Connecticut design service contract template

Connecticut Design Service Contract

This Design Service Contract ("Agreement") is made and entered into as of this [Date of Execution], by and between:

[Client Legal Name], residing/with a principal place of business at [Client Mailing Address], hereinafter referred to as "Client,"

and [Design Service Provider Legal Name], residing/with a principal place of business at [Design Service Provider Mailing Address], hereinafter referred to as "Designer."

Client Contact Information:

Phone: [Client Phone Number]

Email: [Client Email Address]

Designer Contact Information:

Phone: [Designer Phone Number]

Email: [Designer Email Address]

1. Scope of Services

The Designer agrees to provide the following design services to the Client:

Option A: Detailed Description of Services: [Detailed Description of Design Services]

Option B: Summary of Services with Attachment: A summary of the services is attached as [Attachment Name/Number] and incorporated herein by reference.

Details in Attachment: Detailed specifications, tasks, project phases, consultation process, research obligations, conceptualization work, prototype/mockup development, iterations, material selections, and final deliverables with measurable standards, technical specifications, and visual or functional requirements.

2. Project Milestones and Acceptance

The project will adhere to the following milestones and acceptance criteria:

Option A: Milestone Table: See attached [Attachment Name/Number] for detailed milestone deadlines.

Acceptance Criteria: Acceptance will be based on the following criteria: [Specific Measurable Acceptance Criteria]

Option B: List of Milestones:

Milestone 1: [Milestone 1 Description] - Due Date: [Date]

Milestone 2: [Milestone 2 Description] - Due Date: [Date]

Milestone 3: [Milestone 3 Description] - Due Date: [Date]

3. Client Responsibilities

The Client shall be responsible for providing the following materials and information to the Designer:

Option A: List of Materials:

[Material 1] - Due Date: [Date]

[Material 2] - Due Date: [Date]

Option B: Description of Information Required: The client is to provide all information necessary for the timely completion of this project. The client understands delays caused by their failure to supply necessary information will impact the project's deadlines.

4. Collaboration and Communication

Communication between the Designer and Client will be conducted as follows:

Option A: Meeting Frequency: Meetings will be held [Frequency of Meetings] at [Location of Meetings].

Option B: Communication Method: Communication will primarily be via [Preferred Communication Method, e.g., email, phone]. Client response to feedback is to be within [Timeframe for Client Feedback] hours.

Escalation Procedures: Escalation procedures for unresponsive parties include: [List Escalation Procedures].

5. Work Location

The Designer will perform the services at:

Option A: Remote: The Designer will perform the services remotely.

Option B: Client Site: The Designer will perform the services at the Client's site located at [Client Address].

Travel and Expenses: Travel expenses will be reimbursed according to [Description of Reimbursement Policy].

6. Fees and Payment

The Client shall pay the Designer the following fees:

Option A: Fixed Price: A fixed price of [Dollar Amount] for the entire project, payable as follows:

Deposit: [Dollar Amount] deposit upon execution of this Agreement.

Milestone Payments: [Payment Schedule Based on Milestones]

Option B: Hourly Rate: An hourly rate of [Dollar Amount] per hour.

Estimated Hours: The estimated total hours for the project are [Number of Hours].

Invoicing: Invoices will be submitted [Frequency of Invoicing].

7. Intellectual Property

Ownership of Intellectual Property:

Option A: Transfer Upon Payment: Upon full payment, all rights, title, and interest in the design, including copyrights, shall transfer to the Client.

Option B: Designer Retains Rights: The Designer retains the right to display the design in their portfolio.

Portfolio Usage: Designer may use the completed work for self-promotional purposes.

Moral Rights Waiver: To the extent permitted by law, the Client waives all moral rights.

8. Confidentiality

The Designer agrees to keep all Client information confidential:

Option A: Standard Confidentiality: The Designer will maintain the confidentiality of all Client information, including trade secrets and proprietary information.

Option B: Detailed Confidentiality Agreement: The terms of the Confidentiality Agreement attached as [Attachment Name/Number] are incorporated herein by reference.

Duration of Confidentiality: Confidentiality obligations will survive termination of this agreement for [Number] years.

9. Connecticut Regulations and Ethical Obligations

Licensed Design Professions:

Option A: Standard Compliance: The Designer will comply with all applicable Connecticut regulations and ethical obligations.

Option B: Specific Compliance Details: [Specific Regulations and Obligations Relevant to the Service]

10. Quality Assurance

The Designer warrants that the services will be performed in a professional and workmanlike manner:

Option A: Standard Warranty: The Designer warrants the services for a period of [Number] days from the date of acceptance.

Option B: Detailed Warranty: The Designer provides a warranty against defects in workmanship for [Number] days, excluding issues arising from misuse or third-party interference.

11. Delays and Non-Performance

In the event of delays or non-performance:

Option A: Force Majeure: Neither party shall be liable for delays caused by force majeure events.

Option B: Change Orders: Any changes to the scope of services must be documented in a written change order signed by both parties.

12. Termination

This Agreement may be terminated as follows:

Option A: For Cause: Either party may terminate this Agreement for cause upon [Number] days' written notice.

Option B: For Convenience: The Client may terminate this Agreement for convenience upon [Number] days' written notice.

Obligations Upon Termination: Upon termination, the Client shall pay the Designer for all services performed up to the date of termination.

13. Liability and Indemnification

Each party shall indemnify and hold harmless the other party from and against any and all claims, damages, and expenses:

Option A: Standard Indemnification: To the extent caused by their negligence or willful misconduct.

Option B: Limited Liability: The Designer's liability shall be limited to the amount of fees paid by the Client.

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

Option A: Negotiation and Mediation: First, through good faith negotiations, and if unsuccessful, through mediation in Connecticut.

Option B: Binding Arbitration: Through binding arbitration in Connecticut, in accordance with the rules of the American Arbitration Association.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. The venue for any legal action shall be in [Judicial District in Connecticut]

16. Compliance with Connecticut Law

Data Privacy and Cybersecurity: The Designer will comply with Connecticut’s data privacy and cybersecurity requirements (e.g., Connecticut General Statutes § 42-471 for data breach).

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

18. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Assignment

Neither party may assign this Agreement without the prior written consent of the other party.

20. Risk of Loss

Risk of loss for physical design samples or media shall be borne by [Party Bearing Risk of Loss].

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

[Design Service Provider Legal Name]

By: [Designer Signature]

Name: [Designer Printed Name]

Title: [Designer Title]