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IT support terms and conditions (premium)

IT support can cover a range of different services. This terms and conditions template has been designed to cover the following: (i) general support in relation to software; (ii) general support in relation to hardware; (iii) assistance with set-up, installation and configuration; (iv) the supply of hardware; and (v) the supply of third party software.

As the premium version of our IT support services terms and conditions, there is a lot of flexibility built in to this document. The following optional provisions are included in this document, but not in the shorter versions: licence audit, party representatives, contract management, publicity, data processing, premises access, customer computer system requirements and non-solicitation of personnel.

The provisions of the terms and conditions relating to personal data have been updated to reflect the requirements of the General Data Protection Regulation.

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IT support terms and conditions (premium) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term.
  3. Support Services: IT support services provision; standard of support services; support services in accordance with SLA; suspension of support services.
  4. Product supply: obligation to supply products; products to be delivered; products to be collected; passage of title to products; products held by bailee; obligations during title retention; recovery of products where title retained; action for charges notwithstanding title retention; first party product warranties; customer rights on breach of product warranty.
  5. Third Party Software supply: obligation to supply third party software; third party software to be supplied in executable format; supply of third party software licence; third part software licensing responsibility; third party software rights and obligations in licence; compliance with third party software licence terms; third party software licence privity.
  6. Licence audit: right to audit licences; notice of audit; cooperation in relation to audit; costs of licence audit; limits on audit right.
  7. Customer
    obligations:
    general second party obligations; access to computer systems.
  8. Customer
    Premises
    :
    obligations of second party in relation to premises; compliance with policies at premises; securing means of access to premises.
  9. Customer
    Systems
    :
    compliance of second party computer systems.
  10. No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
  11. Representatives: instructions given by first party representatives; instructions given by second party representatives.
  12. Management: management meetings; notice to be given when requesting management meeting; attendance of representatives at management meetings.
  13. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  14. Expenses: obligation to reimburse expenses; collection of evidence of expenses; supply of evidence of expenses.
  15. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
  16. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
  17. Confidentiality obligations: first party confidentiality undertaking; second party confidentiality undertaking; disclosure of confidential information to certain persons; exceptions to confidentiality obligations; disclosures of confidential information mandated by law etc; parties to stop using confidential information upon termination; parties to return or destroy confidential information following termination; confidentiality obligations after termination.
  18. Publicity: limited public disclosures; limited public disclosures by first party; limited public disclosures by second party; confidentiality obligations overriding.
  19. Data protection: compliance with data protection laws; warranty of
    Customer
    's right to disclose personal data (GDPR); details of personal data and purposes of processing by 
    the Provider
     (GDPR); duration of personal data processing by
    Provider
    (GDPR); personal data processed by
    Provider
    on instructions (GDPR); personal data processed by
    Provider
    as required by law (GDPR); confidentiality obligations on
    Provider
     persons processing personal data (GDPR); security of personal data processed by 
    Provider
     (GDPR); appointment of sub-processor by
    Provider
    (GDPR);
    Provider
     to assist with exercise of data subject rights (GDPR);
    Provider
     to assist with compliance (GDPR);
    Provider
     to provide information (GDPR); deletion of personal data by 
    Provider
     (GDPR);
    Provider
     to allow audit (GDPR); changes to data protection law.
  20. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  21. Indemnities: indemnity upon breach: any provision or specified provisions (with definition); conditions upon first party indemnity; indemnity upon breach: any provision or specified provisions (with definition); conditions upon second party indemnity; limitations of liability vs indemnities.
  22. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
  23. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  24. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  25. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  26. Non-solicitation of personnel: non-solicitation of employees by second party; non-solicitation of employees by first party.
  27. Notices: contractual notices must be in writing; methods of sending contractual notices to first party; methods of sending contractual notices to second party; substitute contact details for notices; acknowledgement of notice by email; deemed receipt of contractual notices.
  28. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  29. Assignment: assignment by first party; assignment by second party.
  30. No waivers: no unwritten waivers of breach; no continuing waiver.
  31. Severability: severability of whole; severability of parts.
  32. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  33. Variation: variation in writing and signed.
  34. Entire agreement: entire agreement: documents; no mispresentation; section subject to caveats to limits of liablity.
  35. Law and jurisdiction: governing law; jurisdiction.
  36. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (SUPPORT SLA)

  1. Introduction: introduction to support SLA.
  2. Helpdesk: helpdesk obligation; purpose of support services helpdesk; access to helpdesk; times of helpdesk availability; all requests for support to go through helpdesk.
  3. Response and resolution: IT support issue categorisation; allocation of support issue severity categories; support response times; contents of response to support request; support resolution times.
  4. Provision of Support Services: IT support services to be provided remotely where practicable.
  5. Limitations on Support Services: excessive use of support services; misuse of hardware or software and support services.

SCHEDULE 2 (DATA PROCESSING INFORMATION)

  1. Categories of data subject: prompt for categories of data subject.
  2. Types of Personal Data: prompt for types of personal data.
  3. Purposes of processing: prompt for personal data processing purposes.
  4. Security measures for Personal Data: prompt for security measures for personal data.
  5. Sub-processors of Personal Data: prompt for identifying sub-processors of personal data.

STATEMENT OF WORK

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