Nebraska IT service contract template

Nebraska IT Service Contract

Effective Date: [Date]

1. Parties

• Service Provider:
  • Legal Name: [Service Provider Legal Name]
  • Business Address: [Service Provider Business Address]
  • Nebraska Business Registration Number (if applicable): [Service Provider Registration Number]
  • Contact Person: [Service Provider Contact Name]
  • Contact Email: [Service Provider Contact Email]
  • Contact Phone: [Service Provider Contact Phone]
• Client:
  • Legal Name: [Client Legal Name]
  • Business Address: [Client Business Address]
  • Nebraska Business Registration Number (if applicable): [Client Registration Number]
  • Contact Person: [Client Contact Name]
  • Contact Email: [Client Contact Email]
  • Contact Phone: [Client Contact Phone]

2. Description of Services

• Option A: Software Development
  • Description: Develop and maintain software applications as per specifications outlined in Exhibit A. Includes coding, testing, and deployment.
  • Project Milestones: Defined in Exhibit A.
  • Deliverable Standards: Must meet Nebraska-specific accessibility requirements (e.g., ADA compliance for public-facing websites).
  • Acceptance Criteria: Defined in Exhibit A, adhering to industry best practices and Nebraska standards.
• Option B: Hardware Installation
  • Description: Install and configure hardware systems at [Client Location in Nebraska].
  • Scope of Work: Detailed in Exhibit B.
  • Service Level Agreements (SLAs): Uptime guarantees, response times, and resolution times as detailed in Exhibit B.
• Option C: Managed IT Support
  • Description: Provide ongoing IT support, including help desk services, system monitoring, and maintenance.
  • Scope of Work: Server, Network, and End-User support.
  • SLAs: Response and resolution times as detailed in Exhibit C.
• Option D: Cloud Services
  • Description: Provide and manage cloud-based infrastructure and services.
  • Platforms: [Cloud Platform, e.g., AWS, Azure, Google Cloud].
  • Compliance: Compliance with relevant regulations (e.g., GLBA, HIPAA, if applicable), data security standards, backup requirements, and incident response provisions consistent with industry best practices and Nebraska’s Identity Theft statutes.
• Option E: Network Security
  • Description: Network Security Consulting, Implementation, Maintenance, and Incident Response Services.
  • Specifications: Firewall Maintenance, Intrusion Detection Systems, Security Audits, and Penetration Testing.
  • Compliance: Compliance with relevant regulations (e.g., GLBA, HIPAA, if applicable), data security standards, backup requirements, and incident response provisions consistent with industry best practices and Nebraska’s Identity Theft statutes.
• Option F: Data Backup and Recovery
  • Description: Provide services for backing up and recovering client data.
  • Frequency: Daily, Weekly, Monthly.
  • Recovery Time Objective (RTO): Specified in Exhibit F.

3. Technology and Compliance

• Technology Platforms: [List of Technology Platforms]
• Software/Hardware Specifications: [Detailed Specifications]
• Compliance: Compliance with GLBA, HIPAA (if applicable), and adherence to Nebraska’s Uniform Electronic Transactions Act for electronic records and signatures.
• Licenses: All licenses comply with U.S. export laws and Nebraska consumer protection laws.

4. Client Obligations

• Access to Systems: Providing necessary access to systems.
• Timely Approvals: Timely approval of project milestones.
• Designated Points of Contact: Maintaining designated point of contact for ongoing service.
• Information: Prompt delivery of required information and documentation while complying with Nebraska privacy laws.

5. Service Delivery

• Method: Remote and/or On-site at [Client Location in Nebraska].
• Location: [Specific Location in Nebraska]
• Hours of Service: [Business Hours].
• Response Times: [Defined Response Times].
• Escalation Procedures: [Defined Escalation Procedures].
• After-Hours Support: [After-Hours Support Policy].

6. Fees and Payment

• Option A: Fixed Fee
  • Fee Amount: [Dollar Amount]
  • Payment Schedule: [Payment Schedule]
• Option B: Hourly Rate
  • Hourly Rate: [Dollar Amount per Hour]
  • Invoicing: Monthly with detailed time reports.
• Option C: Retainer
  • Retainer Amount: [Dollar Amount]
  • Services Included: [Services Included in Retainer].
• Invoicing Process: Monthly invoices sent to [Client Contact Email].
• Sales/Use Tax: Applicable Nebraska sales/use tax will be added to invoices.
• Late Payment Penalties: [Late Payment Penalty Percentage] per month.
• Refund Policies: In line with Nebraska’s consumer protection statutes; detailed in Exhibit D.

7. Intellectual Property

• Ownership: [Ownership of Custom Developed Software - Client or Service Provider].
• Licensing: Licensing terms for proprietary tools.
• Post-Contract Usage Rights: Post-contract usage rights detailed in Exhibit E, including the Nebraska Uniform Trade Secrets Act.

8. Confidentiality and Data Protection

• Non-Disclosure: Strict non-disclosure obligations.
• Secure Handling: Secure handling of client data.
• Incident Notification: Incident notification requirements.
• Survival: Survival of confidentiality post-termination.
• Data Security Standards, backup requirements, and incident response provisions consistent with industry best practices and Nebraska’s Identity Theft statutes.
• Hosting: If hosting client data, address physical/technical safeguards in line with the Nebraska Consumer Data Privacy guidelines.

9. Employment and Subcontracting

• Non-Solicitation: Non-solicitation of employees.
• Subcontractors: Permissible use of subcontractors (with client approval).
• Compliance: Compliance with wage and labor laws.

10. Warranties and Remedies

• Warranties: Service reliability, qualified personnel, non-infringement, secure configuration, free-from-malware assurances.
• Remedies: Error correction, re-performing deficient services, or damages arising from nonperformance under Nebraska law.

11. Liability

• Limits on Liability: Limits on provider’s aggregate liability.
• Indemnification: Indemnification for third-party IP claims, damage to equipment, or data breaches.
• Exclusion: Exclusion of consequential damages to the extent permitted by Nebraska statute.

12. Dispute Resolution

• Negotiation: Good faith negotiation.
• Mediation/Arbitration: Nebraska-based mediation or arbitration.
• Governing Law: Exclusive venue and governing law as State of Nebraska.
• Electronic Communications: Acknowledgment of enforceability of electronic communications and electronic signatures as per Nebraska statutes.

13. Force Majeure

• Conditions: Flood, fire, cyberattack, etc.
• Procedures: Nebraska-compliant notice and mitigation procedures.

14. Amendment, Waiver, Assignment

• Amendment: Subject to prior written consent and compliance with Nebraska law.
• Waiver: Any waiver must be in writing.
• Assignment: Not assignable without prior consent.

15. Audits and Compliance Checks

• Right to Audit: Client or regulator right to audit.
• Compliance: Adherence to relevant Nebraska and federal laws.

16. Term and Termination

• Duration: [Contract Duration]
• Renewal Options: [Renewal Options]
• Early Termination: By either party (including for breach, insolvency, or significant regulatory non-compliance).
• Notice Periods: [Notice Period].
• Termination Fees: [Calculation of Termination Fees].
• Data Handling: Handling of outstanding payments and data or asset return/destruction at contract end, ensuring these comply with Nebraska’s Unfair Practices statutes.

17. Insurance

• Professional Liability: [Minimum Coverage Amount]
• Cyber Liability: [Minimum Coverage Amount]
• Commercial General Liability: [Minimum Coverage Amount]
• Certificate Delivery: Certificate of insurance provided to client.

18. Registration and Certifications

• Nebraska/Federal Registrations: IT service provider registrations.

19. Injunctive Relief

• Right to Injunctive Relief: For breaches involving unauthorized IP use or data confidentiality.

20. Notices

• Notice Addresses: As stated in Section 1 (Parties).
• Delivery Methods: In accordance with Nebraska law.

21. Updates to Terms

• Right to Update: Right to update terms in response to changes in Nebraska or federal legal requirements that affect IT services.

22. Accessibility

• ADA Compliance: ADA digital accessibility if services include public-facing software/web development delivered within Nebraska.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

[Service Provider Legal Name]

By: [Name]

Title: [Title]

[Client Legal Name]

By: [Name]

Title: [Title]