Section Two - Defining Your Scope of Services with the Client
This section is crucial as it outlines the expectations and responsibilities of both parties. We’ll dive into the detailed steps to ensure you have a comprehensive and clear agreement.
table of contents
1. Scope of Services
Will the end of the agreement be defined as when the Services are completed?
Will this Agreement conclude at the end of a project, or end of a set amount of time?
2. Contract Parties
3. Additional Service Options
4. Materials and Access Requirements
Will your client need to provide you with materials for, or access to, any accounts?
The client must provide access to accounts no later than date…
5. Deliverables and Third-Party Services
Before moving on to the next Section, would you like to add any of the following?
Events with more than number of guests will require the help of an assistant.
What will the additional expense to the client be if an assistant is needed?
A % retainer is required to initiate any contract with a third party on the Client's behalf
Is the Vendor required to provide time sheets on a regular basis?
6. Time Tracking Agreement
Scope of Services
Question: Will the end of the agreement be defined as when the Services are completed?
If the services conclude when a project is completed, specify that the agreement will end when that occurs. For example “until the Designer completes the website design." If your agreement with the client wraps up on a specific date, list that date.
Question: Will you be offering a consultation before the work begins?
A "pre work consultation" can be another way of saying a "meeting before the services begin". It is not necessary to include, but important to define that expectation at the outset, so that the client knows if they need to prep for a meeting before the services actually begin, and what that entails. This is a recommended addition.
If you selected “Yes” above, you will now see the following 3 questions:
Question: The consultation will be number of minutes…
Specify if the consultation will be in person or via zoom or other method (ie, "a 60 minute consultation via zoom").
Question: ...via method…
Such as Zoom, via phone call, etc.
Question: ...and will occur on what date
Question: Will this Agreement conclude at the end of a project, or end of a set amount of time?
If the work concludes once the Vendor has completed a certain amount of goods, or a defined package, they are being hired on a "project basis". If the Vendor is providing ongoing services throughout the course of a set amount of time, they are being hired on a "timeframe" basis. This is a recommended addition.
If you selected “Yes” above, you will now see the following question:
Question: Up to ________ number of hours
Service Provision Details
Question: The Vendor will provide the Client with very specific description of services.
This language should reflect the Vendor's proposal, or comparable document, and should provide a detailed summary of the byproduct of the Services the client will receive under this Agreement. For example, if the Vendor is providing fractional COO services, the Vendor shouldn't just state "COO Services"; instead, the Vendor should list out all deliverables the Client will receive. If these services are extensive, we recommend you list them out on an Exhibit A
IF YOU HAVE OVERLAPPING SERVICES (such as web design and graphic design), that's exactly what this platform was created for. Please provide a specific description of both services here, and we will walk you through the rest.
Additional Service Options
Question: Would you like to include…
This provides the Parties with the ability to add on additional services, not initially included in the Agreement, as the project unfolds. This includes Rush Work, and Work After Hours. This is a recommended addition.
If you selected “Additional Services” you will now see the following question:
Question: Will be charged at $ amount per hour.
If this project requires time in addition to the time contracted, what is your hourly rate for such work.
If you selected “Rush Work” you will now see the following question:
Question: You will charge $ amount per hour for rush work
How to Price: The agreement intentionally leaves the language broad, as certain types of requests may be true rush work, and others not. For example, a "rush work" task that takes 15 minutes likely shouldn't be charged the same amount as one that takes 4 hours. The language will read "If the Client requires a rushed completion date, what surcharge amount ($) will the Contractor apply? Please specify the amount to be added to the final invoice for any rush work, acknowledging that this may require the Contractor to forego or postpone other business."
If you selected “Work After Hours” you will now see the following 2 questions:
Question: Work outside normal business hours is considered to be __________.
List your hours of operation, such as 8:00AM CST to 9:00PM CST.
Question: Vendor will charge $ amount per work after hours.
Materials and Access Requirements
Question: Will your client need to provide you with materials for, or access to, any accounts?
Will the Client need to provide the Vendor with materials, such as logos, design files, etc, to complete the services, or access to accounts, such as a client management system, a calendaring system, google drive, in order to perform the services? This provision will also set forth when such materials or access must be provided, so that the Vendor is not hindered or delayed in starting the work.
If you selected “Materials” you will now see the following question:
Question: Which materials must the client provide?
The type of service being provided by the Vendor will determine the materials needed. For instance, if the service involves branding or design, the Client might need to provide logos or brand guidelines Clearly specifying what materials are needed from the Client helps in avoiding misunderstandings and delays. It ensures that the Vendor has everything they need to begin work promptly. By providing specific materials, the Client has more control over the look, feel, and alignment of the final product with their vision or brand identity. Specifying the required materials in the contract protects both parties. It sets clear expectations and responsibilities, reducing the risk of disputes over unmet needs or expectations. This provision is important for ensuring that the Vendor has all the necessary inputs from the Client to effectively carry out the contracted services.
If you selected “Accounts” you will now see the following 3 questions:
Question: List the accounts the Vendor will need to access:
Certain services might require the Vendor to access specific accounts. For example, a social media manager would need access to social media accounts, or a web developer might need access to hosting accounts. Providing timely access to necessary accounts ensures that the Vendor can begin and continue their work without unnecessary delays, leading to more efficient service delivery. By specifying the types of accounts and the manner of access in the contract, both parties can agree on secure methods of sharing access, thereby protecting sensitive information. Setting a clear deadline for when the accounts should be accessible to the Vendor helps in planning and scheduling the work, ensuring that project timelines are met. Including this provision is crucial for services that require the Vendor to interact with or manage the Client's digital assets or platforms. It helps in setting clear expectations and responsibilities, thereby facilitating a smooth and secure working relationship.
Question: The client must provide access to accounts no later than date…
Question: ...via method of delivery
Deliverables and Third-Party Services
Question: Before moving on to the next Section, would you like to add any of the following?
Deliverables
Will the Vendor be providing any sort of tangible work to the Client? For example, a completed "brand guide", or a printed album. If the Vendor is providing any sort of digital files, we recommend specifying the file type (such as JPEG, .ai, .eps), and clarify how the Client will be able to access the files. For example, will the Vendor be providing a dropbox link, or delivering via a specific secure link?
If the Vendor is providing tangible deliverables that would be mailed to the Client, specify the method of delivery, whether the product will be tracked, etc.
Third Party Vendor/Purchasing Services
Will the Vendor be permitted to purchase any goods or services on behalf of client, or engage outside vendors on behalf of the Client?
Option to Track Time
This provision is only recommended for non-event agreements (ie, agreements that are not entered into for the purpose of executing an event) or agreements that are performed on an hourly basis.
If you selected “Assistant” above, you will see the following 2 questions:
Question: Events with more than number of guests will require the help of an assistant.
Question: What will the additional expense to the client be if an assistant is needed?
List the amount per hour, per assistant (such as "$100 per hour per assistant").
If you selected “Deliverables” above, you will see the following 2 questions:
Question: Vendor will provide type of files...
Will the Vendor be providing any sort of tangible work to the Client? For example, a completed "brand guide", or a printed album. If the Vendor is providing any sort of digital files, we recommend specifying the file type (such as JPEG, .ai, .eps), and clarify how the Client will be able to access the files. For example, will the Vendor be providing a dropbox link, or delivering via a specific secure link?
If the Vendor is providing tangible deliverables that would be mailed to the Client, specify the method of delivery, whether the product will be tracked, etc.
Question: ...via type of delivery.
Will the Vendor be providing any sort of tangible work to the Client? For example, a completed "brand guide", or a printed album. If the Vendor is providing any sort of digital files, we recommend specifying the file type (such as JPEG, .ai, .eps), and clarify how the Client will be able to access the files. For example, will the Vendor be providing a dropbox link, or delivering via a specific secure link?
If the Vendor is providing tangible deliverables that would be mailed to the Client, specify the method of delivery, whether the product will be tracked, etc.
If you selected “Third party Vendor/Purchasing Services” above, you will see the following question:
Question: A % retainer is required to initiate any contract with a third party on the Client's behalf
For example, if you are a wedding planner who may be ordering table linens, etc for a client, what percentage of the contract price will you require from the Client prior? Many times, this is 30%, or a similar number.
If you selected “Option to Track Time” above, you will see the following 2 questions:
Question: The Vendor will track time via ______ method.
This is not a required provision, but if the Client requires time tracking, it is wise to determine what method of tracking should be used.
Question: Is the Vendor required to provide time sheets on a regular basis?
This is not a required provision.
Section Two is one of the most detailed and business-specific parts of any contract. It's designed to capture the nuances of your services and ensure that both parties have a clear understanding of what to expect.
Review all the details in this section to ensure accuracy and completeness. This will help create a clear and effective agreement tailored to your business needs.