Nebraska service contract template

Nebraska Service Contract

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

• [Service Provider Legal Name], a [Service Provider Entity Type, e.g., Corporation, LLC, Individual] with a business address at [Service Provider Address] and contact information [Service Provider Phone Number], [Service Provider Email Address], hereinafter referred to as "Service Provider,"
• and
• [Client Legal Name], a [Client Entity Type, e.g., Corporation, LLC, Individual] with a business address at [Client Address] and contact information [Client Phone Number], [Client Email Address], hereinafter referred to as "Client."

1. Scope of Services

The Service Provider shall provide the following services (the "Services") to the Client:

• Option A: [Detailed description of services, deliverables, and standards]
• Option B: The Services shall be performed at [Location of service performance].
  • On a [One-time / Recurring / Project] basis.
  • The Services shall be completed according to the following milestones: [List of Milestones and Deadlines]

2. Term and Duration

This Agreement shall commence on [Effective Date] and continue as follows:

• Option A: For a fixed term of [Number] months, expiring on [End Date].
• Option B: On an ongoing basis until terminated as provided herein.
  • Renewal: This Agreement shall automatically renew for successive [Number] month periods unless either party provides written notice of non-renewal at least [Number] days prior to the end of the then-current term.
• Option C: At-will, terminable by either party with [Number] days written notice.

3. Compensation

The Client shall compensate the Service Provider as follows:

• Option A: A fixed fee of [Dollar Amount].
• Option B: An hourly rate of [Dollar Amount] per hour.
• Option C: A retainer fee of [Dollar Amount] per month.
• Option D: Per deliverable rate based on the following: [list of deliverables and rates]
  • Expense Reimbursement: The Client shall reimburse the Service Provider for reasonable and necessary expenses incurred in connection with the performance of the Services, subject to prior written approval. [Specify maximum expense amount or approval process]
  • Payment Schedule: [e.g., Advance payment, Milestone payments, Upon completion].
  • Invoicing: The Service Provider shall submit invoices to the Client [Frequency of Invoices, e.g., monthly].
  • Late Payment Penalty: A late payment penalty of [Percentage] per month shall be assessed on any amounts not paid within [Number] days of the invoice date.
  • Taxes: The Service Provider is responsible for all applicable taxes.

4. Service Provider Obligations

The Service Provider shall:

• Perform the Services in a professional and workmanlike manner.
• Comply with all applicable laws and regulations in Nebraska.
• Provide all necessary equipment and personnel to perform the Services.
  • Performance Standards: The Services shall meet the following standards: [Detailed standards, KPIs, or SLAs]

5. Client Obligations

The Client shall:

• Provide the Service Provider with access to [Necessary access, information, or materials] needed to perform the Services.
• Cooperate with the Service Provider in a timely and efficient manner.
• Acceptance Criteria: The Client shall review and accept the Services within [Number] days of delivery.

6. Intellectual Property

Ownership of intellectual property created as a result of the service provision.

• Option A: The Service Provider shall retain all ownership rights in any work product created under this Agreement.
• Option B: All work product created under this Agreement shall be owned exclusively by the Client.
• Option C: [Define specific IP ownership terms, e.g., joint ownership, licenses]

7. Confidentiality

Confidentiality clause to protect sensitive information.

• Option A: Both parties agree to hold each other’s confidential information in strict confidence.
• Option B: Only the service provider is restricted in terms of confidentiality.
  • Exceptions: This obligation does not apply to information that is publicly available, already known, or required to be disclosed by law.
  • Duration: This obligation shall continue during the term of this Agreement and for [Number] years thereafter.

8. Non-Solicitation/Non-Competition

Restrictions on soliciting employees or competing with the client. (Note: Must be reasonable under Nebraska law in terms of scope, duration, and geography.)

• Option A: During the term of this Agreement and for [Number] years thereafter, the Service Provider shall not solicit the Client's employees.
• Option B: During the term of this Agreement and for [Number] years thereafter, within [Radius] miles of [City, Nebraska], the Service Provider shall not engage in [Description of restricted activities].
• Option C: The Service provider agrees not to circumvent or attempt to circumvent the client’s existing business relationship with other parties.

9. Modifications and Amendments

Any modification or amendment to this Agreement must be in writing and signed by both parties.

10. Representations and Warranties

Each party represents and warrants that it has the right, power, and authority to enter into this Agreement.

11. Indemnification

Liability of one party for losses incurred by the other party

• Option A: The Service Provider shall indemnify and hold harmless the Client from any claims arising from the Service Provider's negligence.
• Option B: Mutual indemnification: each party shall indemnify the other.
  • Notice: The indemnified party shall promptly notify the indemnifying party of any claim subject to indemnification.

12. Insurance

Type and amount of insurance coverages required

• Option A: The Service Provider shall maintain [Type of Insurance, e.g., General Liability] insurance with a minimum coverage of [Dollar Amount].
• Option B: There are no insurance requirements associated with this agreement.

13. Limitation of Liability

Restrictions on the amount and type of damages that can be recovered

• Option A: In no event shall either party be liable for consequential damages.
• Option B: The total liability of the Service Provider shall not exceed [Dollar Amount].

14. Termination

Terms under which the contract can be terminated

• Option A: Either party may terminate this Agreement for cause upon [Number] days written notice.
• Option B: The Client may terminate this Agreement without cause upon [Number] days written notice.
  • Obligations on Termination: Upon termination, the Service Provider shall return all Client property and shall be paid for all Services performed up to the date of termination.
  • Termination Fees: [Specify any termination fees or penalties]

15. Force Majeure

Unforeseeable circumstances that may prevent performance

• Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, war, or government regulation.
  • Notice: The affected party shall provide prompt notice to the other party of any force majeure event.

16. Dispute Resolution

Procedures for resolving disagreements

• Option A: Any dispute arising under this Agreement shall be resolved through mediation in [City, Nebraska].
• Option B: Any dispute arising under this Agreement shall be resolved through arbitration in [City, Nebraska], administered by [Administering Organization] in accordance with its rules.
• Option C: Any dispute arising under this Agreement shall be resolved in the state or federal courts of Nebraska. Nebraska law shall govern this Agreement.

17. Compliance with Laws

Both parties must abide by the laws of the state of Nebraska.

• The service provider must abide by all local and federal laws.

18. Workers' Compensation & Workplace Safety

• Workers’ compensation policy must be in place if the service provider has employees.
• Both parties agree to maintain a safe workplace environment.

19. Assignment and Subcontracting

Terms for transferring rights or obligations

• Option A: This Agreement may not be assigned by either party without the written consent of the other party.
• Option B: The Service Provider may subcontract portions of the Services with the Client's prior written approval.

20. Notices

Method of sending and receiving notifications

• All notices shall be in writing and sent to the addresses listed above.
  • Acceptable Modes: Notices may be sent by mail, email, or courier.
  • Effective Date: Notices shall be deemed effective upon receipt.

21. Severability

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

22. Entire Agreement

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

23. Survival

Certain provisions, including confidentiality and indemnification, shall survive the termination of this Agreement.

24. Execution

This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures shall be permitted.

25. Schedules, Exhibits, or Amendments

• Schedule A: [Description of Schedule A, if any]
• Exhibit B: [Description of Exhibit B, if any]

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

____________________________

[Service Provider Legal Name]

By: [Service Provider Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

____________________________

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]