Nebraska consulting service contract template

Nebraska Consulting Service Agreement

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

• [Consultant Legal Name], a [Consultant Entity Type] with its principal place of business at [Consultant Address] (“Consultant”), and
• [Client Legal Name], a [Client Entity Type] with its principal place of business at [Client Address] (“Client”).

1. Scope of Services:

• Option A: Consultant shall provide the following services to Client: [Detailed Description of Services]. This includes, but is not limited to: [Specific Tasks/Deliverables].
• Option B: The services to be provided are detailed in Exhibit A attached hereto.
• Project Goals: [Describe Project Goals].
• Measurable Milestones: [List Measurable Milestones with Deadlines].
• Performance Standards: [Specific Performance Completion Standards].

2. Client Responsibilities:

• Option A: Client shall provide the following materials, data, and access to Consultant: [List of Materials, Data, Access, Personnel].
• Option B: Client shall designate a project manager, [Project Manager Name], who will serve as the primary point of contact for Consultant.
• Duty to Report: Consultant shall report progress to Client at the following intervals: [Reporting Intervals - e.g., weekly, bi-weekly] in the format of [Report Format - e.g., written report, meeting].

3. Consultant Eligibility:

• Option A: Consultant represents and warrants that it possesses all necessary licenses, certifications, and qualifications required to perform the services under Nebraska law, including [Specific Licenses/Certifications - e.g., CPA license].
• Option B: Consultant shall maintain all required licenses and certifications throughout the term of this Agreement.

4. Location of Services:

• Option A: The principal place of performance shall be Nebraska.
• Option B: Services will be performed [On-site at Client's location / Virtually / Both].
• Travel: If on-site services require travel, Consultant shall be reimbursed for reasonable travel expenses, including mileage at the current Nebraska state mileage rate. Access arrangements are as follows: [Detailed description of access].

5. Compensation:

• Option A: Hourly Rate: Client shall pay Consultant at an hourly rate of [Hourly Rate].
• Option B: Project Fee: Client shall pay Consultant a fixed project fee of [Project Fee].
• Option C: Retainer: Client shall pay Consultant a monthly retainer fee of [Retainer Fee], plus hourly charges for work exceeding [Number] hours per month.
• Nebraska Sales Tax/Use Tax: [Specify whether sales/use tax applies and who is responsible for payment].
• Payment Schedule: Invoices shall be submitted [Invoice Frequency - e.g., monthly] and are due within [Number] days of receipt.
• Late Payment Penalty: Late payments shall accrue interest at a rate of [Interest Rate]% per month, or the maximum rate permitted by Nebraska law, whichever is lower.
• Retainer/Advance Payments: [Specify details about retainer and advance payments].

6. Intellectual Property:

• Option A: All intellectual property rights in any work product created by Consultant under this Agreement shall vest in Client upon full payment.
• Option B: Consultant shall retain ownership of pre-existing materials, but grants Client a non-exclusive license to use such materials in connection with the work product. Consultant retains the right to use work product for display purposes.
• Specify ownership of any software code that will be developed as a part of the service
• Specify ownership of any report or publication that will be developed as a part of the service

7. Confidentiality:

• Option A: Both parties agree to hold confidential all proprietary and sensitive information disclosed by the other party. This includes, but is not limited to, business plans, financial data, and client information.
• Option B: The obligations of confidentiality shall survive the termination of this Agreement. Reference to the Nebraska Uniform Trade Secrets Act.

8. Conflict of Interest:

• Option A: Consultant represents and warrants that it has no existing conflict of interest that would prevent it from fulfilling its obligations under this Agreement.
• Option B: Consultant shall promptly notify Client of any potential conflict of interest that may arise during the term of this Agreement.
• Non-Compete/Non-Solicitation: [Include only if applicable, with limitations compliant with Nebraska law - limited duration, scope, and geography].

9. Data Protection and Security:

• Option A: Consultant shall comply with all applicable Nebraska data breach notification laws and regulations regarding the safeguarding of personally identifiable or sensitive information.
• Option B: Consultant shall implement and maintain reasonable security measures to protect Client data from unauthorized access, use, or disclosure.

10. Quality Assurance:

• Option A: Client shall have [Number] days to review and accept the deliverables provided by Consultant.
• Option B: Client shall notify Consultant of any deficiencies within [Number] days of receipt of the deliverables. Consultant shall have the right to cure such deficiencies within [Number] days.

11. Project Changes and Delays:

• Any changes to the scope of services must be agreed to in writing by both parties.
• Unforeseen Costs: [Specify how unforeseen costs will be handled].
• Force Majeure: Neither party shall be liable for delays or failures in performance due to causes beyond its reasonable control, as recognized under Nebraska law.

12. Termination:

• Option A: Either party may terminate this Agreement for cause upon [Number] days written notice.
• Option B: Client may terminate this Agreement for convenience upon [Number] days written notice.
• Obligations Upon Termination: Upon termination, Consultant shall deliver all work product to Client and Client shall pay Consultant for all services rendered up to the date of termination.

13. Liability and Indemnification:

• Option A: Consultant shall indemnify and hold harmless Client from any and all claims, damages, and expenses arising out of Consultant's negligence or willful misconduct.
• Option B: In no event shall either party be liable for consequential damages to the fullest extent permitted under Nebraska law.

14. Insurance:

• Option A: Consultant shall maintain professional liability/errors and omissions insurance with a minimum coverage of [Amount].
• Option B: Consultant shall provide Client with proof of insurance upon request.

15. Representations and Warranties:

• Each party represents and warrants that it has the authority to enter into this Agreement and that it will comply with all applicable Nebraska and U.S. federal laws.
• Consultant warrants that all services will be performed in a professional and workmanlike manner.

16. Dispute Resolution:

• Any disputes arising out of or relating to this Agreement shall be resolved through good-faith negotiation. If negotiation fails, the parties agree to mediation or arbitration in Nebraska.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. Exclusive jurisdiction shall be in the state or federal courts located in Nebraska.

17. Compliance with Laws:

• Consultant shall comply with all applicable Nebraska statutes and regulations affecting consulting services, including the Nebraska Consumer Protection Act.

18. Independent Contractor Status:

• Consultant is an independent contractor and not an employee of Client. Client shall not be responsible for withholding taxes or providing benefits to Consultant.

19. Return of Property:

• Upon termination of this Agreement, Consultant shall promptly return or destroy all client property, materials, and intellectual property.

20. Entire Agreement; Amendment; Severability:

• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Any amendment to this Agreement must be in writing and signed by both parties.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, to the extent permitted under Nebraska law.

21. Signature:

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

____________________________
[Consultant Printed Name]
[Consultant Title (if applicable)]
Date: [Date]

____________________________
[Client Printed Name]
[Client Title (if applicable)]
Date: [Date]