Tisch
Party A (entrusting party): _ _ _ _ _ _ _ _ _ Party B (serving party): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tisch
Party A (entrusting party): _ _ _ _ _ _ _ _ _ Party B (serving party): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Based on the principle of mutual trust and sincere cooperation, Party A and Party B have reached an agreement on the provision of technical services by Party B to Party A through friendly negotiation, and hereby sign this contract.
I. Description of the application of the contract
1. This contract is applicable to users who purchase XX products and XX service products for the first time.
2. The signing of this contract by both parties indicates that Party A accepts the standard services provided by Party B; Otherwise, Party A will be deemed to have voluntarily given up the services provided by Party B. ..
Second, the service content
1. Services provided by Party B:
1) product standard training: Party B is responsible for the standard training of products purchased by Party A; Standard training is a business instruction that guides the establishment of accounts and four working hours.
2) Hotline support: refers to the process that Party B's service personnel provide users with answers to technical questions by telephone.
3) Online service support: refers to the process that Party B receives and answers users' questions through the online support system, and publishes relevant technologies to solve the problems online.
4) On-site maintenance: refers to the process that Party B sends technicians to the user's site to deal with problems.
5) Remote maintenance: refers to the service process in which Party B answers users' questions through XX maintenance software.
6) User club activities: Party A can participate in XX user club activities.
7) User publications: Party A may obtain user publications provided by Party B from time to time, including published publications and electronic publications.
2. Party B's services:
1) After receiving the XX software service request submitted by Party A by telephone, fax, e-mail and online, Party B shall respond and provide services within two effective working days.
2) The services provided by Party B to Party A must be carried out according to the service contents stipulated in the contract.
Three. Party A's responsibilities:
1. Party A shall ensure that a special person is responsible for the use and management of xx software.
2. Party A shall establish relevant systems to ensure xx software operating environment (including computers, printers and related hardware equipment).
3. Party A shall regularly back up the system data and properly keep the backup data.
4. If Party A finds any software abnormality in the application process, it shall contact Party A in time and record the current failure phenomenon so that Party B can diagnose it.
5. After the service of Party B's service personnel ends, Party A shall cooperate to check whether the software system is running normally.
Four. Default handling
1. Party B's breach of contract shall be handled as follows:
1) Party A has the right to complain to the service management department of XX Company that Party B fails to perform the contract terms; XX company service complaint telephone number: XXXXXXXX
2) When Party B violates the above services, the maintenance department will take remedial measures immediately after receiving the complaint from Party A and give the user a satisfactory answer.
3) When Party B confirms that it violates the service and causes actual losses to Party A, it shall give Party A appropriate economic compensation. ..
2. Handling of Party A's breach of contract
1) If Party A fails to perform its responsibilities as required by the contract, Party A shall bear relevant consequences.
2) If Party A requests Party B to provide services due to problems such as data confusion and loss caused by Party A's personnel's illegal operation, virus infection and accessories failure, Party B may add 65,438+000% service fee to the software service fee.
3. Party B's exemption clause
1) Party B shall not be responsible for data confusion and loss caused by illegal operation, virus infection and hardware failure of Party A's personnel.
2) Party B has the right to refuse Party A's service requirements that are not stipulated in this contract.
Verb (abbreviation of verb) Validity and effectiveness of contract
1. This contract shall come into effect after being signed by both parties and stamped with official seals or contract seals; This contract is made in duplicate, one for each party, with the same legal effect.
2. The validity of this contract will not be affected by the job change, job change and job transfer of the representatives of both parties; The validity of this contract is not affected by the change of legal persons of both parties; The validity of this contract is not affected by the change of the names of both parties.
The charging method and contract term of intransitive verbs
1. If you buy XX version, XX version): _ _ _ _ _ _ _.
2. This contract is valid for one year, from the date of the month to the date of the month.
3. After the expiration of the contract, both parties negotiate that Party B can continue to provide UFIDA software operation and maintenance services for Party A; However, both parties must sign a new service contract.
Seven. settlement of dispute
1. If Party A and Party B have any objection to the understanding of the terms and conditions of this agreement, or have any dispute on matters related to this agreement, both parties shall negotiate in the spirit of friendly cooperation.
2. If negotiation fails, either party may bring a lawsuit to the people's court where Party B is located in accordance with the Contract Law of People's Republic of China (PRC).
Eight. others
1. Matters not covered in this contract shall be written by both parties through negotiation, which shall be regarded as supplementary clauses of this contract and have the same legal effect as this contract.
2. Any modification and change to the contents of this contract shall be made in written form, and shall come into effect after being confirmed by both parties.
3. This contract is a formal agreement between both parties, and any other plans, oral explanations, letters, faxes and emails related to this project shall be subject to this contract.
Party A (signature) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
extreme
_ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as the entrusting party) is one party and _ _ _ _ _ _ _ _ Company (hereinafter referred to as the consultant) is the other party, and the representatives of both parties are authorized to sign this contract for the technical consulting service of _ _ _ _ _ _ _ _ _. Article 1 the contents of the contract
1. 1 The entrusting party hopes to obtain the technical consulting service provided by the consultant on, and the consultant is willing to provide this service.
1.2 The scope of technical consulting services is as follows: _ _ _ _ _ _ _.
1.3 technical consulting service schedule: _ _ _ _ _ _ _.
1.4 technical consulting service personnel arrangement: _ _ _ _ _ _ _.
1.5 the technical consultation service will be completed within _ _ _ _ months from the effective date of the contract, and the final technical consultation report will be submitted within _ _ _ _ _ months, including drawings, design materials, various specifications and pictures. The Consultant shall inform the Client of the latest development and any progress of similar projects free of charge, so that the Client can improve the design of the project.
Article 2 Responsibilities and obligations of both parties
2. 1 the entrusting party shall provide the consultant with relevant information, technical consultation reports, drawings and information that may be obtained, and provide assistance to the consultant within its capacity, especially the entrusting party shall designate a general representative at an appropriate time so as to contact him at any time.
2.2 The Client shall assist the Consultant in obtaining the passport, visa, work permit and other documents required by the Consultant, so that the Consultant can enter the Client's country and the project site, but the expenses shall be borne by the Consultant.
2.3 In addition to the technical personnel listed in Article 1 of the Contract, the Consultant shall also provide a sufficient number of qualified technical personnel to perform the obligations stipulated in the Contract. The Consultant shall take full responsibility for the technicians employed by it to perform the contract, and protect the Client from all damages caused by the performance of the contract tasks by its technicians.
2.4 The consultant shall, according to the content and progress of the consulting service, submit the technical consulting report and relevant drawings and materials on time.
2.5 The Consultant shall assist the Client's technicians to obtain visas to enter the Consultant's country, and shall be responsible for arranging accommodation, and the accommodation expenses shall be borne by the Client. The Consultant shall provide offices, necessary facilities and convenient transportation for the technical personnel of the Client.
2.6 The Consultant shall be responsible for the personal injury and property loss caused to the Client and the Client's staff by the consulting services it provides, but such damage or loss is caused by the negligence of the Consultant's personnel in the performance of this contract. The consultant is only responsible for the work under this contract.
2.7 Any and all responsibilities of the Consultant for this contract shall be limited to the total contract price received by the Consultant for providing professional services, and shall be terminated after the expiration of the warranty stipulated in Article 7.3 of this contract.
Article 3 Price and Payment
3. 1 The total contract price is _ _ _ _ _ _ _ (currency) _ _ _ _ _ (in words: _ _ _ _ _ _ _).
The price of each item is as follows:
The contract price of item 1 is _ _ _ _ _ _ (currency) _ _ _ _ _ (in words: _ _ _ _ _ _ _);
The second contract price is _ _ _ _ _ _ _ (currency) _ _ _ _ _ _ (in words: _ _ _ _ _ _);
The third contract price is _ _ _ _ _ _ _ _ (currency) _ _ _ _ _ _ (in words: _ _ _ _ _ _ _);
The contract price of Item 4 is _ _ _ _ _ _ _ (currency) _ _ _ _ _ _ (in words: _ _ _ _ _ _ _).
3.2 The total contract price, including all services and technical expenses provided by the consultant, is fixed and does not fluctuate with the influence of inflation. The total contract price includes all expenses and expenses incurred by the consultant in performing his obligations under this contract in his own country and the entrusting party's country, as well as the expenses incurred by sending technical materials to the entrusting party's office in various ways. In case of force majeure stipulated in this contract, the total contract price can be adjusted through friendly negotiation between both parties. If the services requested by the entrusting party are beyond the scope specified in Annex 1 of this contract, both parties shall negotiate to modify the total contract price, and any modification shall be signed by both parties in writing and constitute an integral part of this contract.
3.3 All the money paid by the client to the consultant shall be paid to the consultant's account, and the account number is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3.4 For the services provided by the Consultant, the Client will pay the fees in the following ways or proportions: _ _ _ _ _ _ _ _ _ _ _ _.
3.4. 1 _ _ _ _ _ _% of the total contract price, namely _ _ _ _ _ _ (in words: _ _ _ _ _ _), shall be paid after the entrusting party receives the following documents submitted by the consultant and verifies them to be correct.
A. One original and two copies of the certificate of approval issued by the country where the consultant is located or the supporting documents without approval;
B the amount issued by the consultant bank is _ _ _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _), and an original and a copy of the irrevocable advance payment guarantee in favor of the entrusting party. See the appendix of the contract for the format of the letter of guarantee.
C. Proforma invoice of the total contract price in quintuplicate;
D. Signed commercial invoice indicating the payment amount in quintuplicate;
E. draft at sight in duplicate. The above documents shall be delivered no later than _ _ _ _ _ days from the effective date of this contract.
3.4.2 _ _ _ _ _ _ _% of the contract price in item 1, namely _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _), shall be paid to the entrusting party within _ _ _ _ _ _ days after receiving the following documents submitted by the consultant and verifying them to be correct.
A. Sub-item 1 Technical Consulting Report 10;
B. Signed commercial invoice indicating the payment amount in quintuplicate;
C. draft at sight in duplicate.
3.4.3 _ _ _ _ _ _% of the contract price in Item 2, namely _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _), shall be paid to the entrusting party within _ _ _ _ _ days after the entrusting party receives the following documents submitted by the consultant and finds them correct.
A. Sub-item 2 Technical Advisory Report 10;
B. Signed commercial invoice indicating the payment amount in quintuplicate;
C. draft at sight in duplicate.
3.4.4 The price of each item is _ _ _ _ _ _ _%, namely _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _), which shall be paid to the consultant within _ _ _ _ _ _ days after the entrusting party receives the following documents submitted by the consultant and verifies them.
A. Sub-item 3 Technical Advisory Report 10;
B. Signed commercial invoice indicating the payment amount in quintuplicate;
C. draft at sight in duplicate.
3.4.5 The sub-item price is in quadruplicate, accounting for _ _ _ _ _ _ _%, namely _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _), and shall be paid to the consultant within _ _ _ _ _ _ days after the entrusting party receives the following documents submitted by the consultant and checks them correctly.
A. Sub-item 4 Technical Advisory Report 10;
B. Signed commercial invoice indicating the payment amount in quintuplicate;
C. draft at sight in duplicate.
3.4.6 The sub-item price is in quadruplicate, accounting for _ _ _ _ _ _ _%, namely _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _), and shall be paid to the consultant within _ _ _ _ _ _ days after the entrusting party receives the following documents submitted by the consultant and checks them correctly.
A. Signed commercial invoice indicating the payment amount in quintuplicate;
B. sight draft in duplicate.
3.5 If the Consultant should pay the withholding tax and liquidated damages to the Client according to the contract, the Client has the right to deduct them from the above amount.
3.6 The bank charges incurred in China for the execution of this contract shall be borne by the Client, and the charges incurred outside China shall be borne by the Consultant.
Article 4 Delivery
4. 1 The delivery deadline of the aforementioned technical consultation report is:
A. technical consultation report in item 1: within _ _ _ _ _ months after the contract comes into effect;
B technical consultation report of sub-item 2: within _ _ _ _ months after the contract comes into effect;
C. Sub-item 3 Technical Consultation Report: within _ _ _ _ months after the contract comes into effect;
D fourth technical consultation report: within _ _ _ _ _ months after the contract comes into effect.
4.2 When the above information is transported by air, the consultant shall notify the entrusting party by fax of the mailing date and air waybill number. Upon receipt of the above technical consultation report, the entrusting party shall promptly notify the consulting party.
4.3 If the above information is lost or damaged in the course of mailing, the consultant shall replace it free of charge within two weeks after receiving the notice.
Article 5 confidentiality
5. 1 All materials collected, developed, sorted, copied, researched and prepared by the entrusting party related to the work under this contract shall be regarded as confidential when provided to the consultant, and shall not be disclosed to anyone, enterprise or company other than the entrusting party or its designated representative. No matter why this contract is terminated, this clause will always bind the consultant.
5.2 During the validity of the contract, both parties shall take appropriate measures to keep any data or information under this contract strictly confidential, and the other party shall not disclose it to any third party without the written consent of one party.
5.3 Any confidential information obtained or contacted by one party and its technicians during the performance of the contract shall be kept confidential by the other party, and neither party may use or disclose the above confidential information obtained from the other party without its written consent.
Article 6 Taxes and fees
6. 1 All taxes and fees related to the execution of this contract or related to this contract levied by the governments of People's Republic of China (PRC) and China according to their tax laws shall be borne by the entrusting party.
6.2 The consultant shall pay all taxes and fees levied by the governments of People's Republic of China (PRC) and China in accordance with the tax law of China and the agreements reached by People's Republic of China (PRC) * * with the governments of China and the countries where the consultant is located to avoid double taxation and prevent income tax evasion. According to the national tax law, the entrusting party is obliged to withhold and remit certain taxes and fees from the income under this contract and pay them to the tax authorities. Upon receipt of the tax documents issued by the tax authorities on the above taxes, the entrusting party shall immediately forward them to the consultant.
6.3 All taxes incurred outside People's Republic of China (PRC) in connection with and performance of this contract shall be borne by the Consultant.
Article 7 Guarantee
7. 1 The Consultant guarantees that its experience and ability can provide consulting services efficiently and quickly in a satisfactory manner, and the consulting services under this contract are completed by competent technicians according to standards accepted by both parties.
7.2 If the services provided by the consultant to the Client within the scope of work in Annex I to this contract are unsatisfactory at any time for any reason within its control, the Client may notify the Consultant of the dissatisfaction and give the Consultant the right of _ _ _ _ _ _ _ _ _ _ _ _.
7.3 The guarantee obligation of the consultant shall expire _ _ _ _ months after the client finally accepts the consulting service or makes the last payment.
Article 8 Ownership of technical consultation reports
8. 1 The final text of all technical consulting reports and related materials submitted to the entrusting party, including drawings, floor plans and certification materials for performing the technical consulting services, shall be owned by the entrusting party, and the consulting party shall sort, classify and index the above materials before submitting them to the entrusting party.
8.2 The Consultant may keep copies of the above information, including the information provided by the Client as mentioned in Article 5 of this Contract, but the Consultant shall not use the above information for any project other than this consulting project without the written consent of the Client.
Article 9 Transfer
9. 1 Neither the client nor the consultant shall transfer or subcontract their contractual rights or obligations to others without the prior written consent of the other party.
Article 10 Breach of Contract and Termination of Contract
10. 1 If the technical consultation report cannot be delivered within the delivery period specified in Article 4 of this contract due to the responsibility of the consultant, the consultant shall pay the client the liquidated damages for delay in the following proportion:
A from the first week to the fourth week, pay _ _ _ _ _ _ _ _ _ _ percent of the total contract price every week;
B from the fifth week to the eighth week, pay _ _ _ _ _ _ _ _ _ _ _ _ _
C _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
10.2 The total amount of liquidated damages for late delivery shall not exceed _ _ _ _ percent of the total contract price. The payment of liquidated damages for delayed delivery cannot exempt the consultant from the obligation to submit the technical consultation report.
10.3 for the following breach of contract by the consultant, the entrusting party may terminate all or part of the contract by written notice, but it will not affect the consultant to take other remedial measures:
Part or all of the technical data cannot be delivered within _ _ _ _ _ _ days after the delivery deadline of any technical consultation report specified in Article 4 of this contract;
B. The technical consultation report fails to meet the minimum acceptance standard specified in Annex I to the contract. For the termination of the above contract, the Consultant shall refund all the money paid by the Client and pay interest at the annual rate of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
10.4 if one party commits any of the following acts, either party may notify the other party in writing to terminate the contract in whole or in part, without affecting it to take other remedial measures:
A. failure to perform the confidentiality obligations agreed in the contract;
B. Fail to perform other obligations stipulated in this contract except minor breach of contract, and make up for the breach of contract within _ _ _ _ _ days after receiving the written notice from the other party or within the time agreed by both parties;
C. bankruptcy or insolvency;
D. It has been affected by force majeure events for more than _ _ _ _ _ _ days.
Article 1 1 Force Majeure
1 1. 1 If either party's performance of the obligations stipulated in the contract is affected by war, serious fire, typhoon, earthquake, flood and other unforeseeable, inevitable and insurmountable events, the party affected by the accident will notify the other party of the force majeure accident by fax, and within 14 days after the accident.
1 1.2 If the contractual obligations cannot be performed or delayed due to force majeure, the affected party shall not be liable. However, the affected party shall notify the other party by fax as soon as the force majeure accident is eliminated.
1 1.3 both parties shall continue to perform their contractual obligations immediately after the force majeure accident stops or the impact is eliminated, and the validity period of the contract and/or the scheduled time limit for performing the contract shall be extended accordingly.
Article 12 arbitration
12. 1 Any dispute arising from or related to this contract shall be submitted to China Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding on both parties. Arbitration shall be governed by the laws of People's Republic of China (PRC).
12.2 Unless otherwise specified, arbitration shall not affect both parties to the contract to continue to perform their obligations under the contract.
Article 13 Languages and standards
13. 1 except this contract and its annexes, all communications between the client and the consultant, and the information, documents, technical consultation reports and drawings provided by the consultant to the client are in English.
All dimensions of 13.2 are in metric system.
Law applicable to Article 14
14. 1 The legal meaning, validity and performance of this contract shall be governed by the laws of People's Republic of China (PRC).
Article 15 the validity of the contract and others
15. 1 After the contract is signed by authorized representatives of both parties, if necessary, each party shall apply to its own government * for approval. Both parties shall do their best to obtain the approval of their respective countries within 30 days after the signing of the contract, and each party shall immediately notify the other party of the approval date in writing. The last party's approval date is the effective date of this contract.
15.2 the validity of this contract is _ _ _ _ _ _ _ years from the effective date of this contract.
15.3 after the expiration of this contract, any outstanding creditor's rights and debts under this contract will not be affected by the expiration of this contract.
15.4 annexes to this contract are an integral part of this contract and have the same legal effect as the text of the contract. If there is any contradiction between the text of the contract and the annex, the content of the text of the contract shall prevail.
15.5 all amendments, supplements, deletions or changes to this contract shall come into effect after being completed in writing and signed by authorized representatives of both parties. Effective modification, supplement, deletion or change constitute an integral part of this contract and have the same legal effect as the text of the contract.
15.6 the contact between the two parties shall be made in written form, and faxes involving important matters shall be confirmed by registered mail or express mail immediately.
This contract is written in Chinese and English, both texts are equally authentic. The original of this contract is in quadruplicate, and each party holds two copies.
Entrusting party (seal) _ _ _ _ _ _ Consultant (seal) _ _ _ _ _ _
Authorized representative (signature) _ _ _ _ _ _ Authorized representative (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _