New Hampshire IT service contract template

New Hampshire IT Service Contract

This New Hampshire Information Technology (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”), and
  • Contact Person: [Provider Contact Person]
  • Email: [Provider Contact Email]
  • Phone: [Provider Contact Phone]
• [Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Address] (“Client”).
  • Contact Person: [Client Contact Person]
  • Email: [Client Contact Email]
  • Phone: [Client Contact Phone]

1. Scope of Services

• Option A: Comprehensive IT Services
  • Provider will provide the following IT services to Client: [Detailed description of all IT services, e.g., network support, cybersecurity monitoring, cloud migration, systems integration, helpdesk, software development, IT consulting, hardware maintenance, data backup].
• Option B: Limited IT Services
  • Provider will provide the following IT services to Client: [Detailed description of specific IT services]. Services outside of this scope are subject to a separate agreement.
• Option C: Project-Based IT Services
  • Provider will provide IT services related to the [Project Name] project, as described in [Project Documentation Reference].
• Services will be performed in accordance with industry best practices and relevant technical standards.

2. Key Deliverables and Acceptance Criteria

• Option A: Defined Deliverables
  • The key deliverables are:
    • [Deliverable 1 Description]: Technical Specifications: [Specifications]. Acceptance Criteria: [Criteria].
    • [Deliverable 2 Description]: Technical Specifications: [Specifications]. Acceptance Criteria: [Criteria].
• Option B: Ongoing Service Level Agreements (SLAs)
  • Provider guarantees the following SLAs:
    • Uptime Guarantee: [Uptime Percentage].
    • Incident Response Time: [Response Time].
    • Incident Resolution Time: [Resolution Time].
    • Maintenance Window: [Days and Times].
    • Escalation Procedures: [Description].
• Option C: Phased Delivery with Milestones
  • Implementation and project milestones:
    • Milestone 1: [Milestone Description]. Deadline: [Date]. Acceptance Process: [Process Description].
    • Milestone 2: [Milestone Description]. Deadline: [Date]. Acceptance Process: [Process Description].

3. Client Obligations

• Option A: General Obligations
  • Client will provide timely:
    • Network access
    • Data
    • Systems credentials
    • Hardware/Software
  • Client will designate a contact person: [Client Contact Person].
• Option B: Data Privacy Cooperation
  • Client will cooperate with Provider to ensure compliance with all applicable data privacy laws.
• Option C: Resource Availability
  • Client will ensure availability of required personnel for consultations and project-related activities.

4. Work Location and Travel

• Option A: Remote Services
  • Services will be performed remotely.
• Option B: Onsite Services
  • Services will be performed onsite at [Client Address].
• Option C: Hybrid Services
  • Services will be performed both remotely and onsite. Onsite services will be performed at [Client Address].
• If travel is required, Client will reimburse Provider for travel expenses at [Mileage Rate] per mile, consistent with New Hampshire standards. Background screening requirements: [Description].

5. Payment Terms

• Option A: Fixed Price
  • The total fixed price for the services is [Dollar Amount].
• Option B: Time & Materials
  • Provider’s hourly rate is [Dollar Amount]. Materials will be billed at cost plus [Percentage]%.
• Option C: Retainer
  • Client will pay Provider a monthly retainer of [Dollar Amount].
• Payment Schedule: [Payment Schedule]. Invoice Submission: [Invoice Submission Process]. Invoice Approval: [Invoice Approval Process]. Applicable Taxes: [Applicable New Hampshire Taxes, if any].

6. Confidentiality and Data Security

• Option A: Standard Confidentiality
  • Both parties agree to maintain the confidentiality of each other’s confidential information.
• Option B: Enhanced Data Security
  • Provider will implement the following data security measures: [Detailed security measures, including encryption, secure storage, incident notification timeframes].
• Option C: Compliance with Regulations
  • Provider will comply with all applicable federal and New Hampshire data privacy and security laws, including HIPAA/GLBA requirements where applicable and New Hampshire RSA 359-C:20.

7. Intellectual Property Rights

• Option A: Client Ownership
  • Client owns all intellectual property rights in deliverables created under this Agreement, excluding pre-existing IP.
• Option B: Provider Ownership
  • Provider owns all intellectual property rights in deliverables created under this Agreement, granting Client a [License Type] license to use the deliverables.
• Option C: Joint Ownership
  • Intellectual property rights will be jointly owned by Client and Provider.
• New Hampshire law governs IP and contractors’ work product ownership.

8. Warranties and Representations

• Option A: Standard Warranties
  • Provider warrants that the services will be performed in a professional manner.
• Option B: Extended Warranties
  • Provider warrants that the services will be free from defects for [Warranty Period].
• Option C: No Infringement Warranty
  • Provider warrants that the services will not infringe on the intellectual property rights of any third party.
• Warranty limitations/exclusions: [Description].

9. Technical Support and Maintenance

• Option A: Standard Support
  • Provider will provide technical support during normal business hours. Response time: [Response Time].
• Option B: Extended Support
  • Provider will provide 24/7 technical support. Response time: [Response Time].
• Option C: Maintenance Included
  • Provider will provide ongoing maintenance, including patch management and upgrades.
• Post-delivery support responsibilities: [Description].

10. Change Management

• All changes to the scope of services must be documented in writing and approved by both parties. Change Request Procedures: [Description]. Impact on Schedule/Fees: [Description].

11. Data Protection and Cybersecurity

• Option A: General Data Protection
  • Provider will comply with all applicable data protection laws.
• Option B: Enhanced Cybersecurity Measures
  • Provider will implement the following cybersecurity measures: [Specific measures, including training, background checks, and subcontractor vetting according to New Hampshire standards].
• Provider shall notify the client of any security breaches per New Hampshire’s data breach notification statute (NH RSA 359-C:20).

12. Liability and Insurance

• Liability Limits: [Dollar Amount]. Exclusions of Consequential Damages: [Description]. Indemnity Provisions: [Description]. Insurance Requirements: [Professional Liability (E&O), General Liability, and Cyber Liability with state-appropriate policy limits].

13. Termination

• Option A: Termination for Breach
  • Either party may terminate this Agreement for material breach. Notice Period: [Number] days.
• Option B: Termination for Convenience
  • Client may terminate this Agreement for convenience. Notice Period: [Number] days.
• Option C: Termination Upon Bankruptcy
  • This Agreement may be terminated if either party files for bankruptcy.
• Rights and obligations upon termination: [Description, including transition assistance and data handover].

14. Force Majeure

• Neither party will be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events. Compliance with New Hampshire legal definitions of force majeure is required.

15. Dispute Resolution

• Option A: Negotiation
  • The parties will attempt to resolve any disputes through good faith negotiation.
• Option B: Mediation
  • If negotiation fails, the parties will attempt to resolve any disputes through mediation in New Hampshire.
• Option C: Arbitration
  • If mediation fails, the parties will submit to binding arbitration in New Hampshire.
• Governing Law: New Hampshire. Jurisdiction: New Hampshire state or federal courts.

16. Compliance with Laws

• Provider represents and warrants that it will comply with all applicable federal, state, and local laws and regulations, including the State of New Hampshire Information Technology Security Policy (if applicable).

17. Audit Rights

• Client has the right to audit Provider’s compliance with data security and service level agreements. Frequency: [Frequency]. Scope: [Scope].

18. Non-Solicitation and Non-Compete

• Option A: Non-Solicitation
  • During the term of this Agreement and for [Number] years thereafter, neither party will solicit the other party’s employees.
• Option B: Non-Compete
  • During the term of this Agreement and for [Number] years thereafter, Provider will not provide similar services to Client’s direct competitors in [Geographic Area].
• Non-solicitation and non-compete clauses are subject to New Hampshire law.

19. Notices

• All notices must be in writing and sent by: [Email, Certified Mail, Courier]. Effective Date of Notice: [Description]. Addresses for Service: [Provider Address, Client Address].

20. Assignment and Subcontracting

• Provider [May/May Not] assign its obligations under this Agreement without the prior written consent of Client. Provider [May/May Not] subcontract its obligations under this Agreement subject to written consent and local regulatory requirements.

21. Miscellaneous

• Severability: If any provision of this Agreement is held to be invalid, the remaining provisions will remain in effect. Entire Agreement: This Agreement constitutes the entire agreement between the parties. Amendment Procedure: This Agreement may be amended only in writing and signed by both parties. Signature Attestation/Notarization: [Required/Not Required, if applicable], noting specific New Hampshire legal formalities if applicable.

22. Data Security Addendum/Business Associate Agreement

• [If applicable, reference or attach a Data Security Addendum and/or Business Associate Agreement if the client falls under HIPAA or other federal law, mentioning any New Hampshire-specific addenda or policy references required.]

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

[Provider Legal Name]

By: [Provider Authorized Signature]

Name: [Provider Printed Name]

Title: [Provider Title]

[Client Legal Name]

By: [Client Authorized Signature]

Name: [Client Printed Name]

Title: [Client Title]