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New IT Service Contract Templates

August 2013

IT forms an integral part of virtually every business, however not every business has the internal resources to manage its IT infrastructure. In many cases, therefore, external contractors will be engaged to provide IT support services. New to the Business document portfolio this month are two contract templates designed for use in the IT services sector.

New IT Service Agreement

Our all-new IT Service Agreement is designed for use with a broad range of different IT services. It has been drafted in such a way that the specific details that will be unique to each transaction are kept outside of the main body of the contract in a series of schedules.

The service provider under this contract is permitted to sub-contract some or all of its obligations. It is important to ensure that sub-contractors are engaged in such a way that is compatible with the “main contract”.

New IT Subcontractor Agreement

When dealing with IT services, it may often be the case that a service provider (or “main contractor” in this context) wishes to sub-contract all or part of the services they are contracted to provide.

This IT Sub-Contractor Agreement is designed for use by IT specialists working on a sub-contractor basis and has been designed to be sufficiently broad to cover a range of different types of work. The specific details which will be unique to each transaction should be provided in a series of schedules, outside the main body of the contract.

This document is designed for use alongside the new IT Service Agreement. The clauses in each are designed to mirror and/or complement each other. In particular, the IT Sub-Contractor Agreement includes a provision to the effect that it will not come into force until the main contract does and will terminate automatically in the event that the main contract is terminated (subject, of course, to the obligation to make reasonable payment for any work already completed by the sub-contractor).

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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