This Service Agreement (“Agreement”) is entered into on this [Effective Date] by and between:
- [Employer’s Name], located at [Employer’s Address] (“Employer”),
and - [Service Provider’s Name], located at [Service Provider’s Address] (“Service Provider”).
Together, they may be referred to as “Parties” or individually as “Party.”
1. Services to Be Provided
The Service Provider agrees to perform the following services for the Employer:
- [Describe services to be provided]
The services (“Services”) will be performed at [Location] or as mutually agreed between the Parties.
2. Term of Agreement
This Agreement shall begin on [Start Date] and shall continue until:
- Completion of the Services, or
- Termination by either Party as outlined in this Agreement.
3. Payment Terms
The Employer agrees to pay the Service Provider as follows:
- Rate: [Hourly, Project-based, or Retainer Fee]
- Payment Schedule: Payments will be made on a [weekly/monthly] basis, or upon the completion of milestones as follows:
- Milestone 1: [Describe Milestone] – [Payment Amount]
- Milestone 2: [Describe Milestone] – [Payment Amount]
Invoices should be submitted to the Employer at [Email/Address] no later than [Due Date].
4. Expenses
The Employer will reimburse any pre-approved expenses incurred by the Service Provider during the course of performing the Services. Any expense over [Amount] must be pre-approved by the Employer in writing.
5. Confidentiality
Both Parties acknowledge that during the term of this Agreement, they may have access to confidential and proprietary information. Both Parties agree not to disclose any confidential information, except as necessary to perform the Services or as required by law.
6. Intellectual Property
Any work product or intellectual property created by the Service Provider during the performance of the Services shall be the property of the Employer. The Service Provider agrees to assign all rights, title, and interest to the Employer.
7. Independent Contractor Status
The Service Provider is acting as an independent contractor and not as an employee of the Employer. As an independent contractor, the Service Provider is responsible for their own insurance, taxes, and other statutory obligations.
8. Termination
This Agreement may be terminated by either Party upon [Number of Days] written notice to the other Party, with or without cause. In the event of termination:
- The Employer will pay the Service Provider for any Services rendered up to the date of termination.
- The Service Provider must return any Employer property and deliver any outstanding work product.
9. Non-Compete and Non-Solicitation
For a period of [Number of Months] following the termination of this Agreement, the Service Provider agrees not to:
- Solicit the Employer’s clients or employees for similar services.
- Perform similar services for any direct competitors of the Employer.
10. Dispute Resolution
Any disputes arising out of this Agreement shall be resolved through [Mediation/Arbitration] in accordance with the rules of [Jurisdiction]. If the Parties are unable to resolve their dispute through mediation, the matter shall be referred to binding arbitration in [City, State].
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
12. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the Services and supersedes all prior written or oral agreements. Any amendments to this Agreement must be made in writing and signed by both Parties.