IT Services Contract

IT Services Contract Template for Denmark

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Document background

The IT Services Contract is essential for organizations engaging external providers for their information technology needs under Danish jurisdiction. This contract type is particularly crucial in today's digital business environment, where organizations increasingly rely on external IT expertise and infrastructure. The agreement ensures compliance with Danish law and EU regulations, particularly regarding data protection and cybersecurity. It provides a comprehensive framework for managing the service relationship, including detailed specifications of services, performance metrics, security requirements, and risk allocation. The document is designed to protect both parties' interests while ensuring clear accountability and service delivery standards. It's particularly relevant given Denmark's strong focus on digital transformation and strict regulatory requirements for data protection and IT security.

Suggested Sections

1. Parties: Identification of contracting parties including registered offices and company numbers

2. Background: Context of the agreement and high-level business objectives

3. Definitions: Defined terms used throughout the agreement

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

5. Service Provider Obligations: Key responsibilities and commitments of the service provider

6. Customer Obligations: Customer's responsibilities and requirements for enabling service delivery

7. Service Levels: Performance standards, measurement metrics, and reporting requirements

8. Charges and Payment: Pricing, payment terms, invoicing, and fee adjustment mechanisms

9. Data Protection: GDPR compliance and data processing obligations

10. Information Security: Security requirements and standards for service delivery

11. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnities: Allocation of risks and liability caps

14. Term and Termination: Contract duration, renewal, and termination rights

15. Exit and Migration: Process for service transition upon contract end

16. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Disaster Recovery: Business continuity and disaster recovery procedures, used for critical services

2. Personnel: Key personnel requirements and vetting procedures, used when specific staff are crucial

3. Third-Party Contracts: Management of subcontractors and third-party providers, used when subcontracting is permitted

4. Insurance: Specific insurance requirements, used for high-risk or high-value services

5. Audit Rights: Customer audit provisions, used for regulated industries or critical services

6. Change Control: Formal process for managing changes, used for complex or long-term contracts

7. Service Credits: Financial consequences of missing service levels, used when specific performance metrics are crucial

8. Source Code Escrow: Protection of source code access, used when custom software is developed

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical and functional description of the IT services

2. Schedule 2 - Service Levels: Detailed SLA metrics, measurement methods, and reporting requirements

3. Schedule 3 - Charges: Detailed pricing model, rate cards, and payment milestones

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details

5. Schedule 5 - Security Requirements: Detailed information security standards and procedures

6. Schedule 6 - Governance: Service management, reporting, and escalation procedures

7. Schedule 7 - Form of Change Order: Template for documenting agreed changes to services

8. Schedule 8 - Exit Plan: Detailed transition and exit management procedures

9. Appendix A - Technical Infrastructure: Description of technical environment and requirements

10. Appendix B - Key Personnel: Details of key staff and their roles

11. Appendix C - Approved Subcontractors: List of pre-approved third-party providers

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