New Hampshire service contract template

New Hampshire Service Contract

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

• [Service Provider Name], located at [Service Provider Address], with contact number [Service Provider Phone] and email address [Service Provider Email] ("Service Provider"), and
• [Client Name], located at [Client Address], with contact number [Client Phone] and email address [Client Email] ("Client").

1. Scope of Services

• Service Description: The Service Provider agrees to provide the following services to the Client: [Detailed Description of Services]. This includes, but is not limited to: [List of specific tasks].
• Services Excluded: The following services are explicitly excluded from this Agreement: [List of Excluded Services].
• Service Delivery Standards: The Service Provider shall perform the services with the level of skill and care ordinarily exercised by qualified professionals in the field and in compliance with industry standards.
• Deliverables: The Service Provider shall deliver the following deliverables to the Client: [List of Deliverables].
• Milestones: The services will be performed according to the following milestones: [List of Milestones with associated dates].
• Deadlines: All services shall be completed by [Completion Date].
• Service Type:
  • Option A: One-Time Service.
  • Option B: Recurring Service (frequency: [Frequency, e.g., weekly, monthly]).
  • Option C: Ongoing Service.
• Service Location:
  • Option A: Services will be performed at [Service Location Address].
  • Option B: Services will be performed remotely.
  • Option C: Services will be performed at various locations as reasonably required by the Client.

2. Term and Termination

• Term: This Agreement shall commence on [Start Date] and shall continue:
  • Option A: For a fixed term of [Number] [Days/Weeks/Months/Years], expiring on [End Date].
  • Option B: Until the completion of the services described in Section 1.
  • Option C: On an ongoing basis until terminated as provided herein.
• Renewal:
  • Option A: This Agreement shall automatically renew for successive terms of [Number] [Days/Weeks/Months/Years], unless either party provides written notice of termination at least [Number] [Days/Weeks/Months] prior to the end of the then-current term.
  • Option B: This Agreement shall not automatically renew.
• Termination for Cause: Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches this Agreement and fails to cure such breach within [Number] [Days] after receiving written notice of such breach. Examples of material breach include, but are not limited to, failure to pay, failure to perform services, or insolvency.
• Termination for Convenience:
  • Option A: The Client may terminate this Agreement at any time for any reason upon [Number] [Days/Weeks/Months] written notice to the Service Provider.
  • Option B: The Service Provider may terminate this Agreement at any time for any reason upon [Number] [Days/Weeks/Months] written notice to the Client.
• Automatic Termination: This Agreement shall automatically terminate upon the occurrence of the following event: [Describe the Event, e.g., death of the Service Provider].
• Obligations Upon Termination: Upon termination of this Agreement, the Service Provider shall:
  • Cease providing services.
  • Return all Client property.
  • Provide a final invoice for services rendered up to the date of termination.
  • Hand over all work in progress to the Client. The Client shall pay the Service Provider for all services performed and expenses incurred up to the date of termination.

3. Compensation

• Fee Structure: The Client shall compensate the Service Provider as follows:
  • Option A: Flat Fee: A total fee of [Dollar Amount].
  • Option B: Hourly Rate: An hourly rate of [Dollar Amount] per hour.
  • Option C: Milestone Payments: Payments shall be made upon completion of the milestones listed in Section 1, as follows: [List of Milestones and Corresponding Payments].
  • Option D: Retainer: A retainer fee of [Dollar Amount] per [Week/Month].
• Payment Schedule: Payments shall be made:
  • Option A: Upon completion of the services.
  • Option B: Monthly, on the [Day] of each month.
  • Option C: According to the milestone payment schedule in Section 1.
• Payment Method: Payments shall be made by [Payment Method, e.g., check, ACH transfer].
• Reimbursement of Expenses: 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 by the Client.
• Invoicing Procedures: The Service Provider shall submit invoices to the Client [Frequency, e.g., monthly] to [Client Contact/Department] at [Client Email/Address].
• Late Payment Penalty:
  • Option A: A late payment penalty of [Percentage]% per month will be charged on any overdue amount.
  • Option B: Interest will accrue on overdue amounts at the rate of [Percentage]% per annum, or the maximum rate permitted by New Hampshire law, whichever is lower.

4. Obligations and Responsibilities

• Service Provider Obligations: The Service Provider shall:
  • Perform the services in a timely and professional manner.
  • Comply with all applicable laws and regulations.
  • Maintain confidentiality.
  • Provide all necessary equipment and materials, unless otherwise agreed.
• Client Obligations: The Client shall:
  • Provide the Service Provider with all necessary information and resources.
  • Cooperate with the Service Provider in the performance of the services.
  • Pay the Service Provider in accordance with the terms of this Agreement.
• Subcontracting:
  • Option A: The Service Provider may subcontract portions of the services with the prior written consent of the Client.
  • Option B: The Service Provider may not subcontract any portion of the services.

5. Change Orders

Any changes to the scope of services, timeline, or compensation must be documented in a written change order signed by both parties. The change order shall specify the changes to the original Agreement and any adjustments to the compensation or schedule.

6. Intellectual Property

• Ownership of Intellectual Property: Intellectual property created during this contract will be:
  • Option A: Owned by the Client.
  • Option B: Retained by the Service Provider.
  • Option C: Subject to a licensing agreement between the parties, the terms of which are detailed in Exhibit A.
• Confidentiality: Both parties agree to hold each other's confidential information in confidence and not to disclose such information to any third party without the other party's written consent. This obligation shall survive termination of this Agreement.

7. Data Protection and Privacy

• Data Protection: The Service Provider shall comply with all applicable data protection laws, including, but not limited to, the New Hampshire Revised Statutes Annotated (RSA) 359-C:2, and any applicable federal laws.
• Privacy:
  • Option A: The Service Provider will collect and use the Client's personal information only for the purpose of providing the services under this Agreement.
  • Option B: The Service Provider will not collect any personal information from the Client.

8. Non-Compete and Non-Solicitation (Optional. Review enforceability under NH law)

• Non-Compete:
  • Option A: During the term of this Agreement and for a period of [Number] [Months/Years] after termination, the Service Provider shall not, directly or indirectly, engage in any business that competes with the Client's business within a [Number] mile radius of [Client's Business Location].
  • Option B: This Agreement does not contain a non-compete clause.
• Non-Solicitation:
  • Option A: During the term of this Agreement and for a period of [Number] [Months/Years] after termination, the Service Provider shall not solicit or attempt to solicit any of the Client's employees or customers.
  • Option B: This Agreement does not contain a non-solicitation clause.

9. Termination (See details in Section 2)

10. Indemnification and Limitation of Liability

• Indemnification: The Service Provider shall indemnify and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Service Provider's negligence or willful misconduct.
• Limitation of Liability:
  • Option A: In no event shall either party be liable to the other party for any indirect, incidental, consequential, or punitive damages.
  • Option B: The Service Provider's total liability under this Agreement shall be limited to the amount of fees paid by the Client to the Service Provider under this Agreement.

11. Warranty

• Warranty: The Service Provider warrants that the services will be performed in a professional and workmanlike manner.
• Warranty Period: The warranty period shall be [Number] [Days/Weeks/Months] from the date of completion of the services.
• Remedies: If the services do not conform to the warranty, the Service Provider shall, at its option, either re-perform the services or refund the fees paid by the Client for the non-conforming services.

12. Force Majeure

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 strikes.

13. Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.
• Venue:
  • Option A: Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County], New Hampshire.
  • Option B: The parties agree to submit any dispute arising out of or relating to this Agreement to binding arbitration in accordance with the rules of the American Arbitration Association.
• Dispute Resolution Methods:
  • Option A: The parties agree to attempt to resolve any disputes through good faith negotiation.
  • Option B: If negotiation fails, the parties agree to submit the dispute to mediation before resorting to litigation or arbitration.

14. Insurance

• Insurance: The Service Provider shall maintain the following insurance coverage:
  • Option A: General liability insurance with a minimum coverage of [Dollar Amount].
  • Option B: Professional liability insurance with a minimum coverage of [Dollar Amount].
  • Option C: Workers' compensation insurance as required by New Hampshire law.
• Proof of Coverage: The Service Provider shall provide the Client with proof of insurance coverage upon request.

15. Compliance with Laws

Compliance: Both parties shall comply with all applicable federal, state, and local laws and regulations, including, but not limited to, New Hampshire Revised Statutes Annotated (RSA) 358-D (Consumer Protection Act), and RSA 275 (Labor Laws).

16. Notices

Notices: All notices under this Agreement shall be in writing and shall be deemed to be given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier to the addresses set forth in the preamble of this Agreement.

• Option A: Notices may also be sent by email to the email addresses set forth in the preamble of this Agreement.

17. Amendments and Waiver

• Amendments: This Agreement may be amended only by a written instrument signed by both parties.
  • Option A: 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.

18. Assignment

• Assignment:
  • Option A: Neither party may assign this Agreement without the prior written consent of the other party.
  • Option B: The Service Provider may assign this Agreement to a subsidiary or affiliate without the Client's consent. The client may assign this agreement to a successor entity.

19. Entire Agreement, Severability, and Survivability

• 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.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Survivability: The provisions of this Agreement that by their nature should survive termination, including, but not limited to, confidentiality, indemnification, and limitation of liability, shall survive termination.

20. New Hampshire-Specific Considerations (Optional - Edit/Remove as Applicable)

• Consumer Protection: For consumer service contracts in New Hampshire, the Client may have certain statutory cancellation rights as provided under NH law (e.g., RSA 358-D for door-to-door sales). The service provider will adhere to all applicable disclosures and provide cancellation information to the client in compliance with applicable regulations.
• Disclosure Requirements: If the Service Provider is a contractor or performing home improvement services, they will comply with all disclosure requirements mandated by New Hampshire law, including providing written contracts exceeding \$2,000, license information (if applicable), and insurance details.

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

_______________________________

[Service Provider Name]

By: [Service Provider Authorized Representative Name]

Title: [Service Provider Title]

Date: [Date]

_______________________________

[Client Name]

By: [Client Authorized Representative Name]

Title: [Client Title]

Date: [Date]