Nevada IT service contract template

Nevada IT Service Contract

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

• [Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Provider Address] (“Provider”), Nevada business license number [License Number], and contact details: [Provider Contact Name], [Provider Phone], [Provider Email].
• [Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Address] (“Client”), and contact details: [Client Contact Name], [Client Phone], [Client Email].

1. Statement of Work (SOW)

• Option A: General IT Services
  • Provider will provide the following IT services to Client:
    • [List of IT Services. E.g., Network setup and management, Cybersecurity services, Hardware and software installation/maintenance, Cloud computing solutions, Data backup and disaster recovery, Helpdesk and technical support, Software development, System integration, IT consulting, and managed services].
    • Definitions of each service: [Detailed Definitions for Each Listed Service].
    • Scope Limitations: [Detailed Scope Limitations Specific to Client's Business and Nevada Industry Context].
• Option B: Specific Project
  • Provider will complete the following project for Client: [Project Description].
  • Project deliverables: [List of Project Deliverables].
  • Project timeline: [Project Timeline].

2. Service Level Agreement (SLA)

• Option A: Standard SLA
  • Response Time: [Response Time - e.g., within 1 hour during business hours (Pacific Time)].
  • Resolution Time: [Resolution Time - e.g., within 4 hours during business hours (Pacific Time)].
  • Service Availability: [Service Availability - e.g., 99.9% uptime].
  • On-site Service Procedures: [Description of On-site Service Procedures].
  • Remote Service Procedures: [Description of Remote Service Procedures].
  • Escalation Matrix: [Escalation Matrix].
  • Scheduled Maintenance Windows: [Scheduled Maintenance Windows – e.g., Sundays 2:00 AM - 4:00 AM Pacific Time].
• Option B: Custom SLA
  • [Customize the SLA terms based on specific client requirements].

3. Technical Standards and Regulatory Compliance

• Option A: Standard Compliance
  • Provider will comply with all applicable Nevada Revised Statutes (NRS) Chapter 603A data privacy and security obligations and commercial data breach notification law.
  • Provider will adhere to relevant IT industry standards, including [List Standards: e.g., NIST, CIS, PCI-DSS, HIPAA (if applicable)].
• Option B: Specific Compliance
  • Provider will comply with the following specific technical standards and regulations: [List Specific Technical Standards and Regulations Relevant to Client's Business and Nevada Industry].

4. Data Ownership, Protection, Retention, and Destruction

• Option A: Client Data Ownership
  • Client owns all data provided to Provider.
  • Provider will protect Client data in accordance with Nevada's data security laws.
  • Retention Policy: [Data Retention Policy].
  • Destruction Protocol: [Data Destruction Protocol].
  • Data Transfer Protocols: [Data Transfer Protocols].
• Option B: Specific Data Handling Requirements
  • [Specify detailed data handling requirements based on Client's needs and Nevada data privacy laws].

5. Cybersecurity Measures

• Option A: Standard Cybersecurity
  • Provider will implement standard cybersecurity measures, including local access control, encryption standards, security patch schedules, and vulnerability monitoring.
• Option B: Enhanced Cybersecurity
  • Provider will implement enhanced cybersecurity measures, including: [List specific enhanced cybersecurity measures].
  • Incident Response Procedures: [Detailed Incident Response Procedures, including Notification Timelines per Nevada Law].

6. Employee Background Checks and Labor Compliance

• Option A: Background Checks Required
  • Provider will conduct background checks on all personnel accessing Client's sensitive data or systems.
• Option B: No Background Checks Required
  • Background checks are not required.
  • Labor Compliance: Provider warrants compliance with all applicable Nevada labor laws for contractor personnel.

7. Client Obligations

• Option A: Standard Obligations
  • Client will provide Provider with access to systems and premises as needed.
  • Client will provide timely information to Provider.
  • Client will participate in required training.
• Option B: Specific Obligations
  • [List any specific client obligations].
  • Third-Party Involvement: Permitted third-party involvement must comply with Nevada’s contractor registration laws.

8. Work Site Policies

• Option A: Standard Policies
  • Provider personnel will adhere to Client's work site policies.
  • Access Protocols: [Detailed Access Protocols for On-Premises Services].
• Option B: Specific Policies
  • [List any specific work site policies].
  • Travel Reimbursement: Reimbursable travel will be based on Nevada state rates.

9. Fees and Payment

• Option A: Hourly Rate
  • Provider's hourly rate is [Hourly Rate].
• Option B: Flat Fee
  • The flat fee for services is [Flat Fee].
• Option C: Retainer
  • The retainer fee is [Retainer Fee].
  • Approved Expenses: [List Approved Expenses].
  • Reimbursable Travel: Based on Nevada state rates.
  • Late Payment Penalties: [Late Payment Penalty - Must be Legal in Nevada].
  • Applicable Taxes: All applicable federal, Nevada state, and local taxes, fees, and withholdings are the responsibility of [Responsible Party].
  • Invoice Approval: [Invoice Approval Process].
  • Dispute Procedures: [Invoice Dispute Procedures].

10. Change Management

• Option A: Formal Change Management
  • All changes to the SOW must be documented in writing and approved by both parties.
• Option B: Informal Change Management
  • Changes to the SOW may be agreed upon verbally, but written confirmation is recommended.
  • Amendment/Addendum Requirements: Must comply with Nevada-compliant amendment/addendum requirements.

11. Acceptance Testing

• Option A: Formal Acceptance
  • Client will conduct acceptance testing upon completion of the services.
  • Written Sign-Off: Required, referencing Nevada’s statute of frauds.
  • Acceptance Criteria: [Detailed Acceptance Criteria].
• Option B: No Formal Acceptance
  • No formal acceptance testing is required.

12. Deliverables

• Option A: Defined Deliverables
  • Timeline for Interim and Final Deliverables: [Detailed Timeline].
  • Acceptance Milestones: [List of Acceptance Milestones].
  • Deliverable Verification/Acceptance: Per Nevada-specific legal requirements.
• Option B: No Specific Deliverables
  • No specific deliverables are defined.

13. Intellectual Property

• Option A: Client Ownership
  • Client owns all intellectual property created as a result of the services.
• Option B: Provider Ownership
  • Provider retains ownership of all intellectual property.
  • License to Client: Provider grants Client a [Type of License – e.g., perpetual, non-exclusive] license to use the intellectual property.
  • Specify exclusive or retained rights in custom code, software licenses, documentation, and third-party tool use, with reference to Nevada law on commissioned software or bespoke IT solutions.
  • Display Rights: Only as permitted by the Client.

14. Confidentiality

• Option A: Standard Confidentiality
  • Both parties agree to protect each other's confidential information.
• Option B: Detailed Confidentiality
  • Both parties agree to protect trade secrets, proprietary information, and all data covered by Nevada data privacy statutes. This duty extends after contract termination.
  • Definition of Confidential Information: [Detailed Definition of Confidential Information].

15. Cybersecurity Incident Reporting

• Option A: Standard Reporting
  • Provider will notify Client of any cybersecurity incidents within [Number] hours.
• Option B: Detailed Reporting
  • Cybersecurity incident reporting and cooperation clauses must meet Nevada’s breach notification requirements for both consumer and business data.

16. Quality Assurance and Warranties

• Option A: Standard Warranty
  • Provider warrants that the services will be performed in a professional manner.
• Option B: Detailed Warranty
  • Performance Warranties: Fit for purpose, free from material defects.
  • Maintenance/Support Period: [Duration].
  • Exclusion of Client-Caused Faults.

17. Force Majeure

• Option A: Standard Force Majeure
  • Neither party will be liable for delays caused by force majeure events.
• Option B: Specific Force Majeure
  • Force majeure events include [List Specific Events, including Nevada natural disaster references].

18. Termination

• Option A: Termination for Cause
  • Either party may terminate this Agreement for cause upon [Number] days' written notice.
• Option B: Termination for Convenience
  • Client may terminate this Agreement for convenience upon [Number] days' written notice.
  • Minimum Notice Periods, Cure Rights, and Required Documentation: Per Nevada contract law.

19. Final Settlement

• Option A: Standard Settlement
  • Upon termination, all outstanding payments must be made.
• Option B: Detailed Settlement
  • Final settlement of all outstanding payments, data returns, and transfer or assistance obligations on contract termination as defined in Nevada’s commercial regulations.

20. Indemnification and Limitation of Liability

• Option A: Standard Indemnification
  • Each party will indemnify the other against claims arising from its negligence.
• Option B: Detailed Indemnification
  • Indemnification, limitation of liability, and risk allocation tailored to Nevada law, disallowing unenforceable exclusions and preserving consumer/vendor protection clauses as mandated in the state.

21. Insurance

• Option A: Standard Insurance
  • Provider will maintain professional liability insurance.
• Option B: Detailed Insurance
  • Insurance Requirements: Professional liability/E&O, workers’ comp, and cybersecurity insurance.
  • Minimum Coverage Limits: Comply with Nevada standards and requirements for state agencies or regulated industries.

22. Dispute Resolution

• Option A: Mediation
  • Any disputes will be resolved through mediation in [City, Nevada].
• Option B: Arbitration
  • Any disputes will be resolved through binding arbitration in [City, Nevada].
• Option C: Litigation
  • Any disputes will be resolved in the courts of [County, Nevada].
  • Governing Law: Nevada law applies, referencing specific relevant statutes.

23. Consumer Protection Disclosures

• Option A: Standard Compliance
  • Provider will comply with all applicable Nevada consumer protection laws.
• Option B: Specific Disclosures
  • All consumer protection disclosures, notification requirements, and regulatory compliance statements mandated by Nevada law for IT vendors are incorporated.

24. Representations and Warranties

Provider represents and warrants that it has the authority to enter into this Agreement, is properly registered to do business in Nevada, and will not infringe on any third-party intellectual property rights.

25. Miscellaneous

• Option A: Standard Provisions
  • This Agreement constitutes the entire agreement between the parties.
• Option B: Detailed Provisions
  • Assignment Rights and Restrictions: With reference to Nevada anti-assignment rules.
  • Non-Solicitation: Of Client staff or subcontractors.
  • Severability:
  • Waiver:
  • Notice Requirements: With specified Nevada addresses.
  • Integration/Entire Agreement Clause: Referencing Nevada law.
  • Execution in Counterparts and Electronic Signatures: Valid in Nevada.

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

[Provider Legal Name]

By: [Provider Signature]

Name: [Provider Printed Name]

Title: [Provider Title]

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]