Louisiana IT service contract template

Louisiana IT Service Contract

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

[Service Provider Legal Name], a [Service Provider Entity Type, e.g., LLC] organized and existing under the laws of Louisiana, with its principal place of business at [Service Provider Address], and Louisiana Secretary of State registration number [Service Provider SOS Number], represented by [Service Provider Principal Contact Name], hereinafter referred to as "Service Provider,"

and

[Client Legal Name], a [Client Entity Type, e.g., Corporation] organized and existing under the laws of Louisiana, with its principal place of business at [Client Address], and Louisiana Secretary of State registration number [Client SOS Number], represented by [Client Principal Contact Name], hereinafter referred to as "Client."

1. Services

Option A: Comprehensive IT Managed Services

Description: Service Provider will provide comprehensive IT managed services, including but not limited to network administration, cybersecurity monitoring, data backup and disaster recovery, end-user technical support, and vendor liaison, as further described in Exhibit A.

Option B: Project-Based IT Services

Description: Service Provider will provide project-based IT services, specifically [Project Description], including deliverables, performance metrics, system requirements, and security protocols, as further described in Exhibit B.

Option C: Specific IT Services

Description: Service Provider will provide the following specific IT services to the Client:

Network Administration

Cybersecurity Monitoring

Data Backup and Disaster Recovery

End-User Technical Support

Software Development and Maintenance

Hardware Procurement and Installation

Vendor Liaison

2. Term and Location

Option A: Term

Start Date: [Start Date]

End Date: [End Date]

Option B: Location

Service locations will be at [Client Location(s) in Louisiana]. On-site support will be provided during normal business hours (8:00 AM - 5:00 PM, Monday - Friday), excluding Louisiana state holidays. Emergency response time within [Timeframe] hours.

Option C: Remote Work

All services will be performed remotely.

3. Client Responsibilities

Option A: General Responsibilities

Client shall provide timely access to systems, necessary passwords or security clearances, designated points of contact, and critical infrastructure or software licenses.

Option B: Compliance

Client is responsible for compliance with all applicable laws, including [Specific Louisiana Laws, e.g., HIPAA, Data Breach Notification Law].

Option C: Designated Contact

[Client Contact Name] will serve as the primary point of contact for all IT-related issues.

4. Fees and Payment

Option A: Fee Structure

Fixed Rate: [Fixed Rate Amount] per [Time Period]

Hourly Rate: [Hourly Rate Amount] per hour.

Option B: Payment Terms

Payment is due within [Number] days of invoice date.

Option C: Late Payment

Late payments will accrue interest at a rate of [Interest Rate]% per month, as permitted by Louisiana Civil Code. Sales tax will be collected and remitted as required by the Louisiana Department of Revenue.

5. Intellectual Property

Option A: Ownership

All intellectual property created by Service Provider during the term of this Agreement shall be owned by [Client/Service Provider].

Option B: Work-for-Hire

Software or custom scripting shall be considered work-for-hire under Louisiana law.

Option C: Licensing

Service Provider grants Client a [License Type, e.g., perpetual, non-exclusive] license to use the software.

6. Confidentiality and Data Security

Option A: Confidentiality

Both parties agree to maintain the confidentiality of all confidential information.

Option B: Data Breach

Service Provider shall comply with Louisiana's Database Security Breach Notification Law.

Option C: Compliance

Service Provider will comply with all applicable federal and state privacy regulations, including [Specific Regulations, e.g., HIPAA].

7. Insurance

Option A: Coverage

Service Provider shall maintain general liability and errors & omissions insurance with coverage levels consistent with Louisiana industry standards.

Option B: Proof of Insurance

Service Provider shall provide Client with proof of current insurance coverage.

8. Change Management and Amendment

Option A: Change Orders

Any changes to the scope of services must be documented in a written change order signed by both parties.

Option B: Amendment Process

Amendments to this Agreement must be in writing and signed by authorized representatives of both parties.

9. Acceptance and Quality Assurance

Option A: Acceptance Criteria

Client acceptance will be based on the following criteria: [List Criteria].

Option B: Warranty

Service Provider warrants that the services will be performed in a professional and workmanlike manner. Maximum response and resolution times for bug fixes or system outages is [Timeframe].

10. Service Interruptions

Option A: Force Majeure

Neither party shall be liable for delays or failures in performance caused by force majeure events as understood under Louisiana statutory definitions.

11. Termination

Option A: Termination for Cause

Either party may terminate this Agreement for cause, including breach, fraud, or violation of Louisiana law.

Option B: Termination without Cause

Either party may terminate this Agreement without cause upon [Number] days' written notice.

12. Indemnification and Limitation of Liability

Option A: Indemnification

Service Provider shall indemnify Client against claims arising from Service Provider's negligence or willful misconduct.

Option B: Limitation of Liability

Service Provider's liability shall be limited to [Dollar Amount], to the extent permitted by Louisiana law, excluding gross negligence, willful misconduct, or statutory violations.

13. Record Retention and Audit Rights

Option A: Record Retention

Service Provider shall maintain records for [Number] years, as required by Louisiana's Uniform Electronic Transactions Act.

14. Dispute Resolution

Option A: Negotiation

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

Option B: Mediation/Arbitration

If negotiation fails, the parties agree to [Mediation/Arbitration] in Louisiana per Louisiana Arbitration Act.

Option C: Venue

The exclusive venue and jurisdiction for any legal action shall be in the State of Louisiana, [Specific Parish] Parish.

15. Subcontracting and Assignment

Option A: Subcontracting

Service Provider shall not subcontract any services without the prior written consent of Client.

Option B: Licensing

All subcontractors must comply with Louisiana licensing requirements.

16. Compliance with Laws

Option A: Employment Laws

Service Provider shall comply with all applicable Louisiana and federal employment laws.

Option B: Nondiscrimination

Service Provider shall not discriminate against any employee or applicant for employment.

17. Government Entities (If Applicable)

Option A: Public Records

If providing services to government or public sector entities, the Louisiana Public Records Law applies.

Option B: Data Hosting

Data must be stored within the United States [Or Louisiana].

18. Cybersecurity and Data Privacy

Option A: Sector Specific Regulations

Parties must comply with local, state, and federal cybersecurity and data privacy requirements that are specific to regulated sectors operating in Louisiana, such as financial institutions, education, or healthcare.

19. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior communications and understandings.

20. Modification

This Agreement may be modified only in writing and signed by authorized representatives of both parties.

21. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to a force majeure event.

23. Notice

All notices shall be in writing and sent by certified mail, return receipt requested, to the addresses set forth above. Acceptable forms of service shall comply with Louisiana law.

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 Title]

[Client Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Title]

Exhibit A: Detailed Service Description (To be attached)

Exhibit B: Project Specific Deliverables (To be attached, if applicable)