Design Services Agreement for India

Design Services Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions under which design services will be provided. The agreement covers essential aspects including scope of work, deliverables, intellectual property rights, payment terms, and project timelines, while ensuring compliance with Indian contract law and relevant design protection legislation. It provides a structured framework for the design engagement, outlining the responsibilities of both the service provider and the client, along with procedures for project execution, approval processes, and dispute resolution mechanisms.

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What is a Design Services Agreement?

The Design Services Agreement is a crucial contract template used to formalize the relationship between design service providers and their clients in India. This agreement is essential when engaging professional designers or design firms for various projects, whether they involve graphic design, industrial design, architectural design, or other creative services. The document comprehensively addresses key aspects of the design relationship, including project scope, deliverables, timelines, payment terms, and intellectual property rights, while ensuring compliance with Indian contract law, the Designs Act 2000, and other relevant legislation. It is particularly important for protecting both parties' interests, establishing clear expectations, and providing a structured framework for project execution and delivery.

What sections should be included in a Design Services Agreement?

1. Parties: Identification and details of the service provider (designer) and the client

2. Background: Context of the agreement and brief overview of the design services arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the design services to be provided

5. Project Timeline and Deliverables: Specific milestones, deadlines, and deliverable requirements

6. Payment Terms: Fee structure, payment schedule, and related financial terms

7. Intellectual Property Rights: Ownership and licensing of designs, pre-existing IP, and final deliverables

8. Client Obligations: Responsibilities and commitments of the client

9. Designer Obligations: Responsibilities and commitments of the designer

10. Approval Process: Procedures for review, feedback, and approval of designs

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and termination provisions

13. Warranties and Representations: Guarantees regarding service quality and capabilities

14. Limitation of Liability: Extent and limitations of parties' liabilities

15. General Provisions: Standard legal clauses including notices, governing law, etc.

What sections are optional to include in a Design Services Agreement?

1. Project Team: Details of key personnel when specific team members are crucial to the project

2. Third-Party Contractors: Terms regarding subcontractors when external resources may be needed

3. Change Management: Process for handling scope changes when project flexibility is required

4. Client Materials: Terms for handling client-provided materials when client will provide significant input

5. Quality Standards: Specific quality requirements when industry standards must be met

6. Testing and Acceptance: Detailed testing procedures when formal acceptance testing is needed

7. Training: Training provisions when knowledge transfer is part of the scope

8. Maintenance and Support: Post-delivery support terms when ongoing maintenance is required

9. Insurance: Specific insurance requirements when project value or risks warrant coverage

10. Data Protection: Specific data handling requirements when personal data is involved

What schedules should be included in a Design Services Agreement?

1. Schedule A - Scope of Work: Detailed specification of design services, deliverables, and requirements

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Project Timeline: Detailed project schedule with milestones and deadlines

4. Schedule D - Design Specifications: Technical specifications and design requirements

5. Schedule E - Approval Guidelines: Detailed criteria and process for design approval

6. Schedule F - Service Levels: Performance metrics and service level requirements

7. Appendix 1 - Client Brand Guidelines: Client's branding requirements and guidelines

8. Appendix 2 - Technical Requirements: Technical specifications and compatibility requirements

9. Appendix 3 - Communication Protocol: Procedures for project communication and reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Creative Services

Technology

Manufacturing

Architecture

Interior Design

Fashion

Product Development

Construction

Advertising

Digital Media

Real Estate

Retail

Entertainment

Industrial Design

Software Development

Relevant Teams

Legal

Procurement

Design

Creative Services

Operations

Finance

Commercial

Business Development

Project Management

Research & Development

Relevant Roles

Creative Director

Design Manager

Project Manager

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Chief Creative Officer

Operations Manager

Finance Manager

Commercial Director

Design Consultant

UI/UX Designer

Industrial Designer

Architect

Product Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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