IT Service Agreement for the United States

IT Service Agreement Template for United States

An IT Service Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which an IT service provider will deliver specific technology services to a client. This agreement covers essential elements including service scope, performance standards, data protection, security requirements, and compliance with U.S. federal and state regulations. It incorporates provisions for service levels, pricing, intellectual property rights, and liability limitations while ensuring adherence to relevant U.S. technology and privacy laws.

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What is a IT Service Agreement?

The IT Service Agreement is essential for organizations engaging external technology service providers in the United States. This contract type establishes clear expectations, responsibilities, and obligations between parties while ensuring compliance with federal and state regulations. It typically includes detailed service descriptions, performance metrics, data protection measures, and security protocols. The agreement is particularly crucial in today's digital environment where businesses increasingly rely on external IT expertise and must address concerns about data privacy, cybersecurity, and regulatory compliance.

What sections should be included in a IT Service Agreement?

1. Parties: Identification of the service provider and client, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of IT services to be provided

5. Service Levels: Performance standards and metrics

6. Fees and Payment: Pricing, payment terms, and invoicing procedures

7. Term and Termination: Duration of agreement and termination provisions

8. Confidentiality: Protection of confidential information

9. Data Protection: Data security and privacy obligations

What sections are optional to include in a IT Service Agreement?

1. Change Control: Procedures for managing changes to services - recommended for complex or long-term agreements

2. Staff Augmentation: Terms for providing personnel - include when staffing services are part of the agreement

3. Insurance: Insurance requirements - recommended for high-value or high-risk services

4. Compliance: Industry-specific compliance requirements - necessary when dealing with regulated industries

What schedules should be included in a IT Service Agreement?

1. Service Description Schedule: Detailed technical specifications of services

2. Service Level Agreement: Detailed performance metrics and remedies

3. Price Schedule: Detailed pricing breakdown and rate cards

4. Data Processing Agreement: Detailed data protection obligations and procedures

5. Business Continuity Plan: Disaster recovery and business continuity procedures

6. Security Requirements: Detailed security protocols and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Computer Fraud and Abuse Act (CFAA): Federal law that addresses computer-related crimes and unauthorized access to computer systems

Electronic Communications Privacy Act (ECPA): Federal law governing the interception and monitoring of electronic communications

Federal Information Security Management Act (FISMA): Defines framework for protecting government information, systems and assets

Health Insurance Portability and Accountability Act (HIPAA): Regulations for protecting sensitive healthcare data and patient information

Gramm-Leach-Bliley Act (GLBA): Federal law requiring financial institutions to protect customers' sensitive financial data

Digital Millennium Copyright Act (DMCA): Copyright law addressing digital content and intellectual property protection

Federal Trade Commission Act: Governs data security and privacy practices to protect consumers from unfair or deceptive practices

State Data Breach Notification Laws: State-specific requirements for notifying affected parties in case of data breaches

State Data Protection Laws: Various state laws (e.g., CCPA, SHIELD Act) governing data protection and privacy

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions across states

E-SIGN Act: Federal law ensuring legal validity of electronic signatures and records

GDPR Compliance: EU data protection regulation that may apply when handling European data

PCI DSS: Payment Card Industry Data Security Standard for organizations handling credit card information

Sarbanes-Oxley Act (SOX): Compliance requirements for public companies regarding financial reporting and internal controls

Worker Classification Regulations: Laws governing proper classification of workers as employees or contractors

Service Level Requirements: Contractual obligations regarding performance metrics, availability, and quality of service

Data Security Requirements: Specific obligations for protecting data, including encryption, access controls, and security measures

Intellectual Property Rights: Legal framework governing ownership and usage rights of created works and innovations

Liability and Indemnification: Legal provisions defining responsibility and compensation for potential damages or losses

Disaster Recovery Requirements: Obligations regarding business continuity and system recovery in case of emergencies

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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