Common use of ICT Services Clause in Contracts

ICT Services. (a) The Service Provider must provide the State and each Agency with such ICT Services: (1) to the extent applicable, as specified in this Agreement and a Product Agreement; and (2) otherwise, as reasonably required to enable the State and each Agency to receive the Services in the manner specified in this Agreement and a Product Agreement. (b) The Service Provider warrants and represents that the ICT Services will: (1) comply with the Requirements / Specifications and other provisions of this Agreement and a Product Agreement; (2) be free from Defects; (3) be fit for the purposes for which the ICT Services are to be used by the State or an Agency; and (4) operate so that the State / Agency Data can be migrated in CSV format and other commonly used formats to other replacement systems with minimal data conversion and migration effort, and so that the State or an Agency can transfer to a replacement system and replacement supplies. (c) The Service Provider must ensure that the Services and ICT Services are compatible with and operate effectively with the State’s and Agencies’ ICT systems. (d) The Service Provider must provide support and maintenance services for ICT Services. Included within the support and maintenance services, the Service Provider must: (1) provide helpdesk or self-service services for dealing with (and must promptly respond to and resolve) queries, incidents and Defects raised by the State or an Agency; (2) enhance ICT Services including to ensure they remain current and the Service Provider must make available any new release, version or upgrade to the ICT Services and any implementation of any new release, version or upgrade must occur in a planned and timely manner; and (3) remedy incidents and Defects with the ICT Services. (e) The Service Provider must not make any enhancements or modifications to any ICT Services which adversely affect the functionality, compatibility, performance, or ease of use of the ICT Services or will require the State or an Agency to make changes to its ICT systems or processes unless the State or the relevant Agency has agreed to that change in writing either as an Agreement Contract Change, PA Contract Change or an Operational / Technical Change. (f) The Service Provider must use its best endeavours to prevent any Disabling Code entering into or affecting the ICT Services or the State’s or an Agency’s ICT systems, must use up to date anti-virus software and ensure that the ICT Services have up to date security-related patches, fixes, versions and releases, and must not intentionally or negligently introduce any Disabling Code.

ICT Services. (a) The Service Provider must provide the State and each Agency with such ICT Services: (1) to the extent applicable, as specified in this Agreement and a Product Agreement; and (2) otherwise, as reasonably required to enable the State and each Agency to receive the Services in the manner specified in this Agreement and a Product Agreement. (b) The Service Provider warrants and represents that the ICT Services will: (1) comply with the Requirements / Specifications and other provisions of this Agreement and a Product Agreement; (2) be free from Defects; (3) be fit for the purposes for which the ICT Services are to be used by the State or an Agency; and (4) operate so that the State / Agency Data can be migrated in CSV format and other commonly used formats to other replacement systems with minimal data conversion and migration effort, and so that the State or an Agency can transfer to a replacement system and replacement supplies. (c) The Service Provider must ensure that the Services and ICT Services are compatible with and operate effectively with the State’s and Agencies’ ICT systems. (d) The Service Provider must provide support and maintenance services for ICT Services. Included within the support and maintenance services, the Service Provider must: (1) provide helpdesk or self-service services for dealing with (and must promptly respond to and resolve) queries, incidents and Defects raised by the State or an Agency; (2) enhance ICT Services including to ensure they remain current and the Service Provider must make available any new release, version or upgrade to the ICT Services and any implementation of any new release, version or upgrade must occur in a planned and timely manner; and (3) remedy incidents and Defects with the ICT Services. (e) The Service Provider must not make any enhancements or modifications to any ICT Services which adversely affect the functionality, compatibility, performance, or ease of use of the ICT Services or will require the State or an Agency to make material changes to its ICT systems or processes unless the State or the relevant Agency has agreed to that change in writing either as an Agreement Contract Change, PA Contract Change or an Operational / Technical Change, which agreement must not be unreasonably withheld or delayed where the enhancement or modification relates to changes in technology, security or Law and is being implemented for substantially all of the Service Provider’s other customers, and the Service Provider agrees to provide the State or Agency with reasonable assistance in implementing the enhancement or modification. Notwithstanding the previous sentence, the Service Provider may make modifications to any ICT Service without the agreement or approval of the State or Agency to the extent such modifications are necessary to prevent or mitigate against a critical or emergency security issue or system vulnerability, and the State and Agencies are kept informed of the issue or vulnerability and the response modification in accordance with the terms of this Agreement. (f) The Service Provider must use its best endeavours to prevent any Disabling Code entering into or affecting the ICT Services or the State’s or an Agency’s ICT systems, must use up to date anti-virus software and ensure that the ICT Services have up to date security-related patches, fixes, versions and releases, and must not intentionally or negligently introduce any Disabling Code.