The IT Services Contract is a crucial document used when engaging external IT service providers or establishing formal IT service relationships in Saudi Arabia. This contract type is essential for organizations seeking to formalize the delivery of IT services, whether for system implementation, maintenance, support, or ongoing managed services. It must comply with Saudi Arabian law, including the Electronic Transactions Law, Personal Data Protection Law, and Sharia principles. The document covers comprehensive service specifications, performance metrics, data protection measures, and risk allocation, while ensuring alignment with local regulatory requirements and business practices. It's particularly important in the context of Saudi Arabia's digital transformation initiatives and the growing emphasis on localizing IT services.
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1. Parties: Identification of the service provider and customer, including full legal names, commercial registration numbers, and authorized representatives
2. Background: Context of the agreement, including the customer's requirements and service provider's expertise
3. Definitions: Detailed definitions of technical terms, service-related concepts, and contract terminology
4. Scope of Services: Detailed description of IT services to be provided, including core deliverables and technical requirements
5. Service Provider Obligations: Key responsibilities and commitments of the service provider, including service levels and quality standards
6. Customer Obligations: Customer's responsibilities, including provision of access, information, and cooperation requirements
7. Term and Timeline: Duration of the agreement and key project milestones
8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements
9. Data Protection and Security: Obligations regarding data handling, security measures, and compliance with Saudi data protection laws
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP, including software and documentation
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Termination: Grounds for termination, notice requirements, and consequences of termination
15. Governing Law and Dispute Resolution: Application of Saudi law and dispute resolution mechanisms
1. Change Management: Procedures for requesting and implementing changes to services or specifications - include for complex or long-term projects
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical systems or services
3. Knowledge Transfer: Requirements for training and knowledge transfer - include when significant customer team involvement is needed
4. Personnel Requirements: Specific requirements for service provider's team, including qualifications and security clearance - include for sensitive projects
5. Third-Party Contracts: Management of subcontractors and third-party services - include when subcontracting is anticipated
6. Compliance with Industry Standards: Specific industry standards or certifications required - include for regulated industries
7. Performance Bonds: Requirements for performance guarantees or bonds - include for high-value contracts
8. Insurance: Specific insurance requirements - include for high-risk services
1. Service Level Agreement (SLA): Detailed service levels, performance metrics, and related penalties/remedies
2. Technical Specifications: Detailed technical requirements and specifications for the IT services
3. Pricing Schedule: Detailed breakdown of fees, rates, and payment milestones
4. Implementation Plan: Project timeline, milestones, and delivery schedule
5. Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Accepted Testing Procedures: Testing and acceptance criteria for deliverables
7. Personnel Schedule: Key personnel, roles, responsibilities, and qualifications
8. Data Processing Agreement: Detailed terms for handling personal data in compliance with Saudi law
9. Business Continuity Plan: Detailed procedures for ensuring service continuity
10. Exit Management Plan: Procedures and requirements for service transition upon contract termination
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Banking and Financial Services
Healthcare
Government and Public Sector
Telecommunications
Education
Manufacturing
Retail
Energy and Utilities
Professional Services
Transportation and Logistics
Real Estate and Construction
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk and Compliance
Operations
Finance
Project Management Office
Technical Architecture
Service Delivery
Relevant Roles
Chief Information Officer
IT Director
Procurement Manager
Legal Counsel
Information Security Officer
Project Manager
Contract Manager
Risk Manager
Compliance Officer
Technical Architecture Manager
Operations Manager
Service Delivery Manager
Technology Consultant
Vendor Manager
Business Analyst
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