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IT support terms and conditions (basic)

This is the short-form version of our IT support services terms and conditions document, which is designed to cover the supply of third party hardware and software in addition to the core IT support services.

This document is comparatively easy to use, but is not as flexible as the standard-form and long-form versions. A draft statement of work is included with the document. The terms and conditions should be attached to a completed statement of work, which can then be signed by the parties.

The document includes provisions designed to aid compliance with the GDPR (General Data Protection Regulation).

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IT support terms and conditions (basic) contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term.
  3. Support Services: IT support services provision; standard of support services; suspension of support services.
  4. Product supply: obligation to supply products; products to be delivered; products to be collected; passage of title to products.
  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. Customer
    obligations:
    general second party obligations; access to computer systems.
  7. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
  8. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
  9. 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.
  10. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  11. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; 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.
  12. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  13. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
  14. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  15. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.

SCHEDULE 1 (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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