Idaho IT service contract template

Idaho IT Service Contract

This Idaho IT Service Contract (the “Agreement”) is made and entered into as of [Date of Signing] by and between: * [Service Provider Legal Name], a [State of Incorporation] corporation with its principal place of business at [Service Provider Physical Address] and Idaho Business Registration Number [Service Provider Idaho Business Registration Number] (the “Service Provider”); and * [Client Legal Name], a [State of Incorporation] corporation with its principal place of business at [Client Physical Address] and Idaho Business Registration Number [Client Idaho Business Registration Number] (the “Client”).

1. Scope of Services

* Option A: Network Setup and Maintenance * Detailed network design, implementation, and ongoing maintenance. * Option B: Helpdesk Support * 24/7 remote helpdesk support with guaranteed response times during business hours (Mountain Time). * Option C: Cybersecurity Consulting * Vulnerability assessments, penetration testing, and security policy development. * Option D: System Integration * Integration of disparate IT systems and software applications. * Option E: Software Installation and Configuration * Installation, configuration, and updates of software applications. * Option F: Hardware Maintenance * Repair and maintenance of computer hardware, servers, and peripherals. * Option G: Cloud Service Deployment * Deployment and management of cloud-based services, including data migration. * Option H: Vendor Management * Management of third-party IT vendors and contracts. * Option I: Remote Monitoring * 24/7 remote monitoring of IT infrastructure. * Option J: Data Migration * Migration of data between systems and platforms. * Option K: Disaster Recovery Planning * Development and maintenance of a disaster recovery plan. * Option L: On-Site/Remote Support * Provision of on-site and remote IT support services within Idaho.

2. Definitions

* Deliverables: All tangible and intangible items to be provided by the Service Provider. * Performance Standards: Response and resolution times measured in business hours (Mountain Time). * Hardware and Software Requirements: Specified hardware and software configurations required for service delivery. * Industry Benchmarks: NIST, CIS, or Idaho State IT policies.

3. Client Obligations

* Option A: Access * Providing access to Client’s IT infrastructure. * Option B: Infrastructure Readiness * Ensuring infrastructure readiness for service implementation. * Option C: Authorized Contacts * Designating authorized contacts for communication and approvals. * Option D: Timely Feedback * Providing timely feedback and approvals on deliverables. * Option E: Proprietary Software/Data * Providing proprietary software or data required for service delivery. * Response deadlines and escalation mechanisms for non-cooperation.

4. Location of Services

* On-site visits to [Client Physical Address] or other locations within Idaho. * Travel, mileage, and lodging reimbursement policies in compliance with Idaho labor and tax law.

5. Service Fees

* Option A: Hourly Rate * [Hourly Rate] per hour. * Option B: Managed Service Retainer * [Retainer Amount] per month. * Option C: Project-Based * [Project Fee] per project. * Option D: Hybrid Billing * Combination of hourly rates and retainer fees. * Idaho sales/use tax compliance. * Payment schedule, invoicing procedure, late payment penalties. * Electronic payment options supported by Idaho banks.

6. Intellectual Property

* IP for custom developments transfers to the Client upon full payment. * The Service Provider retains rights to pre-existing tools and proprietary methodologies.

7. Confidentiality

* Both parties shall protect technical, business, and personal data obtained during service delivery. * Adherence to Idaho’s data breach notification requirements and consumer data protection acts. * Encryption, secure access protocols, and disposal of confidential materials.

8. Data Protection and Privacy

* Compliance with federal (HIPAA, GLBA if relevant) and Idaho-specific privacy laws. * Breach response timelines and client notification procedures. * Requirements for use of Idaho-based cloud or hosting resources if mandated.

9. Monitoring and Reporting

* Regular service reports, ticket logs, and incident response documentation. * Customization to Idaho business practices.

10. Quality Assurance and After-Service Support

* Guarantee periods and service credits for unmet service levels. * Routine health checks, patch updates, and user training. * Rollback/restore provisions and limitations for damages.

11. Scope Changes and Delays

* Procedures for scope changes and service suspension. * Adjustments in accordance with Idaho’s Uniform Commercial Code (UCC). * Consideration of unique Idaho factors (e.g., power outages, natural disaster risks).

12. Term and Termination

* Contract duration: [Start Date] to [End Date]. * Renewal terms and auto-renewal policy. * Advance notice for termination: [Number] days. * Termination for cause, convenience, or non-renewal. * Project handover process and post-termination support.

13. Breach and Liability

* Remedies and cure periods for lateness, subpar deliverables, disclosure of confidential data, service downtime, or payment default. * Liability cap where permitted by Idaho law. * Indemnification language aligned with Idaho statutes and case law.

14. Dispute Resolution

* Negotiation, followed by mediation/arbitration within Idaho. * Idaho law as governing law with exclusive jurisdiction in local courts. * Recovery of attorney’s fees and costs as allowed by Idaho statutes.

15. Compliance

* Compliance with Idaho consumer protection statutes (Idaho Consumer Protection Act). * Cybersecurity practices and local licensing requirements. * Relevant Idaho labor/employment notices for on-site work.

16. Insurance

* General liability, cybersecurity insurance, and professional liability coverage. * Naming the client as an additional insured as appropriate.

17. Non-Solicitation and Non-Compete

* Enforceable under Idaho law, adjusting for Idaho’s restrictions on restrictive covenants.

18. Subcontractors and Assignment

* Subject to Client approval and Idaho contract assignment rules.

19. Amendments and Waivers

* Must be in a signed writing referencing this Agreement. * Electronic signatures recognized according to Idaho’s Uniform Electronic Transactions Act.

20. Schedules

* Attachment of all referenced schedules, statements of work, service level agreements, and a list of approved software/hardware. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. [Service Provider Legal Name] By: [Service Provider Authorized Representative Name] Title: [Service Provider Authorized Representative Title] [Client Legal Name] By: [Client Authorized Representative Name] Title: [Client Authorized Representative Title]