The IT Services Contract serves as a fundamental legal instrument for establishing and managing technology service relationships in the Philippines. This document is essential when engaging external IT service providers or establishing formal internal service arrangements. The contract encompasses crucial elements such as service specifications, performance metrics, data protection measures, and compliance with Philippine regulations including the Data Privacy Act of 2012, E-Commerce Act, and Cybercrime Prevention Act. It is particularly relevant in today's digital economy where businesses increasingly rely on external IT expertise and infrastructure. The document provides comprehensive coverage of service delivery standards, intellectual property rights, confidentiality obligations, and risk allocation between parties, while ensuring alignment with Philippine legal requirements and business practices.
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1. Parties: Identification of the service provider and client with complete legal details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of technical terms, service-related terminology, and contract-specific language
4. Scope of Services: Detailed description of IT services to be provided, including core deliverables and service standards
5. Term and Renewal: Duration of the agreement, including start date, end date, and renewal terms
6. Service Provider Obligations: Key responsibilities and commitments of the IT service provider
7. Client Obligations: Responsibilities and commitments of the client, including provision of access and information
8. Service Levels: Performance metrics, service quality standards, and measurement criteria
9. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
10. Data Protection and Privacy: Compliance with Data Privacy Act and data handling requirements
11. Intellectual Property Rights: Ownership and usage rights of software, systems, and deliverables
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Termination: Conditions for contract termination, notice periods, and consequences
15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
16. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments
1. Change Management: Procedures for requesting and implementing changes to services or specifications
2. Business Continuity and Disaster Recovery: Include when services are critical to client operations
3. Security Requirements: Detailed security protocols and requirements, essential for handling sensitive data
4. Staff and Subcontractors: Rules regarding personnel changes and use of subcontractors
5. Knowledge Transfer: Requirements for training and knowledge sharing, important for complex systems
6. Exit Management: Detailed transition procedures upon contract termination
7. Insurance: Specific insurance requirements beyond standard coverage
8. Service Credits: Financial penalties for failing to meet service levels
9. Audit Rights: Client's rights to audit service provider's operations and compliance
1. Schedule A - Service Specifications: Detailed technical specifications of all IT services to be provided
2. Schedule B - Service Level Agreement (SLA): Detailed performance metrics, response times, and service standards
3. Schedule C - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Schedule D - Data Processing Agreement: Specific terms for handling personal and sensitive data
5. Schedule E - Technical Requirements: Client's technical environment and compatibility requirements
6. Schedule F - Support and Maintenance Services: Details of ongoing support and maintenance obligations
7. Schedule G - Implementation Plan: Timeline and milestones for service implementation
8. Schedule H - Security Protocols: Detailed security measures and compliance requirements
9. Appendix 1 - Contact Details: Key personnel and escalation contacts for both parties
10. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Finance
Healthcare
E-commerce
Telecommunications
Business Process Outsourcing
Manufacturing
Retail
Education
Government and Public Sector
Insurance
Real Estate
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Finance
Information Security
Vendor Management
Project Management
Corporate Governance
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
Operations Manager
Technology Manager
Service Delivery Manager
Vendor Management Specialist
Risk Manager
Corporate Secretary
Chief Financial Officer
Business Unit Head
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