Technician Service Standard Agreement

TECHNICIAN SERVICES AGREEMENT

This Technician Services Agreement is entered into on this [insert date] by and between [insert name] of [insert address] Recipient and [insert name] of [insert address], Provider

  1. DESCRIPTION OF SERVICES – Beginning on [insert date], Provider will provide to Recipient the following services.  (Collectively “the Services”)

[list out services]

All services shall be completed on or before [insert date].

  • PAYMENT – Payment shall be made to Provider in the total amount of [insert amount] upon completion of the Services.  [also have the option to add language for installment payments for Services]
  • TERM – This Agreement shall expire upon completion of the Services unless extended by Provider and Recipient in writing. 
  • OWNERSHIP OF WORK PRODUCT – Any Copyrighted Works, Patents, Ideas, Discoveries, Inventions, Products or Information (Collectively “Work Products”) developed by Provider under this agreement shall become the exclusive product of Recipient.  Upon request Provider shall execute any documents necessary to transfer all rights to the Work Products to Recepient.
  • DEFAULT – The following shall constitute Default under this Agreement. 
  1. The failure by Recipient to make a payment when due. 
    1. The filing of Bankruptcy by either party.
    1. The failure by Provider to complete the Services in the manner as set forth in this Agreement. 
  • CHOICE OF LAW AND VENUE – THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF SOUTH DAKOTA.   Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement shall be heard and determined in State Courts, Pennington County, South Dakota.
  • ATTORNEY’S FEES – The prevailing party in any litigation brought to enforce the terms of this agreement may be entitled to reasonable attorney’s fees. 
  • NOTICES – The Provider and Recipient agree that any notices required or permitted hereunder shall be effective when deposited in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the parties to receive such notices at the following addresses:

            Provider:  [insert name and address]

Recipient:   [insert name and address]

  • SEVERABILITY – If any clause or provision of this Agreement is or becomes illegal, invalid, or unenforceable because of present or future laws, rules, or regulations of any governmental body, or becomes unenforceable for any reason, the intention of the parties hereto is that the remaining parts of this Agreement shall not be thereby affected.
  1. ENTIRE AGREEMENT – The parties agree this Agreement represents the entire agreement between them and that there are no oral or collateral agreements or understandings of any kind or character except those contained herein, and that this Agreement may not be changed except by an express agreement in writing signed by all the parties hereto.
  1.  INTEGRATION – The parties agree that this writing constitutes the entire agreement between them and that there are no other oral or collateral agreements or understandings of any kind or character except those contained herein.
  1. NON-WAIVER – It is further mutually understood and agreed that the waiver of any breach herein or acceptance of late payments by the Provider in one or more instances shall not be construed to be a continuing waiver and that a waiver of a breach or acceptance of late payments in one or more instances shall not prejudice Provider’s right in enforcing this Agreement strictly according to its terms upon which subsequent breaches or late payments.
  1. ASSIGNMENT – Neither Provider or Recipient may assign or transfer their rights under this Agreement without the written consent of the other, which consent will not be unreasonably withheld. 
  1. AMENDMENT – This Agreement may only be modified by the written agreement of both Provider and Recipient. 
  1. CONSTRUCTION – Any ambiguities in this Agreement shall not be construed against the drafter and  this Agreement shall be deemed as though it was produced by both Provider and Recipient.

Provider

By: ______________________________                             Date:_________________________

Recipient

By: ______________________________                             Date:_________________________