Professional Services Rate Card (Arkansas)

PROFESSIONAL SERVICES RATE CARD

STATE OF ARKANSAS

DOCUMENT INFORMATION

1. STANDARD HOURLY RATES

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

Arkansas State Holidays

• New Year's Day
• Martin Luther King Jr. Day
• George Washington's Birthday / Daisy Gatson Bates Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans Day
• Thanksgiving Day
• Christmas Eve
• Christmas Day

2. SERVICE CATEGORIES

Implementation Services

Consulting Services

Training Services

3. VOLUME DISCOUNTS

4. TRAVEL AND EXPENSES

5. BILLING TERMS

6. TAXES

• All rates exclusive of applicable taxes
• Arkansas state sales tax rate: 6.5% plus applicable local taxes
• Customer responsible for applicable sales/use taxes

7. 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.

ARKANSAS 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. Arkansas 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, Arkansas 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.

8. 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 8 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:

• Arkansas Personal Information Protection Act (Ark. Code Ann. § 4-110-101 et seq.) (breach notification)
• Arkansas Computer Crimes Act (Ark. Code Ann. § 5-41-101 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)

ARKANSAS PRACTICE NOTE: As of the date of this Rate Card, Arkansas does not have a comprehensive consumer data privacy statute applicable to all residents. Arkansas enacted the Children and Teens' Online Privacy Protection Act (H.B. 1717, signed April 21, 2025, effective July 1, 2026), which extends COPPA-like protections to minors ages 13-16, but this is a youth-focused privacy law rather than a general consumer privacy statute. Arkansas does require breach notification under the Personal Information Protection Act (Ark. Code Ann. § 4-110-105), which mandates disclosure to affected individuals in the most expedient time and manner possible without unreasonable delay, and notification to the Attorney General when a breach affects more than 1,000 individuals. Because Arkansas currently lacks comprehensive general 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.

9. 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 Arkansas Uniform Electronic Transactions Act (Ark. Code Ann. § 25-32-101 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.

10. SPECIAL TERMS

☐ State of Arkansas contract rates available
☐ Nonprofit/Education discount: [X]%

11. ACKNOWLEDGMENT

This Rate Card is governed by Arkansas law and the terms of the associated MSA/PSA.