Be A Professional, Use A Professional Services Agrement
The professional services agreement is an agreement between two parties that spells
out the terms and conditions in which one party shall provide professional services as required by the other party and which requires defining all of the relevant terms so that there is no ambiguity in their meaning as far as the agreement is concerned. The other party shall agree to remunerate the professional according to the terms agreed in by the agreement.First off, the agreement will need to define the services that the professional is to provide and such services as defined in the agreement can be the subject to change from time to time. Next, the agreement shall mention the manner of performance of services and the professional may reserve the right to retain sole as well as exclusive rights to control or even direct the manner and even means by which the services as defined in the agreement are to be performed and may also subcontract or even assign the obligations and also rights as laid down in the agreement though with the consent of the customer. In case there is software involved in the execution of the professional services, then such software shall be the current version of the software unless any exceptions are agreed to.
There are also certain responsibilities and duties on the part of the customer that must be laid down in the professional services agreement that shall include having the customer making available at his or her offices in a timely manner as well as with reasonable advance notice and without any charge any data, computer facilities, programs, documentation, files, test data and any other information and resources as required by the professional to facilitate the performance of his or her services. In addition, the customer will be responsible and also takes upon him or herself the risk if problems should arise from the content, completeness and consistency as well as accuracy of any data, information and materials supplied by the customer. And, the customer shall provide without any charge equipment that are required by the professional to perform his or her services.
As far as the relationship between the customer and professional is concerned it may be mentioned that the agreement must stipulate whether the two parties are independent contractors and are not agents or partners, nor is it a joint venture and whether either party has any right, power or authority to act or even create obligation whether expressed or implied on behalf of either party. Other terms that need to be agreed to include confidentiality, fees and payments, expenses, taxes, and also interests and further costs.
The professional service agreement is readily available in the market and finding one should not pose any problem, as there are many vendors who specialize in such documents and for a few dollars one may obtain completely researched and well-formed professional service agreement. There is no need for researching and creating one from scratch as buying these documents provides an avenue for obtaining comprehensively created solutions that have had experts draft them and they are suited for all manner of use. Spending a few dollars, one could reap great benefits, as there is plenty to be saved in terms of time, money and cost as well as being tailored to suit individual requirements.
by: Wade Anderson