Nebraska design service contract template

Nebraska Design Service Contract

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

[Client Full Legal Name], residing at [Client Mailing Address], with phone number [Client Phone Number] and email address [Client Email Address] (the “Client”),

and

[Design Service Provider Full Legal Name], residing at [Provider Mailing Address], with phone number [Provider Phone Number] and email address [Provider Email Address] (the “Provider”).

1. Scope of Work

• Project Type:
  • Option A: Graphic Design
  • Option B: Interior Design
  • Option C: Architectural Design (Note: Compliance with Nebraska Engineers and Architects Regulation Act required; Nebraska License Number: [Provider Nebraska Architecture License Number])
  • Option D: Web Design
  • Option E: Other Design: [Specify Other Design Type]
• Required Deliverables:
  • Option A: Drawings
  • Option B: Blueprints
  • Option C: Digital Files: [Specify File Formats]
  • Option D: Mockups
  • Option E: Print Materials: [Specify Print Material Details]
  • Option F: Other: [Specify Other Deliverables]
• Nebraska-Specific Requirements: [Describe any specific Nebraska requirements, including any local building code or permit references for design projects impacting structures, if applicable]

2. Project Phases and Milestones

• Project Phases:
  • Concept Development
  • Revision Rounds: [Number of Revision Rounds]
  • Draft Review
  • Final Submission
• Submission Format:
  • Option A: Digital: [Specify Digital Format]
  • Option B: Print
  • Option C: CAD: [Specify CAD Software and Version]
• Nebraska-Specific Standards: [Specify any Nebraska-specific standards or file format preferences, particularly for state government/public projects]
• Project Timeline:
  • Start Date: [Start Date]
  • Interim Checkpoints: [List of Checkpoints with Dates]
  • Client Approval Requirements at Each Stage: [Describe client approval requirements]
  • Final Delivery Deadline: [Final Delivery Deadline]

3. Licensing and Compliance

• Provider confirms they are properly licensed to perform the design services in Nebraska, if such licensing is required.
  • Option A: Provider is licensed. Nebraska License Number: [Provider Nebraska License Number].
  • Option B: No specific Nebraska license is required for these services.

4. Client Responsibilities

• Client shall provide timely access to relevant property, existing plans, materials, and information.
• Client shall provide prompt feedback within [Number] business days of each submission.
• Nebraska Practice for Client Cooperation: [Detail other Client responsibilities specific to the project and Nebraska standards]

5. Service Location and Travel

• Service Location:
  • Option A: Remotely
  • Option B: On Client Site: [Client Address]
  • Option C: Third-Party Location: [Third-Party Location Address]
• Travel and Lodging:
  • Option A: No travel or lodging costs will be billed.
  • Option B: Travel and lodging costs will be billed. Reimbursement Policy: [Detailed Reimbursement Policy consistent with prevailing rates in Nebraska]

6. Fees and Payment

• Fee Structure:
  • Option A: Fixed Fee: [Fixed Fee Amount]
  • Option B: Hourly Rate: [Hourly Rate]
  • Option C: Milestone Payments: [List of Milestones and Corresponding Payments]
• Nebraska Sales/Use Tax: [State whether sales/use tax is included or excluded]
  • Option A: Included
  • Option B: Excluded. Client responsible for paying applicable taxes.
• Invoicing:
  • Option A: Postal Delivery
  • Option B: Digital Delivery
• Payment Deadlines: Payments are due within [Number] days of invoice date, tailored to Nebraska’s prompt payment statutes.
• Late Payment Penalties: A late payment penalty of [Percentage]% per month will be applied to overdue invoices, as allowed by Nebraska law.

7. Intellectual Property and Ownership

• Copyright and Design Rights:
  • Option A: All copyrights and design rights are transferred to the Client upon final payment.
  • Option B: Provider retains copyright; Client receives a non-exclusive license to use the designs for [Specific Purpose].
  • Option C: Provider retains copyright; Client receives an exclusive license to use the designs for [Specific Purpose].
• Provider's Right to Display Work: Provider retains the right to display the work in their portfolio.
  • Option A: Yes
  • Option B: No, without prior written consent from the Client.
• Nebraska Legal Obligations: [Specify Nebraska legal obligations regarding the use of third-party content or pre-existing work]

8. Confidentiality and Nondisclosure

• Compliance with Nebraska Uniform Trade Secrets Act.
• Confidential Information: [Define Confidential Information]
• Duration: This confidentiality obligation shall continue for [Number] years after termination of this Agreement.

9. Warranty and Quality Assurance

• Warranty Period: [Number] days from the date of final delivery.
• Free Correction Period: [Number] days from the date of final delivery.
• Defect Reporting Protocol: [Describe defect reporting protocol]
• Limits on Liability: Liability for consequential damages is excluded to the maximum extent permitted by Nebraska law.
• Damages Due to Client Misuse: Provider is not liable for damages due to client misuse of the deliverables.
• Minimum Standards: [Specify any minimum standards for digital/software deliverables based on Nebraska’s business practices]

10. Change Order Procedures

• All scope changes require written approval.
• Pricing for additional services: [Describe how additional services will be priced]
• Timeline Adjustments: Timelines will be adjusted accordingly.
• Compliance with Local Business Norms: [Specify compliance with local Nebraska business norms for change orders]

11. Force Majeure

• Definition of Force Majeure: [Define Force Majeure consistent with Nebraska law]
• Notification and Documentation: [Describe notification and documentation requirements]

12. Termination

• Termination for Cause: With [Number] days written notice and opportunity to cure.
• Termination for Convenience: With [Number] days written notice.
• Termination by Mutual Consent: By written agreement.
• Final Invoicing and Transfer of Incomplete Work: [Describe procedures for final invoicing and transfer of incomplete work]

13. Breach and Remedies

• Specific Damages or Penalties: [Specify damages or penalties allowed in Nebraska]
• Notice-and-Cure Period: [Number] days for non-performance or late payment.
• Indemnification: Indemnification for breaches involving licensing or compliance failures in Nebraska.

14. Indemnity and Insurance

• Indemnity: [Describe Indemnification obligations]
• Insurance Requirements:
  • Option A: Provider shall maintain professional liability insurance in the amount of [Dollar Amount].
  • Option B: Insurance not required.

15. Governing Law and Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.
• Dispute Resolution:
  • Negotiation
  • Mediation
  • Arbitration/Litigation: In the appropriate state or federal courts in Nebraska.

16. Representations and Warranties

• Provider represents and warrants that they are properly registered to do business in Nebraska and have obtained all necessary design licenses required by the state.

17. Data Protection and Privacy

• Compliance with Nebraska’s data security and privacy requirements for personal or client data. [Specify detailed requirements and protections.]

18. Standard Contract Clauses

• Severability
• Assignment: [Specify assignment restrictions]
• Entire Agreement
• Amendment in Writing
• Notice Provisions: [Specify acceptable delivery methods and effective dates per Nebraska law]

19. Special Local Practices

• [Describe any special local practices, such as prevailing wage/union requirements if working on public projects, reference to local vendors for printing or implementation, and region-specific standards or codes that may impact the work.]

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

____________________________
[Client Full Legal Name]

____________________________
[Design Service Provider Full Legal Name]