Hawaii IT service contract template
View and compare the Free version and the Pro version.
Help Center
Need to learn how to convert downloaded contract DOCX files to PDF or add electronic signatures? Please visit our Help Center for detailed guidance.
How Hawaii IT service contract Differ from Other States
-
Hawaii IT service contracts must comply with unique state data privacy and protection laws, particularly regarding personal information.
-
Hawaii requires certain business registrations, including state GET (General Excise Tax) compliance for IT service providers.
-
Hawaii's consumer protection laws mandate clear disclosure of service terms and client rights in IT contracts.
Frequently Asked Questions (FAQ)
-
Q: Is an IT service contract in Hawaii legally required?
A: While not always legally required, a written IT service contract is highly recommended and often necessary to protect both parties’ interests.
-
Q: Do Hawaii IT contracts need to include data privacy clauses?
A: Yes, Hawaii state law emphasizes data privacy. IT service contracts should address how client data is handled and protected.
-
Q: Are there specific taxes for IT services in Hawaii?
A: Yes. IT service providers must register for and pay Hawaii's General Excise Tax on all taxable services performed in the state.
HTML Code Preview
Hawaii IT Service Contract
This Hawaii IT Service Contract ("Agreement") is made and entered into as of this [Date] by and between:
[Client Company Name], with a principal place of business at [Client Address], registered in Hawaii as [Client Business Registration Number (if applicable)], represented by [Client Contact Name] ("Client"),
and
[IT Service Provider Company Name], with a principal place of business at [IT Service Provider Address], registered in Hawaii as [IT Service Provider Business Registration Number (if applicable)], represented by [IT Service Provider Contact Name] ("Provider"). Provider confirms registration to do business in the State of Hawaii.
1. Scope of Services
Option A: General IT Support
Provider will provide the following IT services to Client:
Network setup and management
Cybersecurity solutions
Data backup and disaster recovery
Technical support (onsite or remote)
Option B: Customized Services.
As outlined in Exhibit A attached to this Agreement. This scope considers Hawaii-specific infrastructure compatibility.
Software Development and Maintenance
Hardware Procurement and Lifecycle Management
IT Consulting and System Audit
Cloud Migration and SaaS Implementation
2. Service Level Agreement (SLA)
Option A: Standard SLA
Provider guarantees a [Percentage]% uptime, measured during Hawaii Standard Time (HST) business hours.
Response time for critical issues: [Number] hours.
Resolution time for critical issues: [Number] hours.
Option B: Customized SLA
As outlined in Exhibit B attached to this Agreement, including considerations for on-site response times and inter-island travel policies. Guarantees factoring Hawaii emergency management protocols.
3. Project Milestones and Acceptance
Option A: Fixed Milestone Project
Project milestones are as follows:
Milestone 1: [Milestone Description]. Acceptance criteria: [Acceptance Criteria].
Milestone 2: [Milestone Description]. Acceptance criteria: [Acceptance Criteria].
Option B: Time and Materials Project
Work will be performed on a time and materials basis. Progress reports will be provided [Frequency].
4. Client Responsibilities
Option A: General Responsibilities
Client will provide Provider with necessary access to data, hardware, and office resources.
Option B: Specific Responsibilities
Client will provide [Specific Resource] by [Date]. Client shall comply with local cybersecurity and data storage requirements as required.
5. Fees and Payment
Option A: Fixed Fee
The total fixed fee for services is [Dollar Amount], plus Hawaii General Excise Tax (GET).
Option B: Hourly Rate
The hourly rate is [Dollar Amount] per hour, plus Hawaii GET.
Option C: Recurring/Retainer
The monthly retainer is [Dollar Amount] per month, plus Hawaii GET.
Invoicing Schedule: [Schedule]
Payment Terms: [Payment Terms]
Acceptable Payment Methods: [Payment Methods]
6. Intellectual Property
Option A: Client Ownership
All intellectual property created by Provider under this Agreement will be owned by Client.
Option B: Provider Ownership
Provider retains ownership of all pre-existing intellectual property and any intellectual property created outside the scope of this Agreement.
7. Confidentiality and Data Security
Option A: Standard Confidentiality
Both parties agree to maintain the confidentiality of each other's confidential information.
Option B: Enhanced Security.
Provider shall comply with Hawaii Revised Statutes (HRS) Chapter 487N and applicable federal regulations, including data breach notification obligations under Hawaii law.
8. Data Backup and Disaster Recovery
Option A: Basic Backup
Provider will perform data backups [Frequency].
Option B: Comprehensive Disaster Recovery
Provider will implement a disaster recovery plan that accounts for Hawaii-specific natural disaster risks, like hurricanes and tsunamis.
9. Warranty and After-Sales Support
Option A: Limited Warranty
Provider warrants that services will be performed in a professional manner for a period of [Number] days.
Option B: Extended Support
Provider will provide support and updates for [Number] months after project completion.
10. Force Majeure
Neither party shall be liable for delays or failures to perform due to events beyond its reasonable control, including Hawaii-specific risks such as volcanic events.
11. Termination
Option A: Termination for Convenience
Either party may terminate this Agreement with [Number] days' written notice.
Option B: Termination for Cause
Either party may terminate this Agreement for cause upon [Number] days' written notice.
12. Breach of Contract
Damages for breach of contract will be calculated according to Hawaii law.
13. Insurance
Provider shall maintain general liability, cybersecurity/data breach, and professional liability insurance at levels recommended by Hawaii business practices.
14. Dispute Resolution
Any disputes arising under this Agreement shall be resolved through negotiation, then mediation or arbitration in Hawaii per HRS Chapter 658A.
15. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. Venue for any dispute shall be in [County Name] County, Hawaii.
16. Compliance
Provider represents and warrants that it is fully licensed and registered to do business in Hawaii and adheres to all applicable Hawaii and federal laws.
17. Subcontractors and Assignment
Provider may not assign this Agreement without Client's written consent. Subcontractors must comply with Hawaii’s laws and the contract’s data privacy/security provisions.
18. Independent Contractor
Provider is an independent contractor and is not an employee of Client. Provider must comply with Hawaii’s contractor classification and reporting standards.
19. Access and Audit
Client or regulatory authorities may have access to and audit Provider's records as mandated by Hawaii law for certain regulated industries.
20. Hawaii Local Business Practices
Both parties agree to conduct business with consideration for Hawaii's local business and cultural practices.
21. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
22. Amendments
This Agreement may be amended only by a written instrument signed by both parties.
23. Notices
All notices shall be in writing and sent to the addresses listed above.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Client Company Name]
By: [Client Signature]
Name: [Client Name]
Title: [Client Title]
[IT Service Provider Company Name]
By: [Provider Signature]
Name: [Provider Name]
Title: [Provider Title]
