable]. If not applicable, Client is responsible for providing an exemption certificate.

Confidentiality

• Option A: Confidential Information: Both parties will safeguard confidential business, student, or health data, as relevant.
• Option B: Nondisclosure: Nondisclosure obligations extend beyond contract expiration.
• Option C: Incident Management: Cybersecurity incident management obligations are detailed in [Exhibit O].

Data Breach Response

• Option A: Breach Response Plan: A mandatory data breach response plan is outlined in [Exhibit P], including incident notification, root cause analysis, mitigation actions, and client and regulatory communications per Florida statutory deadlines.
• Option B: Indemnification: Provider will indemnify Client for unremediated security lapses.

Insurance

• Option A: Required Insurance: Provider will maintain business liability, professional liability (tech E&O), and network security/cyber liability insurance.
• Option B: Additional Insured: Client [Will/Will Not] be named as an additional insured.
• Option C: Florida Statutes: Provider's insurance will comply with Florida-specific insurance statutes for IT contractors and subcontractors.

Quality Assurance

• Option A: Performance Review: Regular performance reviews and reporting mechanisms will be conducted.
• Option B: Problem Escalation: Problem escalation protocols are defined in [Exhibit Q].
• Option C: Service Improvement: Measurable benchmarks for continuous service improvement are established.

Delays and Force Majeure

• Option A: Force Majeure Events: Force majeure events include hurricanes and natural disasters, with specific reference to Florida's weather-related business interruption risks.
• Option B: Contract Suspension: Procedures for contract suspension and service reactivation are outlined in [Exhibit R].

Termination

• Option A: Grounds for Termination: Termination is permitted for breach, mutual agreement, or convenience.
• Option B: Notice Requirements: Advance written notice of [Number] days is required per Florida law.
• Option C: Obligations Upon Termination: Obligations upon termination include return of equipment and secure data wipe.
• Option D: Termination Fees: Termination fees, if applicable, are calculated as [Calculation Method].

Assignment and Subcontracting

• Option A: Prior Consent: Assignment and subcontracting require prior written consent from Client.
• Option B: Compliance: Provider will comply with Florida contractor registration or licensing requirements, especially under managed security or networking categories.

Limitations of Liability

• Option A: Exclusions: Exclusions for indirect or consequential damages are specified.
• Option B: Liability Caps: Aggregate liability caps are aligned with Florida law.

Dispute Resolution

• Option A: Negotiation: Parties will engage in good-faith negotiation.
• Option B: Mediation: Mediation will be conducted in [Florida County Name], Florida.
• Option C: Governing Law: This Agreement is governed by Florida law, waiving choice-of-law principles, with consent to jurisdiction and venue in applicable Florida courts.

Compliance

• Option A: Regulatory Compliance: Provider will adhere to all federal, state (including the Florida Deceptive and Unfair Trade Practices Act), county, and municipal regulations relevant to IT services.

Amendments

• Option A: Written Amendments: All contract amendments, modifications, or waiver of rights must be documented in writing and signed by authorized representatives.

Certifications

• Option A: Required Certifications: Provider will maintain required certifications, such as Florida Department of Management Services (DMS) for IT vendors, and minimum technical qualifications for personnel.

Records Retention

• Option A: Public Records: If Client is a state agency or subject to open public records statutes, records retention will comply with Florida public records laws.

Electronic Signatures

• Option A: Electronic Signatures: This Agreement acknowledges and adheres to Florida’s electronic signature and digital contract enforceability laws under the Electronic Signature Act of Florida.

Severability

• Option A: Enforceability: If any provision is found unenforceable, the remaining provisions remain in effect.

Entire Agreement

• Option A: Merger: This Agreement constitutes the entire agreement between the parties with respect to IT services in Florida.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Provider Full Legal Name]

By: [Provider Authorized Representative Name]

Title: [Provider Authorized Representative Title]

[Client Full Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Authorized Representative Title]