Nevada design service contract template

Nevada Design Service Contract

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

• [Service Provider Legal Name], a [Business Entity Type, e.g., Nevada LLC], with its principal place of business at [Service Provider Address] (“Service Provider”), and
• [Client Legal Name], a [Business Entity Type, e.g., Nevada Corporation], with its principal place of business at [Client Address] (“Client”).

1. Scope of Services

• Option A: Service Provider shall provide the following design services to Client: [Detailed description of design services, e.g., website design, logo creation, marketing collateral design, etc.]
• Option B: The scope of services is further described in Exhibit A, attached hereto and incorporated herein by reference.
• Needs Assessment: Prior to commencing design work, Service Provider will conduct a needs assessment to clarify project requirements.
• Deliverables: The final deliverables will include: [List of tangible deliverables, e.g., digital files (PSD, AI, JPEG), printed materials, mock-ups, etc.]

2. Client Responsibilities

• Option A: Client shall provide all necessary information, content, and approvals required for the Service Provider to perform the services, including but not limited to: [List of required client-supplied materials, e.g., brand guidelines, logos, images, text, etc.].
• Option B: Client must respond to Service Provider's requests for feedback and approval within [Number] business days.
• Failure to provide required information within the specified timeframe may result in delays in the project timeline.
• All client-provided materials must comply with applicable copyright laws and regulations.

3. Location of Service Performance

• Option A: Services will be performed remotely.
• Option B: Services will be performed on-site at the Client's Nevada location.
  • On-site Location: [Specific Location within Nevada, if applicable]
  • Service Provider may be reimbursed for reasonable travel expenses incurred in connection with on-site services, as pre-approved by Client in writing.
• Option C: Services will be performed using a hybrid approach, with some tasks performed remotely and others on-site.

4. Project Timeline and Change Orders

• Option A: The project timeline is as follows: [Detailed timeline with milestones and delivery dates].
  • Milestone 1: [Milestone Description], Due Date: [Date]
  • Milestone 2: [Milestone Description], Due Date: [Date]
  • Final Delivery: [Description], Due Date: [Date]
• Option B: All requests for changes to the scope of services must be submitted in writing and approved by both parties.
  • Change orders will be subject to additional fees and may affect the project timeline.
  • Service Provider will provide a written estimate of the costs and timeline impact of any proposed change order.

5. Fees and Payment

• Option A: The total fee for the services is [Dollar Amount], payable as follows:
  • Deposit: [Dollar Amount or Percentage], due upon signing of this Agreement.
  • Interim Payment(s): [Dollar Amount or Percentage], due upon completion of [Milestone Description].
  • Final Payment: [Dollar Amount or Percentage], due upon final delivery and acceptance of the deliverables.
• Option B: The hourly rate for services is [Dollar Amount] per hour. Service Provider will provide invoices to Client on a [Frequency, e.g., monthly] basis.
• Option C: A retainer fee of [Dollar Amount] per [Frequency, e.g., month] will be paid in advance. Hours worked will be deducted from the retainer.
• All invoices are due and payable within [Number] days of receipt.
• Late payments will be subject to a late payment fee of [Percentage] per month, or the maximum rate permitted by Nevada law (NRS 99.040), whichever is lower.
• Client is responsible for any applicable Nevada sales tax.

6. Refund and Cancellation Policy

• Option A: In the event of cancellation by Client, the deposit is non-refundable.
• Option B: If Client cancels this Agreement after work has commenced, Client shall be responsible for paying for all services performed up to the date of cancellation, calculated at the hourly rate or based on the percentage of completion of the project.
• Service Provider reserves the right to terminate this Agreement if Client fails to make timely payments or breaches any other material term of this Agreement.

7. Intellectual Property

• Option A: Upon full payment, all rights, title, and interest in and to the final design deliverables, excluding any pre-existing intellectual property of Service Provider, shall be transferred to Client.
• Option B: Service Provider retains ownership of all pre-existing intellectual property, including but not limited to design concepts, templates, and tools.
• Service Provider retains the right to use the design deliverables in its portfolio and for promotional purposes.
• Client is responsible for obtaining all necessary licenses for third-party assets, such as fonts and stock images.
• Client acknowledges that Nevada law governs copyright and related rights.

8. Confidentiality

• Option A: Both parties agree to hold confidential all non-public information disclosed by the other party in connection with this Agreement.
• Option B: This obligation of confidentiality shall survive the termination of this Agreement for a period of [Number] years.
• The confidentiality obligation does not apply to information that is publicly available or required to be disclosed by law.

9. Data Privacy

• Option A: Service Provider will comply with all applicable Nevada data privacy laws, including NRS 603A, in the handling of any personal information collected or accessed during the project.
• Option B: Service Provider will implement reasonable security measures to protect the confidentiality and integrity of Client's data.
• Upon completion of the project, Service Provider will, at Client's option, either return or securely destroy all Client data.

10. Quality Assurance and Acceptance

• Option A: Client shall have [Number] days to review and approve the deliverables.
• Option B: Client may request up to [Number] rounds of revisions.
• Any changes beyond the included revision rounds will be considered out-of-scope and subject to additional fees.
• Failure to provide feedback within the specified timeframe shall be deemed acceptance of the deliverables.

11. Warranty

• Option A: Service Provider warrants that the design deliverables will be free from material defects in workmanship for a period of [Number] days from the date of delivery.
• Option B: This warranty does not cover defects resulting from client modifications, misuse, or third-party interference.
• Client must notify Service Provider of any defects within the warranty period.
• Service Provider's sole obligation under this warranty is to correct any defects at its own expense.

12. Late Delivery and Non-Performance

• Option A: In the event of late delivery or failure to provide deliverables meeting the contract requirements, Service Provider's liability shall be limited to [Specific Remedy, e.g., a refund of a portion of the fees].
• Option B: Liquidated damages are not applicable to this Agreement.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, government regulation, or natural disaster.

The affected party shall notify the other party of the force majeure event as soon as reasonably practicable.

14. Indemnification

Each party shall indemnify and hold harmless the other party from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with its breach of this Agreement or its negligence or willful misconduct.

Client shall indemnify Service Provider against any third-party claims of intellectual property infringement arising out of Client's use of the design deliverables, where such infringement is based on materials supplied by Client.

15. Termination

• Option A: Either party may terminate this Agreement for cause upon written notice if the other party breaches a material term of this Agreement.
• Option B: Client may terminate this Agreement for convenience upon [Number] days written notice.
• Upon termination, Client shall pay Service Provider for all services performed up to the date of termination.
• Upon termination, all intellectual property rights shall be transferred as specified in Section 7.

16. Insurance

Service Provider shall maintain professional liability (errors and omissions) insurance with a minimum coverage of [Dollar Amount].

17. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada.

Any dispute arising out of or in connection with this Agreement shall be resolved by [Method of Dispute Resolution, e.g., arbitration, mediation] in [City, Nevada].

Notices related to dispute resolution shall comply with NRS 38.221.

18. Consumer Protections

[Include any necessary Nevada-specific consumer protection disclosures or right-to-cancel provisions if Client qualifies as a consumer.]

19. Licensing Requirements

[Include a statement regarding compliance with Nevada licensing requirements if the design services are in a regulated field.]

20. Exhibits

• Exhibit A: [Description of Exhibit A, e.g., Project Proposal]
• Exhibit B: [Description of Exhibit B, e.g., Fee Breakdown]

21. Amendments

This Agreement may be amended only by a written instrument signed by both parties.

Electronic signatures are acceptable under NRS Chapter 719.

22. Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

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

23. Client Review and Approval

Client shall have [Number] business days to review and approve each milestone or final deliverable. Failure to provide feedback within this timeframe shall be deemed acceptance.

24. Recordkeeping and Document Retention

[Include any requirements for recordkeeping and document retention in accordance with Nevada law.]

25. Representations and Warranties

Service Provider represents and warrants that the design deliverables will be original and will not infringe upon the intellectual property rights of any third party.

26. Conflicts of Interest

[Include any necessary disclosures of conflicts of interest or relationships that may affect impartiality.]

27. Notice

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email to the addresses set forth above.

Acceptance of notice via email is permitted.

28. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

29. Severability

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

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

[Service Provider Legal Name]

By: [Service Provider Name]

Title: [Service Provider Title]

[Client Legal Name]

By: [Client Name]

Title: [Client Title]