Technical Service Agreements
PandaTip: Do you need to send a technical service consulting contract to a new customer? If so, this model is for you! To begin with, just fill in the contractual information on the menu on the right. This agreement represents the full conditions between the consultant and the client in relation to the services he describes. Any addition or amendment to this agreement must be the subject of written consent from both parties. The advisor undertakes not to practice business practices directly in competition with the client`s activities during the duration of this technical services consulting contract and for a period of 24 months thereafter. Similarly, Consultant undertakes not to recruit or recruit the client`s staff at any time. The TSA is not “just another agreement.” It requires coordination with other agreements, including architecture, engineering, interior architecture, technical planning, construction and loan documents. Those who take the ASD process lightly do so at their own risk. The client agrees to pay the consultant monthly for the duration of this technical advice agreement, as shown in the table below: Although the owner is responsible for the involvement of design professionals, the brand retains certain licensing rights in relation to the project architect, interior designer, engineer, contractor and other senior advisors. Parties may agree to include in the Technical Services Agreement a list of experts in acceptable or previously approved designs, or to further define the scope of these licensing fees by specifying the minimum criteria that experts must meet.
In Castillo Grand, it was found that the TSA did not explicitly define the scope of the brand`s discretion when design professionals were admitted and in fact left it to the Florida law to provide for the extent of that discretion. Given that the law in Florida requires the parties to act in good faith, which limits a party`s ability to act arbitrarily or goateed in the exercise of its discretion, the court had reason to conclude that the mark had exceeded its contractual rights by the manner in which it was included in the professional selection process of the interior architecture. , which went well beyond the initial agreement of these professionals.