North Carolina consulting service contract template

North Carolina Consulting Services Contract

This North Carolina Consulting Services Contract (the "Agreement") is made and entered into as of [Date], by and between:

[Consultant Full Legal Name], whose principal place of business is located at [Consultant Address], and whose entity status is [Consultant Entity Status, e.g., Individual, LLC, Corporation] (the "Consultant"). Consultant's contact information is [Consultant Phone Number] and [Consultant Email Address]. If applicable, Consultant's registered agent is [Registered Agent Name], located at [Registered Agent Address].

[Client Full Legal Name], whose principal place of business is located at [Client Address], and whose entity status is [Client Entity Status, e.g., Individual, LLC, Corporation] (the "Client"). Client's contact information is [Client Phone Number] and [Client Email Address]. If applicable, Client's registered agent is [Registered Agent Name], located at [Registered Agent Address].

1. Scope of Services

Option A: The Consultant shall provide the following services to the Client: [Detailed Description of Services]. This includes the following deliverables: [List of Deliverables], and aims to achieve the following targeted outcomes: [List of Targeted Outcomes]. The service methodologies to be employed are: [Description of Service Methodologies]. The project phases are: [List of Project Phases]. If relevant, compliance with North Carolina industry regulations such as [Specific NC Industry Regulation, e.g., N.C. Gen Stat § 58-70 for financial services] will be maintained.

Option B: The Consultant shall provide the services as detailed in Exhibit A attached hereto.

2. Timeline and Milestones

Option A: The services shall be performed according to the following timeline: [Detailed Timeline]. Key performance milestones are: [List of Milestones with Dates]. Acceptance criteria for each milestone are: [Detailed Acceptance Criteria], consistent with North Carolina business standards or industry best practices.

Option B: The services shall commence on [Start Date] and continue until [End Date].

3. Location of Services

Option A: Services will be rendered [On-site at Client's NC Location].

Option B: Services will be rendered [Remotely].

Option C: Services will be rendered in a [Hybrid Model, Describe Percentage of On-site vs. Remote]. If travel is required, the following travel policies apply: [Detailed Travel Policies]. Reimbursement procedures will comply with North Carolina Department of Revenue tax rules.

4. Client Responsibilities

The Client shall provide the following information, data, or materials to the Consultant: [List of Required Materials]. These materials shall be provided by [Date]. The approval mechanism for these materials is: [Description of Approval Mechanism].

5. Fees and Payment

Option A: Fixed Fee: The Client shall pay the Consultant a fixed fee of [Dollar Amount] for the services. Payment shall be made according to the following schedule: [Payment Schedule].

Option B: Hourly Rate: The Client shall pay the Consultant an hourly rate of [Dollar Amount]. The Consultant shall submit invoices [Frequency of Invoicing, e.g., Monthly].

Option C: Retainer: The Client shall pay the Consultant a retainer of [Dollar Amount] per [Time Period, e.g., Month].

Overdue payments shall be subject to a late fee of [Percentage] per month. If applicable, North Carolina sales/use tax requirements shall be applied according to N.C. Dept. of Revenue guidelines.

6. Intellectual Property

Option A: All deliverables and work product developed during the consulting engagement shall be the property of the [Consultant/Client].

Option B: Intellectual property shall be jointly owned.

Option C: Upon full payment, ownership of all deliverables and work product shall transfer to the Client, consistent with North Carolina trade secret law (N.C. Gen Stat § 66-152 et seq.).

7. Confidentiality

Both parties shall protect confidential information in accordance with North Carolina's Uniform Trade Secrets Act. Non-disclosure duties shall survive contract termination.

8. Data Privacy and Cybersecurity

If personal information of North Carolina residents is involved, both parties shall comply with N.C. Gen Stat § 75-65 regarding data breach notification obligations.

9. Limitations of Liability and Indemnification

Limitations of liability and indemnification shall be governed by prevailing North Carolina contract law, excluding indemnity for intentional misconduct or gross negligence consistent with state public policy.

10. Compliance with Professional Licensing Rules

If consulting in regulated sectors, both parties shall verify and adhere to relevant North Carolina licensing board requirements.

11. Client Cooperation

The Client shall provide timely feedback and access to employees or records. The Client designates [Client Representative Name] as the key representative, with contact details: [Client Representative Phone Number] and [Client Representative Email Address].

12. Revisions and Change Orders

Procedures for revision requests, change orders, or scope adjustments, including documentation requirements and impacts on fees, shall be followed, referencing the North Carolina Fair Contracting statute if public contracts are involved.

13. Records Retention and Audit

If the consulting services fall under state-funded or regulated activities, adherence to North Carolina statutory periods for records retention and audit shall be maintained.

14. Force Majeure

Force majeure includes events common in North Carolina (e.g., hurricanes). Procedures for suspension or extension of performance shall be followed.

15. Dispute Resolution

Disputes shall be resolved through good faith negotiation followed by North Carolina-based mediation or arbitration per N.C. law. North Carolina state courts shall have exclusive jurisdiction and venue. This Agreement shall be governed by North Carolina law.

16. Termination

Grounds for immediate termination (material breach, bankruptcy, regulatory violation) and advance written notice requirements shall be followed. Calculation of owed compensation, post-termination cooperation, and survival of post-termination obligations such as confidentiality shall apply.

17. Non-Solicitation/Non-Compete

Any non-solicitation or non-compete clause shall be tailored to North Carolina law, ensuring geographic and temporal scope meet North Carolina’s reasonableness standards (N.C. Gen Stat § 75-4).

18. Insurance Requirements

Both parties shall maintain insurance (e.g., professional liability, general liability), citing North Carolina insurance carrier standards.

19. Compliance with Laws

Both parties shall comply with North Carolina and federal anti-discrimination, employment, and independent contractor classification rules, including requirements under N.C. Gen Stat § 143-48.4 for certain businesses.

20. Amendments

All modifications must be in writing and signed by both parties.

21. Entire Agreement

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

22. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

23. 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 Agreement as of the date first written above.

[Consultant Full Legal Name]

By: [Signature]

[Printed Name]

[Title]

Date: [Date]

[Client Full Legal Name]

By: [Signature]

[Printed Name]

[Title]

Date: [Date]

Notary Acknowledgment (If Required)

State of North Carolina

County of [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned, a Notary Public in and for said County and State, personally appeared [Consultant Name] and [Client Name], personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument.

[Notary Signature]

[Notary Printed Name]

My commission expires: [Date]

(Seal)