This is a document that authorizes a computer repair technician to perform services on the computer of the granting party. This document can be customized to provide the specific computer related tasks the technician is engaged to undertake. In addition, this document provides for the fees charged, indemnity, licenses, and the procedure behind changing the scope of services. This document is ideal for small businesses that offer computer repair services, or for individuals or small businesses that want to engage a technician to perform specific computer related tasks.
This is a document that authorizes a computer repair technician to perform services on the computer of the granting party. This document can be customized to provide the specific computer related tasks the technician is engaged to undertake. In addition, this document provides for the fees charged, indemnity, licenses, and the procedure behind changing the scope of services. This document is ideal for small businesses that offer computer repair services, or for individuals or small businesses that want to engage a technician to perform specific computer related tasks. Work Authorization Form for Computer Repair ___________________ [Instruction: insert name of entity granting authorization] (“Granting Party”) hereby authorize ___________________ [Instruction: insert name of entity receiving authorization] (“Authorized Party”) to _____________________ [Instruction: insert detailed description of job that is being authorized]. Authorized Party has knowledge, skills and expertise in the repair of computers, and Authorized Party makes a living offering such services to clients; Granting Party desires to retain Authorized Party to act as an independent contractor on Granting Party's behalf and to perform computer repair and other services at Granting Party's direction; and Authorized Party desires to perform said services for Granting Party. THEREFORE, the parties hereby agree as follows: I. Services 1. Services. Authorized Party shall provide the following services to Granting Party (the "Services"): A. ___________________ [Instruction: insert a description of the services to be performed] B. ___________________ [Instruction: insert a description of any required deliverables] C. ___________________ [Instruction: insert any associated schedules] D. ___________________ [Instruction: insert the applicable charges], and E. ___________________ [Instruction: insert such additional information as the parties mutually agree] 2. Changes in Scope of Services. Changes to the scope of the Services shall be made only in a writing executed by authorized representatives of both parties. 3. Compliance with Laws and Policies. Authorized Party shall bear responsibility for its compliance with all applicable federal, state and local laws and regulations, and shall abide by Granting Party's stated policies and practices in the course of rendering Services hereunder. 4. Licenses. Authorized Party shall maintain all applicable federal, state and local business and other licenses, including any professional licenses or certificates, industrial permits and/or licenses, industry specific licenses, licenses, required by the state(s) and/or locality(s) in which it does business (i.e., fictitious business names, federal tax identification numbers), insurance, and anything else customarily required of Authorized Party as a business operator. 5. Subcontractors and Employees. Authorized Party shall have control over the manner and means of Authorized Party's performance. Should Authorized Party hire any such employees or retain any such subcontractors, (i) Authorized Party shall be solely responsible for setting their wages, hours and terms and conditions of hire and/or retention, and for paying same, (ii) Authorized Party shall have control over the manner, method and means of performance of any such employee hired or subcontractor retained, (iii) Authorized Party shall remain liable and responsible to Granting Party for all of the acts and omissions of any of Authorized Party's subcontractors, including those subcontractors not disapproved by Granting Party and (iv) Authorized Party shall ensure that none of such subcontractors files, records or otherwise imposes or notices any lien or encumbrance on Granting Party's or its Affiliates' assets or businesses. Authorized Party agrees to accept exclusive liability for the payment of taxes or contributions for unemployment insurance, workers' compensation insurance, or old age pensions or annuities or social security payments which are measured by the wages, salaries, or other remuneration paid to Authorized Party's employees or subcontractors. 6. Qualifications and Performance by Authorized Party. Authorized Party hereby represents, warrants and covenants that it: (i) possesses the requisite experience and skills to perform the Services required hereunder, (ii) shall perform the Services in an expeditious and economical manner consistent with sound professional practices, and (iii) is adequately financed to meet any financial obligation it may be required to incur hereunder. II. Payment 1. Payment Terms. Granting Party shall pay Authorized Party for the Services on the terms defined in the applicable Statement of Work. Unless provided otherwise in a Statement of Work, Authorized Party shall bill Granting Party monthly in arrears. Granting Party shall pay the amounts payable to Authorized Party hereunder within _____ [thirty (30)] [Comment: This number is not provided for by law, but can be any number the user chooses] days of receipt of invoices submitted by Authorized Party. 2. Expenses. Authorized Party shall be reimbursed by Granting Party for all reasonable expenses, which have been approved in advance and in writing by Granting Party, and which are incurred by Authorized Party in the performance of the Services. [Comment: user should edit the preceding language to reflect the agreement of the parties] © Copyright 2011 Docstoc Inc. 3 3. Taxes. Authorized Party shall not be treated as an employee for federal or state tax purposes. Granting Party shall, to the extent it is legally required to do so, file all necessary tax information and reports with federal, state and local taxing authorities, including an Internal Revenue Service Form 1099, to report the income of Authorized Party. Granting Party shall not withhold or pay income taxes, Social Security taxes, disability, workers' compensation, or unemployment insurance payments, and any other assessments or taxes from the monies paid to Authorized Party hereunder, unless required to do so by law or as authorized by Authorized Party in writing. Authorized Party represents and warrants that Authorized Party will report all income earned from Granting Party pursuant to this Agreement and pay all federal, state and local income and self-employment taxes and other assessments required to be paid under applicable law. In addition to any other indemnity provided hereunder, Authorized Party agrees to indemnify and hold Granting Party harmless from and against any claims made against Granting Party on account of the non-payment of taxes by Authorized Party. III. Work Product Ownership of Work Product. Except as set forth herein, the Deliverables, to the extent copyrightable under the United States Copyright Act of 1976 (the "Act") shall be considered "works made for hire" pursuant to the Act and, upon final payment, copyright in such Deliverables shall be owned exclusively by Granting Party. To the extent such Deliverables are not deemed a "work made for hire" under the Act, upon final payment, Authorized Party hereby assigns to Granting Party all its right, title and interest in such Deliverables. Authorized Party shall have or obtain all necessary authority to make such assignment. The parties will cooperate with each other and execute such other documents as may be reasonably deemed necessary to achieve the objectives of this Section. IV. Confidential Information. 1. The term "Confidential Information," as used below, means all information or material which: (1) gives the Owner of the information or material some competitive business advantage, or the opportunity of obtaining that advantage, or the disclosure of which could be detrimental to the interests of the Owner; (2) is owned by the Owner or in which the Owner has an interest; and (3) is either marked "Confidential Information" or "Proprietary Information." © Copyright 2011 Docstoc Inc. 4 2. Confidential Information includes, but is not limited to, the following types of information and other information of a similar nature (whether or not reduced to writing): inventions, drawings, file data, documentation, diagrams, specifications, know how, processes, formulas, models, flow charts, research and development procedures, research and development test results, marketing techniques and materials, marketing plans, price lists, pricing policies, business plans, information relating to customers and/or suppliers' identities, characteristics and agreements, financial information and projections, and employee files. Confidential Information also includes any information described above which the Owner obtains from another party and which the Owner treats as proprietary and designates as Confidential Information, whether or not owned or developed by the Owner. NOTWITHSTANDING THE ABOVE, HOWEVER, NO INFORMATION CONSTITUTES CONFIDENTIAL INFORMATION IF IT IS GENERIC INFORMATION OR GENERAL KNOWLEDGE WHICH SOMEONE WOULD HAVE LEARNED IN THE ORDINARY COURSE OF A TRADE OR BUSINESS, OR IF IT IS OTHERWISE PUBLICLY KNOWN AND IN THE PUBLIC DOMAIN. V. Indemnification. 1. Authorized Party's General Indemnity. Authorized Party shall indemnify, defend and hold harmless Granting Party from and against any claims, allegations, demands, loss, damage or expense relating to the bodily injury or death of any person or damage to real or tangible personal property, which is: (i) directly or indirectly caused by the gross negligence or willful misconduct of Authorized Party or its personnel or agents in connection with the performance of the Services hereunder; and/or (ii) resulting from a breach of any warranty, representation or covenant of Authorized Party hereunder. 2. Authorized Party Intellectual Property Indemnity. Authorized Party shall indemnify, defend and hold harmless Granting Party from and against any claims, allegations, demands, loss, damage or expense arising from or relating to a claim or allegation against Granting Party that any Deliverable infringes the registered copyright, trademark, United States Patent or other intellectual property right of any third party. 3. Granting Party Indemnity. Granting Party shall defend, indemnify and hold harmless Authorized Party from and against any party claims, allegations, demands, loss, damage or expense relating to or resulting from: (i) bodily injury or death of any person or damage to real or tangible personal property directly caused by the gross negligence or willful misconduct of Granting Party, its personnel or agents; and/or (ii) a material breach of any warranty, representation or covenant of Granting Party hereunder. © Copyright 2011 Docstoc Inc. 5 VI. Independent Contractor Relationship. The parties shall be independent contractors. This Agreement shall not create any franchise, fiduciary, agency, partnership, joint venture, employment or special relationship between the parties. "AUTHORIZED PARTY” ___________________ By ___________________ Name ___________________ Title ___________________ "GRANTING PARTY" ___________________ By ___________________ Name ___________________ Title ___________________ © Copyright 2011 Docstoc Inc. 6
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