Illinois IT service contract template

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How Illinois IT service contract Differ from Other States

Illinois requires clear disclosures on data privacy and breach notification that are stricter than in many states.
State-specific laws, such as the Illinois Biometric Information Privacy Act, affect IT contracts involving biometric data.
Certain consumer protection provisions under Illinois law must be included, even when providing B2B IT services.

Frequently Asked Questions (FAQ)

Q: Does Illinois law require specific security standards in IT service contracts?

A: Yes, Illinois law requires reasonable security measures and sometimes specific standards when handling personal data.
Q: Is it mandatory to include data breach notification terms in Illinois IT contracts?

A: Yes, Illinois’s Personal Information Protection Act mandates prompt notification of breaches in IT service agreements.
Q: Can I use an IT service contract from another state in Illinois?

A: It is recommended to use a contract tailored to Illinois law to ensure compliance with local regulations and requirements.

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Illinois IT Service Contract

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

[Service Provider Name], a [Service Provider Legal Status, e.g., corporation, LLC] with its principal place of business at [Service Provider Address] ("Service Provider"), and registered business details: [Service Provider Registered Business Details]

and

[Client Name], a [Client Legal Status, e.g., corporation, LLC] with its principal place of business at [Client Address] ("Client"), and registered business details: [Client Registered Business Details]

1. Description of IT Services

The Service Provider agrees to provide the following IT services to the Client:

Option A: [Description of IT Services, e.g., Software Development]
Option B: [Description of IT Services, e.g., Network Support]
Option C: [Description of IT Services, e.g., Cybersecurity Services]
Option D: Other: [Specify Other IT Services]
- Scope: [Detailed Scope of Services]
- Technical Requirements: [Specific Technical Requirements]
- Platforms/Software/Hardware: [Platforms, Software, and Hardware Used]
- Relevant Industry Standards (Illinois Law): [Applicable Illinois Industry Standards]

2. Statement of Work (SOW)

The services to be provided under this Agreement will be detailed in a separate Statement of Work ("SOW"). Each SOW will include:

Itemized Deliverables: [List of Deliverables]
Work Timelines/Milestones: [Project Timelines and Milestones]
Acceptance and Testing Procedures: [Client Acceptance Criteria]
Criteria for Completion: [Criteria for Project Completion]
Client Sign-Off Protocols: [Client Sign-Off Requirements]

3. Client Obligations

The Client shall:

Option A: Provide access to systems, data, personnel, and facilities.
Option B: Meet technical requirements.
Option C: Cooperate in a timely manner.
Option D: Responsibility for third-party products or licenses: [Specify Client Responsibilities]

4. Place of Service

The primary place of service will be:

Option A: Onsite at [Client Illinois Location]
- Illinois-Specific Compliance: [Insurance and Background Check Requirements]
Option B: Remote access.
Option C: Data centers: [Location of Data Centers]

5. Service Levels and Support

Service levels will be defined as follows:

Acceptable Response Times: [Specified Response Times]
Service Hours: [Days and Hours of Service]
Escalation Procedures: [Detailed Escalation Procedures]
Illinois Time Zone Alignment: [Confirmation of Illinois Time Zone Alignment]

6. Fees and Payment

The Client shall pay the Service Provider as follows:

Option A: Hourly rates: [Specify Hourly Rates]
Option B: Fixed pricing: [Specify Fixed Price]
Option C: Retainer: [Specify Retainer Amount]
Option D: Milestone payments: [Specify Milestone Payments]
- Payment Schedule: [Detailed Payment Schedule]
- Method of Payment: [Acceptable Payment Methods]
- Late Payment Consequences: [Late Payment Penalties]
- Illinois Sales Tax: [Applicable Illinois Sales Tax]

7. Reimbursable Expenses

The following expenses will be reimbursed:

Option A: Travel: [Illinois-Specific Travel Guidelines]
Option B: Per Diem: [Illinois-Specific Per Diem Rates]
Option C: Documentation: [Documentation Requirements]

8. Data Protection and Information Security

The Service Provider shall:

Comply with the Illinois Personal Information Protection Act (PIPA).
Comply with the Illinois Biometric Information Privacy Act (BIPA) if applicable.
Follow data breach notification policies: [Detailed Data Breach Notification Policies]
Maintain cyber insurance: [Required Cyber Insurance Threshold]

9. Confidentiality

The Service Provider shall maintain confidentiality according to the Illinois Trade Secrets Act:

Survives after termination.
Mandatory employee non-disclosure.
Secure disposal of client information: [Detailed Disposal Procedures]

10. Intellectual Property

The following intellectual property provisions apply:

Pre-existing IP: [Identify Pre-Existing IP]
Work-for-hire versus license-based deliverables: [Specify IP Ownership]
Open source compliance: [Open Source Licensing Details]
Third-party licensing: [Third-Party License Requirements]
Assignment or usage rights: [Detailed Assignment and Usage Rights]

11. Warranties and SLAs

For software/hardware provided:

Warranties: [Warranty Details]
Minimum service uptime: [Uptime Guarantee]
Service Level Agreements (SLAs): [Detailed SLAs]
Defect reporting: [Defect Reporting Process]
Patch management: [Patch Management Procedures]

12. Maintenance and Support

Maintenance and after-sales support terms are as follows:

Included support windows: [Support Window Details]
On-call/emergency procedures: [Emergency Support Procedures]
Upgrade and patching responsibilities: [Responsibilities for Upgrades and Patches]
Illinois-based contact: [Illinois Contact Information]

13. Change Requests

Procedures for change requests are:

Documentation: [Required Documentation]
Approval requirements: [Approval Process]
Impact on price/schedule: [Method for Adjusting Price/Schedule]

14. Limitation of Liability

Liability is limited as follows, referencing Illinois law:

Liability limits: [Specify Liability Limits]
Indemnification obligations: [Indemnification Details]
Force majeure events: [List of Force Majeure Events]
Exclusion of liability: [Exclusion of Indirect Damages]

15. Termination

Termination procedures are:

For cause: [Breach of Service Standards, Security Violations]
For convenience: [Termination for Convenience Terms]
Upon insolvency: [Termination Upon Insolvency Terms]
By mutual agreement: [Mutual Agreement Termination Terms]
- Advance written notice: [Required Notice Period]

16. Dispute Resolution

Disputes will be resolved as follows: