The IT Services Contract serves as a foundational document for establishing professional IT service relationships under German law. It is specifically designed for scenarios where an IT service provider delivers technical services, maintenance, support, or digital solutions to a customer organization. The contract addresses critical aspects such as service delivery, performance metrics, data protection, and compliance with German and EU regulations. This document type is essential when engaging external IT expertise, implementing digital transformation initiatives, or establishing ongoing technical support arrangements. The IT Services Contract incorporates necessary provisions from the German Civil Code (BGB), Federal Data Protection Act (BDSG), and IT Security Law, while ensuring practical commercial terms for both parties. It's particularly relevant in today's digital business environment where companies increasingly rely on external IT expertise and services.
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1. Parties: Identification of the contracting parties with full legal names, addresses, and registration details as required under German law
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Defined terms used throughout the agreement, including technical terms specific to IT services
4. Scope of Services: Detailed description of IT services to be provided, including core deliverables and service levels
5. Term and Termination: Contract duration, renewal terms, and termination provisions including notice periods
6. Service Provider Obligations: Key responsibilities and commitments of the service provider, including quality standards and personnel requirements
7. Customer Obligations: Customer's responsibilities, including provision of necessary information and access
8. Fees and Payment Terms: Pricing structure, payment schedule, invoicing process, and late payment consequences
9. Data Protection and Security: GDPR and BDSG compliance measures, data processing terms, and IT security requirements
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability provisions compliant with German law and indemnification obligations
13. Force Majeure: Circumstances excusing performance and related procedures
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Change Management: Procedures for requesting and implementing changes to services - include when services are likely to evolve
2. Service Levels and Credits: Detailed SLA terms and compensation for breach - include for mission-critical services
3. Disaster Recovery: Business continuity and disaster recovery procedures - include for critical systems or data-intensive services
4. Exit Management: Transition assistance and handover procedures - include for complex or business-critical services
5. Subcontractors: Terms for appointment and management of subcontractors - include when subcontracting is anticipated
6. Insurance: Specific insurance requirements - include for high-risk or high-value services
7. Personnel and Key Staff: Requirements for specific personnel or roles - include when specific expertise is crucial
8. Compliance with Industry Standards: Specific industry certifications or standards - include for regulated industries
9. Source Code Escrow: Source code deposit and release conditions - include for custom software development
1. Service Description: Detailed technical specifications and scope of each service component
2. Service Levels: Quantitative and qualitative service level metrics and measurement methods
3. Pricing and Payment Schedule: Detailed fee structure, rates, and payment milestones
4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures
5. Technical Requirements: Customer's technical environment and compatibility requirements
6. Security Requirements: Detailed IT security protocols and compliance requirements
7. Contact Details and Escalation Procedure: Key contacts and communication protocols for both parties
8. Accepted Testing Procedures: Acceptance criteria and testing procedures for deliverables
9. Form of Change Order: Template for documenting and approving changes to services
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