Professional Services Rate Card (Alabama)

PROFESSIONAL SERVICES RATE CARD

STATE OF ALABAMA

DOCUMENT INFORMATION

1. STANDARD HOURLY RATES

1.1 Personnel Categories

*Premium rates apply to work performed outside standard business hours, on weekends, or on Alabama state holidays.

1.2 Alabama State Holidays

Premium rates apply on the following Alabama state holidays:

• New Year's Day
• Martin Luther King Jr. / Robert E. Lee Day (third Monday in January)
• Presidents' Day (third Monday in February)
• Confederate Memorial Day (fourth Monday in April)
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day (second Monday in October)
• Veterans Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Day

ALABAMA PRACTICE NOTE — HOLIDAY DESIGNATIONS: The holiday names listed above reflect Alabama's official legal designations under Ala. Code § 1-3-8. Alabama is one of the few states that still jointly designates the third Monday in January as "Martin Luther King Jr. / Robert E. Lee Day" and observes "Confederate Memorial Day" by its original name. Legislative efforts to rename these holidays (including H.B. 825, 2023 Session) have not passed. Practitioners should be aware that using these official designations in client-facing documents may raise reputational and sensitivity concerns. Businesses may elect to list these dates as "State Holiday" or use neutral designations in their internal calendars and billing policies while still observing the state-mandated closures. Counsel should advise clients on appropriate terminology based on their industry, client base, and corporate values.

2. SERVICE CATEGORIES AND RATES

2.1 Implementation Services

2.2 Consulting Services

2.3 Training Services

2.4 Support Services

3. VOLUME DISCOUNTS

3.1 Hourly Volume Discounts

3.2 Annual Commitment Discounts

4. TRAVEL AND EXPENSES

4.1 Travel Policy

4.2 Alabama-Specific Travel Considerations

4.3 Expense Reimbursement

• Expenses reimbursed at cost with receipts
• Expenses over $[AMOUNT] require pre-approval
• Expense reports submitted [weekly/monthly]
• Reimbursement within [30] days of approved submission

5. BILLING TERMS

5.1 Time Tracking

5.2 Invoicing

5.3 Rate Adjustments

6. PROJECT-BASED PRICING OPTIONS

6.1 Fixed-Price Engagements

☐ Available for well-defined scope
☐ Change order process applies for scope changes
☐ Pricing based on estimated effort plus [X]% contingency

6.2 Retainer Arrangements

• Unused retainer hours: ☐ Expire ☐ Roll over (up to [X] hours)
• Overage rate: Standard rates apply

6.3 Milestone-Based Pricing

Available for projects with clearly defined deliverables. Payment schedule tied to milestone acceptance.

7. TERMS AND CONDITIONS

7.1 Rate Card Validity

• This Rate Card is valid from the Effective Date through the expiration date specified above.
• Rates are subject to the terms of the associated Master Services Agreement or Professional Services Agreement.

7.2 Applicability

• Rates apply to services performed in or for clients located in Alabama.
• For multi-state engagements, rates may be blended or the applicable state rate card applies.

7.3 Taxes

• All rates are exclusive of applicable taxes.
• Customer is responsible for Alabama sales/use taxes if applicable to services.
• Provider will collect and remit taxes as required by Alabama law.

7.4 Confidentiality

• This Rate Card is confidential and proprietary.
• Customer shall not disclose rates to third parties without Provider's consent.

7.5 Governing Law

• This Rate Card is governed by Alabama law.
• Disputes resolved per the associated MSA/PSA.

8. INTELLECTUAL PROPERTY AND WORK PRODUCT

Ownership of Work Product:

☐ Option 1 — Client Owns Work Product (Work Made for Hire):
All deliverables, reports, analyses, designs, documentation, and other materials created by Provider specifically for Client under this Rate Card ("Work Product") shall be considered works made for hire to the extent permitted by applicable law. To the extent any Work Product does not qualify as a work made for hire, Provider hereby irrevocably assigns to Client all right, title, and interest in and to such Work Product, including all intellectual property rights therein.

☐ Option 2 — Provider Retains Ownership; Client Receives License:
Provider retains all right, title, and interest in Work Product. Upon payment in full, Provider grants Client a non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and display the Work Product for Client's internal business purposes.

☐ Option 3 — Joint Ownership:
Work Product shall be jointly owned by both parties. Each party may use Work Product without accounting to the other, subject to confidentiality obligations.

ALABAMA PRACTICE NOTE: Under federal copyright law (17 U.S.C. § 101), a "work made for hire" by an independent contractor (as distinguished from an employee) requires either: (1) the work falls within one of nine statutory categories and a written agreement designating it as such; or (2) a valid written assignment. Alabama follows the federal framework and has no state-level statute overriding or restricting invention or work-product assignment agreements. Because most professional services deliverables created by independent contractors do not automatically qualify as works for hire, a written assignment clause is strongly recommended to ensure the client obtains ownership. See Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989). Unlike states such as California, Delaware, Illinois, and Minnesota, Alabama does not have a statute limiting employer claims to employee inventions created on personal time or without employer resources.

Provider Pre-Existing IP:
Provider's pre-existing intellectual property, tools, methodologies, templates, and know-how ("Provider IP") remain the sole property of Provider. To the extent Provider IP is incorporated into any Work Product, Provider grants Client a non-exclusive, perpetual, irrevocable, royalty-free license to use such Provider IP solely as embedded in the Work Product.

Client Materials:
All materials, data, and intellectual property provided by Client to Provider ("Client Materials") remain the sole property of Client. Provider shall use Client Materials only for performing services under this Rate Card and shall return or destroy all Client Materials upon request or termination.

9. DATA PROTECTION AND PRIVACY

Applicability:

☐ Provider will access, process, or store personal data in connection with services under this Rate Card
☐ Provider will NOT access, process, or store personal data (remainder of this Section 9 does not apply)

Data Handling Obligations:
Where Provider accesses, processes, or stores personal data on behalf of Client, Provider shall:

1. Process personal data only as necessary to perform services and in accordance with Client's written instructions
2. Implement and maintain reasonable administrative, technical, and physical safeguards to protect personal data from unauthorized access, disclosure, alteration, or destruction
3. Not sell, rent, or otherwise disclose personal data to third parties except as necessary to perform services or as required by law
4. Promptly notify Client (within [____] hours of discovery) of any actual or reasonably suspected data breach affecting personal data
5. Cooperate with Client in investigating and remediating any data breach, including providing timely information necessary for Client to comply with applicable breach notification laws
6. Upon termination of services or Client's written request, return or securely destroy all personal data in Provider's possession within [____] days
7. Permit Client to audit Provider's data protection practices upon [____] days written notice, no more than [____] time(s) per calendar year

Subprocessors:
Provider shall not engage subprocessors to process personal data without Client's prior written consent. Provider remains responsible for any subprocessor's compliance with this section.

Compliance with Applicable Law:
Each party shall comply with all applicable data protection and privacy laws, including but not limited to:

• Alabama Data Breach Notification Act of 2018 (Ala. Code § 8-38-1 et seq.)
• Alabama Digital Crime Act (Ala. Code § 13A-8-100 et seq.)
• Federal regulations applicable to Client's industry (e.g., HIPAA, GLBA, FERPA)
• Any comprehensive state privacy law applicable to Client's operations (e.g., if Client operates in CA, TX, VA, CO, CT, or other states with enacted consumer privacy statutes)

ALABAMA PRACTICE NOTE: As of the date of this Rate Card, Alabama does not have an enacted comprehensive consumer data privacy statute. The Alabama Personal Data Protection Act (H.B. 283, introduced in the 2025 legislative session) passed the state House but had not been signed into law as of the last update. Alabama does require breach notification under the Alabama Data Breach Notification Act of 2018 (Ala. Code § 8-38-1 et seq.), which mandates notification to affected individuals within 45 days of discovery and notification to the Alabama Attorney General when a breach affects more than 1,000 residents. Because Alabama currently lacks comprehensive privacy legislation, contractual data protection provisions are the primary safeguard for personal data exchanged under professional services engagements. Parties should negotiate data protection terms appropriate to the sensitivity and volume of personal data involved.

10. ELECTRONIC SIGNATURES

This Rate Card and any amendments, Statements of Work, or Change Orders may be executed by electronic signature, which shall be valid and enforceable pursuant to the Alabama Uniform Electronic Transactions Act (Ala. Code § 8-1A-1 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §§ 7001-7031). Electronic signatures, including digital signatures, typed names in signature blocks, and click-through acceptances, shall have the same legal effect as original ink signatures. Copies transmitted by email, PDF, or through electronic signature platforms (e.g., DocuSign, Adobe Sign) shall be deemed originals for all purposes.

11. SPECIAL TERMS

11.1 Government/Public Sector Rates

☐ GSA Schedule rates available: [CONTRACT NUMBER]
☐ State of Alabama contract rates available: [CONTRACT NUMBER]
☐ Special rates for Alabama state agencies and municipalities

11.2 Nonprofit/Education Rates

☐ [X]% discount available for qualified nonprofits and educational institutions

11.3 Startup/Small Business Rates

☐ Special rates available for qualified startups and small businesses

12. CONTACT INFORMATION

13. ACKNOWLEDGMENT

By referencing this Rate Card in a Statement of Work or Order, Customer acknowledges and agrees to the rates, terms, and conditions herein.

This Rate Card is an exhibit to and governed by the terms of the Master Services Agreement or Professional Services Agreement between the parties. In the event of conflict, the MSA/PSA controls unless this Rate Card explicitly states otherwise.