Maine IT service contract template

Maine IT Service Contract

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

• [Provider Name], a [State] [Business Type] with its principal place of business at [Provider Address], hereinafter referred to as "Provider,"
  • Maine Business Registration Number: [Registration Number]
  • Technical Certifications (if applicable): [List Certifications]

and

• [Client Name], a [State] [Business Type] with its principal place of business at [Client Address], hereinafter referred to as "Client."

1. Contact and Authorization

• Provider Contact: [Provider Contact Name], [Provider Contact Title], [Provider Contact Email], [Provider Contact Phone]
• Client Contact: [Client Contact Name], [Client Contact Title], [Client Contact Email], [Client Contact Phone]

• Provider Authorized Representative: [Provider Rep Name], [Provider Rep Title]
• Client Authorized Representative: [Client Rep Name], [Client Rep Title]

2. Scope of IT Services

• Option A: Managed IT Support
  • Details: [Description of Managed IT Support Services]
• Option B: Network Monitoring and Maintenance
  • Details: [Description of Network Monitoring and Maintenance Services]
• Option C: Hardware and Software Installation
  • Details: [Description of Hardware and Software Installation Services]
• Option D: Cybersecurity Services
  • Details: [Description of Cybersecurity Services]
• Option E: Data Backup and Disaster Recovery Solutions
  • Details: [Description of Data Backup and Disaster Recovery Solutions]
• Option F: Cloud Computing
  • Details: [Description of Cloud Computing Services]
• Option G: Helpdesk Support
  • Details: [Description of Helpdesk Support Services]
• Option H: Software Licensing Management
  • Details: [Description of Software Licensing Management Services]
• Option I: Hardware Lifecycle Management
  • Details: [Description of Hardware Lifecycle Management Services]
• Option J: Client-Specific Customization
  • Details: [Description of Client-Specific Customization Services]

Specified Response Times:

• Priority 1 (Critical): [Response Time]
• Priority 2 (High): [Response Time]
• Priority 3 (Normal): [Response Time]
• Priority 4 (Low): [Response Time]

3. Technical Specifications and Service Level Agreements (SLAs)

• Option A: Uptime Guarantee
  • Uptime Percentage: [Percentage]%
  • Exclusions: [List Exclusions]
• Option B: Response Time Guarantees (See Section 2)
• Option C: Ticket Escalation Procedures
  • Level 1 Escalation: [Time Frame]
  • Level 2 Escalation: [Time Frame]
• Option D: Resolution Time Guarantees
  • Priority 1 (Critical): [Resolution Time]
  • Priority 2 (High): [Resolution Time]
  • Priority 3 (Normal): [Resolution Time]
  • Priority 4 (Low): [Resolution Time]

4. Client Responsibilities

• Option A: Provision of Access Credentials
• Option B: Timely Provision of Information
• Option C: Appointment of Technical Liaisons: [Client Liaison Names and Contact Information]
• Option D: Compliance with Provider's Security Protocols: [Specify Protocols]

5. Onsite vs. Remote Service; Geographic Limitations

• Option A: Onsite Service: [Conditions for Onsite Service]
• Option B: Remote Service: [Conditions for Remote Service]
• Option C: Geographic Service Limitations: [List Limitations]
• Option D: Travel Reimbursement: Provider will be reimbursed for travel expenses at the current Maine State rate of [Rate] per mile for destinations beyond [Miles] miles from Provider's principal place of business.

6. Service Fee Schedule

• Option A: Fixed Pricing: [Amount] per [Time Period]
• Option B: Hourly Pricing: [Amount] per hour
• Option C: Usage-Based Pricing: [Details of Usage-Based Pricing]
• Option D: Minimum Billing Period: [Minimum Billing Period]
• Option E: Overtime Rates: [Overtime Rate]
• Option F: Scheduled Invoices: [Invoice Schedule]
• Option G: Late Payment Penalties: [Late Payment Penalty Details]
• Option H: Maine Sales Tax: All fees are exclusive of applicable Maine sales tax, currently at [Percentage]%.

7. Intellectual Property

• Option A: Client Ownership: Client owns all intellectual property created specifically for Client.
• Option B: Provider Ownership: Provider retains ownership of pre-existing tools and third-party licensed material. Client receives a license to use such items for the duration of this Agreement.
  • License Type: [Specify License Type]

8. Confidentiality and Data Privacy

Provider shall maintain the confidentiality of all Client data in accordance with Maine privacy statutes, including the Act to Protect the Privacy of Online Consumer Information, and any applicable federal laws such as HIPAA/GLBA.

• Confidentiality Period: [Number] years following termination of this Agreement.
• Option A: Data Storage Location: [Specify Data Storage Location] Client has the right to specify storage within Maine if required by applicable regulations.

9. Cybersecurity and Breach Notification

Provider shall notify Client of any data breach within [Number] hours, as required by 10 M.R.S.A. §1347 et seq.

• Breach Response Protocol: [Detailed Breach Response Protocol]

10. Data Storage and Location

Client Control: Client retains control over data, including the right to specify data storage location within Maine if required by law.

11. Quality Assurance and Maintenance

• Option A: System Acceptance Testing: [Description of Testing Procedures]
• Option B: Periodic Reviews: [Frequency of Reviews]
• Option C: Patch Management: [Details of Patch Management]
• Option D: Virus/Malware Protection: [Description of Protection Measures]
• Option E: Warranty/Defect Correction: [Warranty Details]
  • Exclusions: [List Exclusions]

12. Limitations of Liability

Provider's liability shall be limited to the amount of fees paid by Client under this Agreement in the [Number] months preceding the claim.

Exclusion: Provider shall not be liable for consequential, incidental, indirect, or punitive damages.

Note: Indemnification for punitive damages may be restricted under Maine law.

13. Indemnification

Provider shall indemnify Client against claims arising from Provider's negligence or violation of Maine or federal law.

14. Client Audit Rights

Client may conduct on-site audits with [Number] days' prior written notice, subject to reasonable limitations.

15. Subcontracting/Remote Support

Provider may subcontract services with Client's prior written approval.

• Remote Support Location: [Specify Location]

16. Electronic Signatures and Communications

This Agreement may be executed electronically in compliance with the Maine Uniform Electronic Transactions Act.

17. Termination

• Option A: For Cause: [Description of Cause]
  • Notice Period: [Number] days
• Option B: For Convenience:
  • Notice Period: [Number] days
• Option C: Mutual Agreement:
  • Notice Period: [Number] days

18. End-of-Contract Transition Assistance

Provider shall provide reasonable assistance in transitioning services to Client or another provider.

• Transition Period: [Number] days

19. Amendment

This Agreement may be amended only by written agreement signed by both parties.

20. Force Majeure

Neither party shall be liable for delays caused by events beyond their reasonable control, including severe weather specific to Maine.

• Notification Requirement: [Time Frame]

21. Remedies for Breach

• Option A: Service Credits: [Details of Service Credits]
• Option B: Refund Policy: [Details of Refund Policy]
• Option C: Expedited Escalation: [Details of Escalation Procedure]

22. Dispute Resolution

• Step 1: Good Faith Negotiation
• Step 2: Mediation (Maine-licensed mediator)
• Step 3: Binding Arbitration (Within Maine)

Governing Law: This Agreement shall be governed by the laws of the State of Maine. Venue: The exclusive jurisdiction for any legal action shall be the courts of the State of Maine.

23. Compliance with Maine Laws

Provider certifies compliance with all applicable Maine state contract, consumer protection, cybersecurity, internet privacy, labor, and technology-specific laws and regulations.

24. Insurance

Provider shall maintain professional liability/errors & omissions insurance and cybersecurity insurance with minimum coverage levels of [Amount].

Evidence of coverage shall be provided upon request.

25. Non-Solicitation/Non-Compete

[Include only if applicable and enforceable under Maine law.]

• Restricted Period: [Number] years
• Restricted Area: [Geographic Area]

26. Records Access and Preservation

Provider shall maintain records in accordance with Maine legal retention obligations.

27. Severability

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

28. Entire Agreement

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

29. Notices

All notices shall be in writing and sent to the addresses listed in Section 1.

30. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

31. Regulatory and Data-Sharing Consents

[Specify any required consents from Maine agencies or special industry boards.]

32. Schedules

• Schedule A: Deliverable List ([Attached])
• Schedule B: Prioritized Support Tiers ([Attached])
• Schedule C: Incident Escalation Contacts ([Attached])
• Schedule D: Maine Holiday Scheduling ([Attached])

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

____________________________
[Provider Rep Name], [Provider Rep Title]
[Provider Name]

____________________________
[Client Rep Name], [Client Rep Title]
[Client Name]