Oklahoma service contract template

Oklahoma Service Contract

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

[Service Provider Name], a [Service Provider Entity Type, e.g., Oklahoma Corporation], with its principal place of business at [Service Provider Address], hereinafter referred to as "Provider," and

[Client Name], a [Client Entity Type, e.g., Individual/Oklahoma LLC], with its principal place of business at [Client Address], hereinafter referred to as "Client."

1.

Services

Option A: Scope of Services: Provider shall provide the following services to Client: [Detailed Description of Services]. The services will include, but are not limited to:

• [Task Detail 1]
• [Task Detail 2]

Option B: Service Deliverables: Provider shall deliver the following deliverables to Client: [List of Deliverables]. These deliverables must meet the following quality standards: [Quality Standards].

Option C: Milestones and Performance Criteria: The services will be completed according to the following milestones: [Milestone 1, Milestone 2, etc.]. Performance will be evaluated based on the following criteria: [Performance Criteria].

2.

Term

Option A: Fixed Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Days/Months/Years], expiring on [End Date].

Option B: Renewal: This Agreement shall automatically renew for successive terms of [Number] [Days/Months/Years], unless either party provides written notice of termination at least [Number] [Days/Months] prior to the end of the then-current term.

Option C: Ongoing: This Agreement shall continue until terminated as provided herein.

3.

Compensation

Option A: Hourly Rate: Client shall pay Provider at an hourly rate of [Dollar Amount] per hour.

Option B: Fixed Fee: Client shall pay Provider a fixed fee of [Dollar Amount] for the completion of the services.

Option C: Payment Schedule: Payments shall be made according to the following schedule: [Payment Schedule, e.g., 50% upon signing, 50% upon completion].

Option D: Invoicing: Provider shall submit invoices to Client on a [Frequency, e.g., Monthly] basis. Invoices are due within [Number] days of receipt.

Option E: Late Payment Fee: Late payments shall be subject to a late payment fee of [Percentage] per month.

Option F: Acceptable Payment Methods: Acceptable payment methods include: [List Payment Methods, e.g., Check, Wire Transfer, Credit Card].

4.

Client Obligations

Option A: Information Provision: Client shall provide Provider with all necessary information and materials required to perform the services.

Option B: Access: Client shall provide Provider with access to [Location/Systems] as reasonably required to perform the services.

Option C: Approvals: Client shall provide timely approvals as required by Provider.

Option D: Cooperation: Client shall cooperate with Provider in a timely and efficient manner.

5.

Provider Obligations

Option A: Industry Standards: Provider shall perform the services in accordance with industry standards.

Option B: Compliance with Law: Provider shall comply with all applicable federal and Oklahoma state laws and regulations.

Option C: Qualified Personnel: Provider shall use qualified personnel to perform the services.

Option D: Professional Performance: Provider shall perform the services in a professional and workmanlike manner.

6.

Intellectual Property

Option A: Ownership: Pre-existing intellectual property remains the property of its respective owner.

Option B: Work Product: Ownership of intellectual property created during the performance of this Agreement shall be owned by:

• Provider
• Client
• Jointly owned by Provider and Client

Option C: Licensing: [Specify Licensing Terms, if applicable].

7.

Confidentiality

Option A: Scope: All proprietary or sensitive information exchanged between the parties shall be considered confidential.

Option B: Duration: The confidentiality obligations shall survive the termination of this Agreement for a period of [Number] [Days/Months/Years].

Option C: Exceptions: The confidentiality obligations shall not apply to information that is:

• Publicly available
• Already known to the receiving party
• Independently developed by the receiving party

Option D: Return/Destruction: Upon termination of this Agreement, all confidential materials shall be:

• Returned to the disclosing party
• Destroyed by the receiving party

8.

Non-Disparagement, Non-Solicitation, and Non-Compete

Option A: Non-Disparagement: Neither party shall make disparaging remarks about the other party.

Option B: Non-Solicitation: During the term of this Agreement and for a period of [Number] [Days/Months/Years] thereafter, Client shall not solicit Provider's employees.

Option C: Non-Compete: (Note: Oklahoma law generally restricts non-compete agreements. Consult legal counsel). The following non-compete clause shall apply: [Specifics of Non-Compete Clause, including geographic scope and duration, carefully drafted to comply with Oklahoma law, if permissible]. Alternatively, the following option can be used: "No Non-Compete Clause Applicable."

9.

Termination

Option A: For Cause: Either party may terminate this Agreement for cause upon written notice to the other party if the other party breaches a material provision of this Agreement and fails to cure such breach within [Number] days of written notice.

Option B: Without Cause: Either party may terminate this Agreement without cause upon [Number] [Days/Months] written notice to the other party.

Option C: Mutual Consent: This Agreement may be terminated by mutual written consent of both parties.

Option D: Early Termination Fee: In the event of termination without cause by [Client/Provider], a [Dollar Amount] early termination fee shall be paid to [Provider/Client].

Option E: Return of Materials: Upon termination, each party shall return all materials belonging to the other party.

10.

Indemnification

Option A: General 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 related to its performance of this Agreement.

Option B: Carve-outs: The indemnification obligations shall not apply to claims arising from the gross negligence or willful misconduct of the indemnified party.

Option C: Insurance: Provider shall maintain [Type of Insurance, e.g., general liability] insurance with minimum coverage of [Dollar Amount].

11.

Representations and Warranties

Option A: Legal Authority: Each party represents and warrants that it has the legal authority to enter into this Agreement.

Option B: Absence of Conflicts: Each party represents and warrants that its performance of this Agreement will not conflict with any other agreement.

Option C: Compliance with Law: Each party represents and warrants that it will comply with all applicable laws and regulations.

12.

Dispute Resolution

Option A: Negotiation: The parties shall first attempt to resolve any dispute through good faith negotiation.

Option B: Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation in [City, Oklahoma].

Option C: Arbitration: Any dispute that cannot be resolved through negotiation or mediation shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

Option D: Litigation: In the event that arbitration is not agreed upon, the exclusive venue for any litigation arising out of this agreement shall be the state and federal courts located in [County Name] County, Oklahoma.

Option E: Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma.

13.

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, or natural disasters.

14.

Assignment

Option A: Assignment Allowed: Either party may assign this Agreement with the written consent of the other party.

Option B: Assignment Prohibited: Neither party may assign this Agreement without the written consent of the other party.

15.

Severability

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

16.

Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

17.

Entire Agreement

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

18.

Amendment

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

19.

Compliance with Laws

Option A: Include: Provider shall comply with all applicable federal and Oklahoma labor, tax, safety, and licensing regulations.

Option B: Exclude: Provider shall not be subject to specific federal and Oklahoma labor, tax, safety, and licensing regulations under this agreement.

20.

Data Security/Privacy

If Provider will be handling personal or sensitive data, the following clause applies: [Detailed Data Security and Privacy Clauses, outlining compliance with applicable regulations and protection of data]. If not applicable, state: "Not Applicable."

21.

Insurance

Provider shall maintain the following insurance coverage:

• General Liability Insurance: [Dollar Amount]
• Professional Liability Insurance: [Dollar Amount]

Provider shall provide Client with proof of insurance upon request.

22.

Notices

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 overnight courier to the addresses set forth above.

23.

Oklahoma Uniform Contract Formation and Interpretation

This Agreement is governed by the principles of contract formation and interpretation as articulated in Oklahoma jurisprudence, including but not limited to the requirement of mutual assent, offer, acceptance, and consideration.

24.

Choice of Law and Venue

Option A: Oklahoma Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, and any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in [County Name] County, Oklahoma.

Option B: Alternative Venue: This Agreement shall be governed by and construed in accordance with the laws of [State Name], and any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in [County Name], [State Name].

25.

Statutory Disclosures

Option A: Include Additional Disclosures: Provider shall comply with all applicable statutory disclosures required under Oklahoma law for the type of services provided under this agreement. [List Specific Disclosures and Statutory References, e.g., Oklahoma Home Improvement Act].

Option B: No Additional Disclosures Required: No additional statutory disclosures are required for the services provided under this agreement.

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

____________________________

[Service Provider Name]

[Service Provider Title]

Date: [Date]

____________________________

[Client Name]

[Client Title]

Date: [Date]

(Optional: Notary Acknowledgment - Include if required for enforceability under Oklahoma law for specific types of services.)

State of Oklahoma, County of [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned, a Notary Public in and for said State, personally appeared [Service Provider Name] and [Client Name], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

____________________________

Notary Public

My Commission Expires: [Date]

(Seal, if required)