West Virginia IT service contract template

West Virginia IT Service Agreement

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

• [IT Service Provider Legal Name], a [State] [Entity Type] with its principal place of business at [IT Service Provider Address] (“Provider”),
• and
• [Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Address] (“Client”).

Provider and Client are each referred to herein individually as a “Party” and collectively as the “Parties.”

Scope of Services:

• Option A: Managed IT Support:
  • Deliverables: 24/7 Helpdesk, Server monitoring, Patch management.
  • Minimum Uptime: 99.9%
  • Response Time: 1 hour for critical issues, 4 hours for standard issues.
• Option B: Software Development:
  • Deliverables: Custom application development, testing, deployment.
  • Performance Standards: Application must meet specified requirements.
  • Escalation Procedures: Defined in project management plan.
• Option C: Cybersecurity Services:
  • Deliverables: Vulnerability assessments, penetration testing, incident response.
  • Hours of Operation: Business hours, emergency support available 24/7.
  • Technologies/Platforms: [List Technologies].

Client Responsibilities:

• Option A: Access to Premises:
  • Client will provide Provider with reasonable access to its premises.
• Option B: Provision of Infrastructure:
  • Client will provide necessary infrastructure, including servers, network, and software licenses.
• Option C: Timely Cooperation:
  • Client will cooperate with Provider in a timely manner.

Service Monitoring and Reporting:

• Option A: Monthly Reports:
  • Provider will provide Client with monthly activity and incident reports.
• Option B: Quarterly Review Meetings:
  • Parties will hold quarterly review meetings to discuss service performance.
• Option C: Custom Reporting:
  • Provider will provide custom reports as reasonably requested by Client.

Change Control:

• Option A: Written Approval:
  • All changes to the scope of services must be approved in writing by Client.
• Option B: Change Order Process:
  • Any changes will be documented via a formal change order process.
• Option C: West Virginia Public Procurement:
  • For government clients, changes must comply with West Virginia public procurement statutes.

Fees and Payment:

• Option A: Fixed-Price:
  • Services will be provided on a fixed-price basis of [Dollar Amount].
• Option B: Hourly Rate:
  • Services will be billed at an hourly rate of [Dollar Amount].
• Option C: Retainer Basis:
  • Client will pay a monthly retainer of [Dollar Amount].
  • West Virginia Sales Tax: Applicable sales tax will be added to all invoices.

Data Ownership and Intellectual Property:

• Option A: Client Ownership:
  • Client will own all data and intellectual property created under this Agreement.
• Option B: Shared Ownership:
  • Parties will jointly own data and intellectual property.
• Option C: Licensing Terms:
  • Specific licensing terms for any custom software will be defined in Appendix A.
  • Government, Education, and Healthcare: Special provisions for government, education, or healthcare sector clients under state rules.

Data Privacy and Security:

• Option A: HIPAA Compliance:
  • Provider will comply with all applicable HIPAA regulations (if applicable).
• Option B: FERPA Compliance:
  • Provider will comply with all applicable FERPA regulations (if applicable).
• Option C: West Virginia Consumer Credit and Protection Act:
  • Provider will comply with the West Virginia Consumer Credit and Protection Act.
  • Encryption: Encryption required for data at rest and in transit.

Insurance:

• Option A: Professional Liability:
  • Provider will maintain professional liability insurance of [Dollar Amount].
• Option B: Cyber Liability:
  • Provider will maintain cyber liability insurance of [Dollar Amount].
• Option C: Workers' Compensation:
  • Provider will maintain workers' compensation insurance as required by West Virginia law.

Term and Termination:

• Option A: Term Length:
  • The term of this Agreement shall be [Number] years, commencing on [Date].
• Option B: Termination for Cause:
  • Either party may terminate this Agreement for cause upon [Number] days' written notice.
• Option C: Termination for Convenience:
  • Client may terminate this Agreement for convenience upon [Number] days' written notice.

Warranties and Liabilities:

• Option A: Defect Correction:
  • Provider warrants that the services will be performed in a professional manner and will correct any defects within [Number] days.
• Option B: Limitation of Liability:
  • Provider's liability under this Agreement shall be limited to the amount paid by Client.
• Option C: Indemnification:
  • Provider shall indemnify and hold harmless Client from any claims arising from Provider's negligence.

Dispute Resolution:

• Option A: Mediation:
  • Any disputes shall be resolved through mediation in [City, West Virginia].
• Option B: Arbitration:
  • Any disputes shall be resolved through binding arbitration in [City, West Virginia].
• Option C: Governing Law and Jurisdiction:
  • This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia. The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the state or federal courts located in [County, West Virginia].

Force Majeure:

• Option A: Natural Disasters:
  • Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to natural disasters, including floods and storms.
• Option B: Government Emergencies:
  • Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to government emergencies, including public health emergencies.
• Option C: Mitigation:
  • Both parties shall use reasonable efforts to mitigate the effects of any force majeure event.

Compliance with Laws:

• Option A: West Virginia Law:
  • Provider shall comply with all applicable West Virginia state and federal laws.
• Option B: Data Protection:
  • Provider shall comply with all applicable data protection laws.
• Option C: Government Procurement:
  • Provider shall comply with all applicable government procurement rules (if applicable).

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

[IT Service Provider Legal Name]

By: [Authorized Representative Name]

Title: [Title]

Date: [Date]

[Client Legal Name]

By: [Authorized Representative Name]

Title: [Title]

Date: [Date]