Kansas design service contract template

Kansas Design Service Contract

This Kansas Design Service Contract (the “Agreement”) is made and entered into as of [Effective Date], by and between:

• [Service Provider Full Legal Name], located at [Service Provider Business Address], hereinafter referred to as “Provider,”

and

• [Client Full Legal Name], located at [Client Business Address], hereinafter referred to as “Client.”

1. Scope of Services

• The Provider agrees to provide the following design services to the Client: [Description of Design Services], including, but not limited to:
• Option A: Graphic Design (logos, brochures, marketing materials)
• Option B: Architectural Design (plans, elevations, specifications)
• Option C: Website Design (mockups, layouts, coding)
• Specifically, the project scope includes: [Detailed Project Scope].
• Deliverables: [List of Deliverables] (e.g., final artwork, CAD files, website).
• Design Objectives: [Detailed Design Objectives]
• The Client will provide the following materials and input: [List of Client Supplied Materials].
• Timeline for Client Cooperation: [Detailed Timeline for Client Cooperation].

2. Project Schedule

• The project will proceed according to the following schedule:
• Phase 1: [Phase 1 Description] – Deadline: [Date]
• Phase 2: [Phase 2 Description] – Deadline: [Date]
• Phase 3: [Phase 3 Description] – Deadline: [Date]
• Submission Protocol: [Details on how work will be submitted] (e.g., email, cloud storage).
• Final Delivery Format: [Format of Final Deliverables] (e.g., .jpg, .dwg, live website).

3. Collaboration Protocol

• Communication will occur via: [Communication Methods] (e.g., email, phone, project management software).
• Points of Contact:
• Provider: [Provider Contact Name], [Provider Contact Email], [Provider Contact Phone]
• Client: [Client Contact Name], [Client Contact Email], [Client Contact Phone]
• Response Timeframe: [Timeframe for Responding to Inquiries].
• Status Updates: [Frequency of Status Updates].

4. Review, Feedback, and Revision Process

• The Client shall have [Number] revision cycles.
• Timeline for Client Feedback: [Timeframe for Providing Feedback].
• Additional changes outside of the scope of the original agreement will be billed at [Hourly Rate] per hour.
• Out of Scope Changes: [Description of changes considered out of scope].

5. Work Location

• Option A: The Provider will work remotely.
• Option B: The Provider will work onsite at the Client's Kansas location.
• Option C: Other: [Specify Work Location].
• If travel is required, reimbursement will be according to Kansas state guidelines. [Specify Travel Policy].

6. Fees and Payment

• Option A: Fixed Project Pricing: The total fee for the services is [Dollar Amount].
• Option B: Hourly Rate: The Provider's hourly rate is [Dollar Amount].
• Option C: Retainer Arrangement: [Specify Retainer Details].
• Payment Schedule: [Detailed Payment Schedule] (e.g., 50% deposit, 50% upon completion).
• Late Payment Penalty: A late payment penalty of [Percentage]% per month will be assessed on overdue invoices.
• All fees are subject to applicable Kansas sales/use tax.
• Responsibility for Taxes: [Specify Responsible Party].
• Kansas Business Tax Exemption: [State if a Business Tax Exemption Certificate is required].

7. Intellectual Property Rights

• Option A: All copyright, moral rights, and other IP associated with the design deliverables shall transfer to the Client upon full payment.
• Option B: The Provider retains all copyright, moral rights, and other IP associated with the design deliverables. The Client is granted a limited license to use the deliverables for [Specify Permitted Use].
• Provider Portfolio: The Provider may include the work in their portfolio and use it for self-promotional purposes. [Specify Restrictions, if any].
• Third-Party Materials: [Specify Responsibility for Licensing Third-Party Materials] (e.g., fonts, stock images).
• Warranty: The Provider warrants that all materials used will not infringe any third-party rights under Kansas law.

8. Confidentiality and Nondisclosure

• Both parties agree to hold all business, creative, marketing, technical, and customer information exchanged in the course of this project as confidential.
• Confidentiality obligations will survive the completion or termination of this Agreement.
• Specifically considered Confidential Information includes: [List Specific Confidential Information].

9. Data Security and Privacy

• The Provider will handle all client and end-user data in accordance with Kansas state regulations and any applicable federal laws.
• Data Security Measures: [Detailed Description of Data Security Measures].

10. Professional Practice Standards

• Option A: (If applicable) The Provider is licensed by the Kansas Board of Technical Professions and will comply with all applicable rules and regulations. License Number: [License Number].
• The Provider will perform services consistent with best practices and the level of skill reasonably expected of professionals in Kansas.
• Compliance with all applicable local, state, and federal regulations.

11. Representations and Warranties

• The Client represents and warrants that they have the authority to enter into this Agreement.
• The Provider warrants that the work will be original and that the Provider has the right to assign the outlined IP interests.

12. Liability and Indemnification

• Each party's liability for non-conforming services or deliverables, delays, IP infringement, personal injury (if physical site visits are involved), and breaches of confidentiality shall be limited to [Dollar Amount or Specify Limitations], as permissible under Kansas law.
• Indemnification: [Specify Indemnification Terms].

13. Project Suspension, Delays, or Scope Changes

• In the event of force majeure, unforeseen events, or client-caused delays, the Provider will notify the Client as soon as reasonably possible.
• Remedy Options: [Specify Remedy Options] (e.g., revised schedule, additional fees).
• Notice Requirements: [Specify Notice Requirements].

14. Acceptance Procedure

• Project Completion Criteria: [Specify Criteria].
• Client Approval Period: [Number] days.
• Notification of Acceptance or Rejection: The Client shall notify the Provider of acceptance or rejection within the approval period.
• Remedies for Defects: [Specify Remedies].
• Delivery of Editable Source Files: [Specify Terms] (e.g., upon final payment).

15. Post-Completion Support or Maintenance

• Warranty Duration: [Duration].
• Warranty Terms: [Detailed Warranty Terms].
• Response Time for Repair/Modification Requests: [Timeframe].
• Billing Rates for Additional Services: [Hourly Rate or Specify Rates].

16. Contract Modifications

• Any modifications to this Agreement must be in writing and signed by both parties.

17. Termination

• Termination for Cause: Either party may terminate this Agreement for cause (breach, insolvency, failure to perform).
• Notice Period: [Number] days written notice.
• Termination for Convenience: The Client may terminate this Agreement for convenience.
• Notice Period: [Number] days written notice.
• Effect on Fee Payment: The Client will pay for work completed to date of termination.
• Return/Destruction of Confidential Information: [Specify Requirements].

18. Choice of Law and Jurisdiction

• This Agreement shall be governed by the laws of the State of Kansas.
• Any disputes arising under this Agreement shall be resolved in the appropriate courts of [County Name] County, Kansas.
• Option A: Negotiation. The parties agree to attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiation.
• Option B: Mediation. If the negotiation is unsuccessful, the parties agree to submit the dispute to mediation in Kansas, in accordance with Kansas law.
• Option C: Arbitration. If the negotiation and mediation are unsuccessful, the parties agree to submit the dispute to binding arbitration in Kansas, under the rules of the American Arbitration Association.

19. Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.

20. Counterparts and Electronic Signatures

• This Agreement may be executed in counterparts.
• Electronic signatures shall be valid and binding in accordance with the Kansas Uniform Electronic Transactions Act.

21. Compliance with Kansas Standards

• Option A: Compliance with Kansas Professional Ethics Standards. [If applicable].
• Option B: Subcontractor Disclosure. [If applicable, specify requirements].
• Option C: Insurance Requirements. The provider shall maintain adequate liability insurance in the amount of [Dollar Amount].
• Option D: Adherence to Local Ordinances. The provider will adhere to any relevant local or municipal ordinances affecting design services delivered in the state.

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

[Service Provider Full Legal Name]

By: [Service Provider Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]