IT Service Agreement

OpenLegal’s lawyers can prepare your IT Service Agreements. All our legal fees are provided as a fixed-fee quote before we commence any work so you can budget with ease.

An IT Service Agreement formalises in writing the way an IT service provider and their client will work together. It is important that it comprehensively covers all the details of that working arrangement. An IT Service Agreement will differ depending on whether you are providing software development, managed services, sysadmin, hosting, hardware etc. but they will all usually include:

• Scope of services
  Exactly what will be provided, how, when, with what materials etc.
  
• Timing
  Wether the services be provided according to a timeline, on a schedule, as needed, or ad hoc etc.
  
• Payment Terms
  How and when payment will be made, as well as for what.
  
• Exclusion
  Whether anything should specifically not be included as being covered by the agreement.
  
• Insurance
  Which party will be responsible for insurance. Liability should be explicitly limited in this section, for actions not covered by insurance.
  
• Intellectual Property (IP)
  Any information shared with the service provider should be protected under a clause addressing intellectual property. Patents, sensitive information, client lists etc. can all be explicitly referenced if relevant. Software developed for the client can either be licensed or assigned. 
  
• Termination for provider and recipient
  These clauses should define what action would be ground for termination, and the notice periods required for either party to end the agreement.
  
• Dispute resolution
  How conflict can be managed – usually specifying mediation rather than litigation through the courts.

Whether the services are being provided on an ongoing basis, or as a one-off, it is important to have all elements that have been agreed upon in writing, and signed by both parties before any work commences.

Complete the form or call us on 1300 337 997 for a fixed-fee quote for your IT Service Agreement.