The IT Service Agreement is a crucial contract used when engaging external providers for technology services in the Philippines. It establishes a formal relationship between service providers and customers, detailing the scope of IT services, service levels, and compliance requirements. This agreement is particularly important given the Philippines' strong position in the global IT and BPO sector, and must comply with local regulations including the Electronic Commerce Act (RA 8792), Data Privacy Act (RA 10173), and Intellectual Property Code. The document typically covers various IT services ranging from software development and maintenance to cloud computing and IT infrastructure management, making it essential for businesses operating in or engaging with Philippine technology service providers.
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1. Parties: Identifies the service provider and customer, including their legal names, registration details, and addresses
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the IT services to be provided, including core deliverables and service standards
5. Term and Renewal: Specifies the duration of the agreement and renewal provisions
6. Service Provider Obligations: Lists the key responsibilities and commitments of the service provider
7. Customer Obligations: Outlines the customer's responsibilities and required cooperation
8. Fees and Payment Terms: Details the pricing structure, payment schedule, and related terms
9. Service Levels: Defines performance metrics, monitoring, and reporting requirements
10. Data Protection and Privacy: Addresses compliance with the Data Privacy Act and data handling requirements
11. Intellectual Property Rights: Establishes ownership and usage rights of IP created or used during service delivery
12. Confidentiality: Defines confidential information and protection obligations
13. Liability and Indemnification: Sets out liability limitations and indemnification obligations
14. Termination: Specifies termination rights, process, and consequences
15. General Provisions: Includes standard legal clauses like governing law, notices, and assignment
1. Change Management: Procedures for requesting and implementing changes to services - include when services are likely to evolve
2. Disaster Recovery: Details disaster recovery and business continuity requirements - include for critical systems or services
3. Security Requirements: Specific security protocols and compliance requirements - include for handling sensitive data
4. Staff and Subcontractors: Requirements for service provider personnel and subcontractor use - include when specific expertise or clearance is needed
5. Training and Knowledge Transfer: Requirements for training customer staff - include when knowledge transfer is crucial
6. Transition Services: Process for transitioning services in or out - include for complex or critical services
7. Insurance Requirements: Specific insurance coverage requirements - include for high-risk services
8. Source Code Escrow: Requirements for source code protection - include when custom software is developed
1. Service Description Schedule: Detailed technical specifications of all services to be provided
2. Service Level Agreement: Detailed performance metrics, measurement methods, and penalties
3. Fee Schedule: Detailed breakdown of all fees, rates, and charging mechanisms
4. Personnel Schedule: Key personnel, roles, qualifications, and contact details
5. Technical Requirements: Customer's technical environment and compatibility requirements
6. Data Processing Agreement: Detailed data handling procedures and compliance requirements
7. Security Policy: Detailed security protocols and compliance requirements
8. Business Continuity Plan: Disaster recovery procedures and emergency protocols
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
E-commerce
Telecommunications
Business Process Outsourcing
Manufacturing
Retail
Education
Government and Public Sector
Professional Services
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Finance
Vendor Management
Information Security
Digital Transformation
Service Delivery
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
Procurement Manager
Legal Counsel
Contract Manager
IT Project Manager
Information Security Officer
Compliance Officer
Risk Manager
Operations Director
Chief Financial Officer
Technology Vendor Manager
Service Delivery Manager
Chief Digital Officer
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