New Hampshire design service contract template

New Hampshire Design Services Contract

This New Hampshire Design Services Contract is made and entered into as of this [Date], by and between:

[Design Service Provider Full Legal Name], a [Business Entity Type] with its principal place of business at [Design Service Provider Address], phone number [Design Service Provider Phone Number], and email address [Design Service Provider Email Address] (hereinafter referred to as "Provider"),

and

[Client Full Legal Name], a [Business Entity Type] with its principal place of business at [Client Address], phone number [Client Phone Number], and email address [Client Email Address] (hereinafter referred to as "Client").

1. Project Background:

The Client desires to engage the Provider to provide design services related to [Brief Description of Project Context for NH Business Environment].

2. Scope of Services:

The Provider shall provide the following design services: [Detailed Description of Design Services e.g., graphic design, architectural, interior, industrial, or web design] including but not limited to:

• Preliminary Consultation
• Conceptual Design
• Schematic Development
• Revisions
• Final Delivery
• Optional Post-Completion Services

3. Deliverables:

The Provider shall deliver the following materials to the Client: [List of Deliverables]. These deliverables shall meet the following specifications: [Specific Formats, Dimensions, Media, Software Versions, Physical or Digital Submission Criteria]. The deliverables will comply with [Statutory Code Compliance e.g., Relevant Professional Licensing for Architects or Engineers per New Hampshire RSA 310-A if applicable]. The Client is responsible for providing the following materials: [Branding Assets, Reference Materials, Site Surveys, Zoning Info for Architectural/Interior Design].

4. Project Timeline:

The project shall adhere to the following timeline:

• Phase 1: [Phase Name] - Completion Date: [Date]
• Phase 2: [Phase Name] - Completion Date: [Date]
• Final Delivery: [Date]

Design review meetings will be held on [List of Dates/Schedule]. Client feedback is required within [Number] days of each review. If municipal or state permits are needed, the process will follow this timeline [Timeline].

5. Design Intent and Standards:

The design will adhere to the following intent and standards: [Specific Design Intent and Standards, Referencing Industry Codes e.g., AIA Standards for Architecture, if applicable to NH, or ADA compliance for public projects].

6. Location of Services & Travel Policy:

The services will be performed [Remote, Client Site, or Third-Party Premises]. If services are performed at the Client's site or other location, the address is [Address].

• Option A: Travel within [Location] will be reimbursed at [Rate] per mile. This reimbursement rate is consistent with NH state guidelines.
• Option B: No travel expenses will be reimbursed.

7. Fees and Payment:

The total fee for the services is [Total Fee].

• Option A: Fixed Fee.
• Option B: Hourly Rate of [Rate] per hour.
• Option C: Retainer of [Amount] per month.
• Option D: Milestone-Based Payments: [List of Milestones and Corresponding Payments].

Invoices will be submitted [Frequency, e.g., monthly]. Late payments will accrue interest at a rate of [Interest Rate] per month, in accordance with New Hampshire RSA 358:A.

[Specify sales or use tax applicability per New Hampshire Department of Revenue Administration guidelines (noting that most design services are not subject to NH sales tax, but watch for federal tax nexus impacts)]

8. Intellectual Property:

Ownership of the intellectual property created during this project shall transfer to the Client upon full payment.

• Option A: The Provider retains the right to display the work in their portfolio, subject to client confidentiality.
• Option B: The Provider relinquishes all rights to display the work.

9. Client Approval:

Client approval is required at each stage of the project. Approval will be obtained through written sign-off. If the Client does not respond within [Number] days, the Provider may proceed with the next stage.

10. Revisions:

The project includes [Number] revisions. Additional revisions will be billed at [Rate] per hour.

• The process for requesting modification is as follows: [Detailed procedure for requesting changes/modifications].

11. Liability Insurance:

The Provider maintains professional liability/errors & omissions insurance with coverage of [Amount]. A certificate of insurance can be provided upon request.

12. Compliance with New Hampshire Law:

Both parties agree to comply with all applicable New Hampshire consumer protection laws (NH RSA 358-A). The Provider's license number is [License Number] if applicable.

13. Warranty:

The Provider warrants that the services will be performed in a professional and workmanlike manner for a period of [Number] days after project completion. This warranty covers [Coverage for Errors/Defects]. This warranty does not cover [Exclusions].

• The process for reporting defects and requesting correction is as follows: [Detailed Defect Correction Process].

14. Termination:

This contract may be terminated:

• For Cause: By either party upon material breach by the other party, including non-payment, failure to cooperate, or unlicensed practice (if applicable), with [Number] days written notice.
• For Convenience: By either party with [Number] days written notice. In the event of termination for convenience, the Client shall pay the Provider for all work completed up to the date of termination.

15. Limitation of Liability:

The Provider's liability shall be limited to the total fee paid by the Client for the services.

16. Confidentiality:

Both parties agree to keep the terms of this agreement and any confidential information received from the other party confidential.

17. Delay and Force Majeure:

Neither party shall be liable for any delay or failure to perform its obligations under this agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, or other natural disaster, or government orders. Communication requirements related to adverse events affecting New Hampshire will follow this protocol [Communication Protocol].

18. Client Data and Archiving:

The Provider will manage client data and archive project files in accordance with industry standards and New Hampshire recordkeeping expectations.

19. Assignment:

This agreement may not be assigned by either party without the written consent of the other party. Subcontracting will be managed as follows [Detailed rules on subcontracting].

20. Dispute Resolution:

Any disputes arising out of or relating to this agreement shall be resolved through:

• Escalation Pathway: Negotiation, Mediation, Arbitration or Litigation.
• Governing Law: New Hampshire law shall govern this agreement.
• Venue: Any legal action shall be brought in a state or federal court within New Hampshire.

21. Representations and Warranties:

The Provider represents and warrants that they are qualified, licensed (if applicable), and have the authority to enter into this agreement.

22. Non-Solicitation:

[Include non-solicitation or non-compete where appropriate, ensuring compliance with New Hampshire law.]

23. Regulatory Compliance:

This agreement is subject to all applicable New Hampshire statutes and regulations.

24. Notice:

All notices shall be in writing and sent by [Method, e.g., certified mail or recognized courier] to the addresses listed above. Notice is deemed received [Deemed Receipt Time].

25. Entire Agreement:

This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

26. Severability:

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

27. Amendment:

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

28. Waiver:

No waiver of any provision of this agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

IN WITNESS WHEREOF, the parties have executed this New Hampshire Design Services Contract as of the date first written above.

[Design Service Provider Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Client Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]