Kansas IT service contract template

Kansas IT Service Contract

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

[IT Service Provider's Full Legal Name], a [Kansas Business Entity Type, e.g., Kansas Limited Liability Company], with its principal place of business at [IT Service Provider's Full Address], hereinafter referred to as "Provider," and its Kansas business entity registration number [Registration Number]. Contact details: [Phone Number], [Email Address].

[Client's Full Legal Name], a [Kansas Business Entity Type, e.g., Kansas Corporation], with its principal place of business at [Client's Full Address], hereinafter referred to as "Client," and its Kansas business entity registration number [Registration Number]. Contact details: [Phone Number], [Email Address].

Scope of Services

Option A: Description of Services

Provider shall provide the following IT services to Client: [Detailed Description of IT Services, e.g., Network Setup, Software Development, Hardware Installation, Cybersecurity, Cloud Solutions, Helpdesk Support, IT Consulting, Managed Services].

Option B: Deliverables and Technical Standards

The deliverables shall include: [List of Deliverables].

The technical standards shall be: [List of Technical Standards].

Option C: Service Levels (SLAs)

Response Time: [Specify Response Time].

Resolution Time: [Specify Resolution Time].

Uptime Guarantee: [Specify Uptime Guarantee].

Option D: Project Milestones

Milestone 1: [Description of Milestone 1], Due Date: [Date].

Milestone 2: [Description of Milestone 2], Due Date: [Date].

Acceptance Testing Criteria: [Criteria for Acceptance].

Platforms and Technologies

Option A: List of Technologies

The following platforms, technologies, software, and hardware will be used: [List of Platforms, Technologies, Software, Hardware].

Option B: Third-Party Tools and Services

The following third-party tools and services will be integrated: [List of Third-Party Tools and Services].

Geographical Scope

Option A: Onsite Services

The onsite services will be provided at the following Kansas locations: [List of Kansas Locations].

Staff background checks: [Yes/No - specify if background checks are required].

Option B: Remote Services

The services will be provided remotely.

Option C: Hybrid Services

The services will be provided both onsite and remotely.

Client Responsibilities

Option A: Required Materials

Client shall provide the following materials: [List of Materials].

Option B: System Access

Client shall provide the following system access: [Description of System Access].

Fees and Payment Terms

Option A: Fixed Price

The total fixed price for the services is [Dollar Amount].

Option B: Hourly Rate

The hourly rate for the services is [Dollar Amount] per hour.

Option C: Retainer Agreement

The retainer fee is [Dollar Amount] per month.

Option D: Payment Schedule

Payment shall be made according to the following schedule: [Payment Schedule].

Option E: Invoicing

Invoices will be submitted [Frequency, e.g., monthly].

Option F: Acceptable Payment Methods

Acceptable payment methods are: [List of Payment Methods, e.g., Check, ACH, Credit Card].

Option G: Late Payment Penalties

Late payment penalties: [Late Payment Penalties, specify interest rate and grace period].

Option H: Taxes

All fees are exclusive of applicable Kansas state and local sales taxes. Client is responsible for the payment of any such taxes.

Ownership and Licensing

Option A: Intellectual Property Assignment

Upon full payment, all intellectual property rights in the deliverables shall be assigned to Client.

Option B: Rights to Proprietary Tools

Provider retains all rights to its proprietary tools and pre-existing materials.

Option C: Portfolio Use

Provider may use the deliverables in its portfolio for promotional purposes with Client's prior written consent.

Confidentiality and Data Protection

Option A: Confidential Information

Both parties agree to keep confidential all non-public information disclosed by the other party, as defined under the Kansas Uniform Trade Secrets Act.

Option B: Data Protection

Provider shall safeguard Client data in compliance with Kansas Notification of Breach of Security of Computerized Data Act and other applicable Kansas and federal privacy/cybersecurity laws.

Option C: Security Measures

Provider shall implement the following security measures: [List of Security Measures].

Option D: Incident Reporting

Provider shall report any data breach or security incident to Client within [Timeframe, e.g., 24 hours].

Compliance and Regulatory Requirements

Option A: Kansas Information Technology Executive Council (ITEC) standards

If servicing public sector clients, Provider shall comply with Kansas Information Technology Executive Council (ITEC) standards.

Option B: Industry Standards

Provider shall comply with the following industry standards: [List of Industry Standards, e.g., NIST, HIPAA, PCI] (if applicable).

Support and Maintenance

Option A: Included Services

The following support and maintenance services are included: [List of Included Services].

Option B: Coverage Hours

Support and maintenance coverage hours are: [Coverage Hours].

Option C: Excluded Services

The following services are excluded from support and maintenance: [List of Excluded Services].

Option D: Issue Reporting

Procedure for reporting issues: [Description of Issue Reporting Procedure].

Service Change and Project Variation

Option A: Approval Process

All service changes and project variations must be approved in writing by both parties.

Option B: Documentation

All changes must be documented and attached as an amendment to this Agreement.

Option C: Impact on Timelines and Fees

The impact of any changes on timelines and fees will be mutually agreed upon and documented.

Staff Qualifications and Background Checks

Option A: Staff Qualifications

Provider's staff shall possess the following qualifications: [List of Qualifications].

Option B: Compliance with Laws

Provider shall comply with all applicable Kansas employment and subcontractor laws.

Insurance

Provider shall maintain the following insurance coverage:

Professional Liability Insurance: [Minimum Coverage Amount].

Cyber Liability Insurance: [Minimum Coverage Amount].

General Liability Insurance: [Minimum Coverage Amount].

Data Backup, Disaster Recovery, and Business Continuity

Option A: Data Backup Procedures

Provider shall perform data backups according to the following procedures: [Description of Data Backup Procedures].

Option B: Disaster Recovery Plan

Provider shall maintain a disaster recovery plan that includes: [Description of Disaster Recovery Plan].

Acceptable Use Policy

Option A: Client Responsibilities

Client is responsible for the following regarding the IT systems managed by Provider: [List of Client Responsibilities].

Option B: User Access Control

User and access control terms are: [Description of User and Access Control Terms].

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, riots, fire, flood, or any other event specifically contemplated by Kansas statutes governing force majeure.

Warranties

Option A: Service Warranty

Provider warrants that the services will be performed in a professional and workmanlike manner.

Option B: Defect Correction

Provider shall correct any defects in the deliverables within [Timeframe, e.g., 30 days] of notification.

Option C: Exclusions

This warranty excludes: [List of Exclusions].

Termination

Option A: Termination for Breach

Either party may terminate this Agreement for material breach by the other party upon [Number] days written notice.

Option B: Termination for Non-Payment

Provider may terminate this Agreement for non-payment by Client upon [Number] days written notice.

Option C: Termination for Convenience

Client may terminate this Agreement for convenience upon [Number] days written notice.

Option D: Service Wind-Down

Upon termination, Provider shall assist Client with the transition of services.

Option E: Data Transition

Upon termination, Provider shall return or destroy Client data as directed by Client.

Liability and Indemnification

Option A: Limits of Liability

Provider's liability for any claim arising out of this Agreement shall be limited to the amount of fees paid by Client under this Agreement. Consistent with Kansas law, neither party shall be liable for indirect or consequential damages.

Option B: Indemnification

Provider shall indemnify and hold harmless Client from any claims arising from Provider's negligence or willful misconduct.

Dispute Resolution

Option A: Negotiation

The parties shall first attempt to resolve any disputes through good-faith negotiation.

Option B: Mediation/Arbitration

If negotiation fails, the parties agree to submit the dispute to [Mediation/Arbitration] in [City, Kansas].

Option C: Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.

Option D: Jurisdiction

The exclusive jurisdiction for any legal action arising out of this Agreement shall be the courts located in [County, Kansas].

Representations and Warranties

Option A: Compliance with Laws

Provider represents and warrants that it is in compliance with all applicable Kansas IT laws, licensing, and labor laws.

Option B: Accuracy of Information

Provider represents and warrants that all information provided to Client is accurate and complete.

Kansas Sales/Use Tax

Client is responsible for determining and paying any applicable Kansas sales or use tax on the IT services provided under this Agreement, in accordance with the Kansas Department of Revenue regulations.

Independent Contractor Status

Provider is an independent contractor and not an employee of Client under Kansas law.

Kansas Regulatory Disclosures

If contracting with state agencies or public-sector clients, Provider certifies compliance with all required Kansas regulatory disclosures, including non-collusion and anti-lobbying certifications.

Right to Audit

Client shall have the right to audit Provider's compliance with security and performance standards.

Amendment, Assignment, and Subcontracting

This Agreement may be amended only by a written instrument signed by both parties. Neither party may assign or subcontract this Agreement without the express written consent of the other party.

Appendices

The following appendices are attached to and incorporated into this Agreement:

Appendix A: [Description of Appendix A]

Appendix B: [Description of Appendix B]

Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall have the same force and effect as original signatures under the Kansas Uniform Electronic Transactions Act.

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

[IT Service Provider's Full Legal Name]

By: [Name]

Title: [Title]

[Client's Full Legal Name]

By: [Name]

Title: [Title]