For the purposes of this Agreement, the following terms shall have the meanings set forth below. Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them elsewhere in this Agreement.
- “Agreement” means this Technical Assistance Agreement entered into between the TA Provider and the Participant.
- “Effective Date” means the date on which this Agreement is executed by the Participant.
- “Participant” means the individual or entity receiving Technical Assistance services under this Agreement.
- “TA Provider” means HDV Services, LLC d/b/a EqALL Business Solutions, a Texas limited liability company, providing Technical Assistance services under this Agreement.
- “Technical Assistance” or “TA” refers to a structured, capacity-building process aimed at improving the effectiveness, quality, and sustainability of programs, organizations, or systems, as further described in this Agreement. TA includes but is not limited to coaching, mentoring, consultation, professional development, and resource sharing.
- “Confidential Information” means any non-public, proprietary, or sensitive information disclosed by either party in connection with this Agreement, whether oral or written, and whether marked as confidential or not, including but not limited to business plans, strategies, data, and intellectual property.
- “Intellectual Property” or “IP” means all ideas, materials, documents, data, processes, and any other proprietary information shared or developed by the Participant during the course of TA sessions.
- “Session” means any scheduled meeting, consultation, or interaction between the TA Provider and the Participant conducted under this Agreement, whether in person or via video conferencing.
- “AI Monitoring” means the use of proprietary artificial intelligence software by the TA Provider to record and monitor TA sessions for the purposes of data collection, technical assistance support, follow-up, and user experience enhancement.
- Interpretation. The headings in this Agreement are for convenience only and shall not affect its interpretation. Words importing the singular include the plural and vice versa. References to “including” shall be construed as “including without limitation.” This Agreement shall be interpreted in accordance with its plain meaning and the laws of the State of Texas.
Technical Assistance (TA) - is defined as a structured, capacity-building process aimed at improving the effectiveness, quality, and sustainability of programs, organizations, or systems.
For the purpose of this agreement Technical Assistance (TA) refers to individualized, direct support provided to participants to facilitate the adoption, implementation, and sustainability of programmatic innovation practices. This support may include professional development, coaching, mentoring, consultation, and resource sharing.
Technical Assistance will be delivered through a planned and collaborative process that includes assessment, planning, implementation, evaluation, and continuous improvement.
Technical Assistance is not advice, therapy, or counseling. Instead, Technical Assistance addresses specific business projects and business successes.
In order to facilitate the Technical Assistance relationship, the TA Provider and the Participants will meet on a regular basis via video conferencing.
TA Provider and Participant agree to respect each other's time and keep each other informed as to what is needed to keep the Technical Assistance relationship moving forward.
The TA Provider will notify the Participant no less than 24 hours prior to a scheduled session of any requested schedule change or cancellation.
During the Technical Assistance relationship, the TA Provider will engage in direct and personal conversation. The Participant can count on the TA Provider to be honest and ask straightforward questions. The purpose of the Technical Assistance relationship is to hold focus on the Participant's desired outcome, and for the TA Provider to keep the Participant focused on staying clear, focused, and in action. The Participant understands that the power of the Technical Assistance relationship can only be granted by the Participant, and the Participant agrees to let the Technical Assistance relationship be powerful. If the Participant feels that the Technical Assistance is not working as desired, Participant agrees to communicate and take actions to return the power to the Technical Assistance relationship.
All intellectual property (IP), including but not limited to ideas, materials, documents, data, processes, and any other proprietary information shared or developed by the Participants during the course of Technical Assistance (TA) sessions, shall remain the sole and exclusive property of the Participant.The TA Provider acknowledges and agrees that it shall not claim any ownership, license, or other rights to the Participant's intellectual property, whether disclosed orally or in writing, during or as a result of the TA engagement.The TA Provider shall treat all Participant IP as confidential and shall not use, reproduce, distribute, or disclose such IP to any third party without the prior written consent of the Participant, except as required by law.The TA Provider has entered into a separate confidentiality and non-disclosure agreement that aligns with and reinforces the obligations set forth in this clause.
The TA Provider appreciates that, at times, information shared by the Participant may be specific and explicitly personal. The Participant's willingness to be this truthful will be treated with the ultimate respect. The TA Provider agrees to keep any and all information shared with TA Provider by the Participant strictly confidential. However, the Participant recognizes and agrees that there is no professional privilege between the TA Provider and Participant (like an attorney/client or doctor/patient) and the TA Provider could be required to testify to a Participant's statement in a court case.
Participant acknowledges and agrees that Technical Assistance (TA) sessions may be recorded and monitored by the TA Provider using proprietary artificial intelligence (AI) software developed and maintained by HDV Services, LLC d/b/a EqALL Business Solutions. Such recordings and monitoring are conducted solely for the purposes of enhancing technical assistance support, facilitating follow-up communications, improving user experience, and collecting data relevant to the effectiveness and delivery of TA services. All data collected through these recordings shall be treated in accordance with applicable confidentiality provisions and shall not be disclosed to third parties except as required by law or with the Participant’s prior written consent. Participant hereby consents to such recording and monitoring and waives any objection thereto.
The TA Provider promises no specific outcomes and makes no warranty, express or implied. Participant agrees not to hold TA Provider liable for any outcomes or lack thereof from the technical assistance relationship.
In no event will TA Provider be liable for an y consequential, special, indirect, incidental, punitive, or exemplary damages or expenses of the participant.
The TA Provider and Participant agree that disputes or claims arising under this Technical Assistance Agreement will be submitted to mediation.
Notwithstanding the foregoing, TA Provider and Participant agree that any claim, suit, or other proceeding will be governed by, and construed in accordance with, the laws of Texas, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party shall institute any legal suit, action, or proceeding arising out of or relation to this Agreement in the federal or state course in each case located in Dallas, Texas. All parties to this technical assistance agreement waive any right to a trial by jury with respect to any action, claim, suit, or proceeding related to this agreement.
This Technical Assistance Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third-party beneficiaries under this Agreement.
Data security is of great importance to EQALL Business Solutions and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
HDV Services, LLC dba EQALL Business Solutions reserves the right to change this Technical Assistance Agreement as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Agreement on your first use of the Web Site following the alterations.
If there are any questions regarding this privacy policy you may contact us at ofn@eqall.co.
