Computer technical service contract model 1
Party A: (hereinafter referred to as "Party A")
Party B: (hereinafter referred to as "Party B")
Based on the principle of mutual benefit, Party A and Party B decided to sign this agreement on UFIDA software system maintenance service after full consultation. Please refer to the configuration list of UFIDA software purchased by Party A for specific service items and scope, and Party B will provide daily services during the agreement period.
The first definition:
1. 1 "Maintenance" refers to the general term for Party B to provide Party A with technical guidance based on licensed software and solve product failures.
1.3 "Place" refers to the place where Party B allows Party A to use the licensed software according to the license contract. "On-site maintenance" refers to the process that Party B sends technicians to Party A's site to solve the problems according to the technical problems raised by Party A. The technical problems of on-site maintenance include: (1) crashes and data errors caused by the failure of authorized software products; (2) Problems such as system display errors, data errors, and reduced operation efficiency caused by environmental reasons.
1.4 "Remote maintenance" refers to the process that Party B provides answers and technical guidance to Party A through telephone or network according to the technical questions raised by Party A. ..
1.6 "Software update" refers to the process of optimizing and updating the licensed software due to its failure. "Technical support" refers to the assistance or technical guidance provided by Party B to Party A by telephone or Internet during the service hours to ensure the normal operation of the licensed software and system. Including (1) explaining the functions and characteristics of the licensed software;
(2) Clarification of documents and materials; (3) operating instructions of the licensed software; (4) Confirm, analyze and correct mistakes by telephone and/or Internet.
1.7 "hotline support" refers to the process that the service personnel of Party B's customer service center provide technical questions to Party A by telephone.
1.8 "Response time" refers to the time from the time when Party B receives Party A's service request to the time when it communicates with Party A and makes a service commitment to Party A. ..
Article 2 Provide maintenance and technical support
"Service time" refers to Party B's working hours from 8:30 to 17:30 every day.
2. 1 After Party A pays the corresponding service fee to Party B, Party B will provide Party A with the maintenance and technical support services of the licensed software according to the stipulations of this contract. The maintenance services provided by Party B are standard maintenance services (see Annex I of this contract for details). Unless otherwise expressly agreed in this contract, the maintenance services mentioned in this contract only refer to standard maintenance services.
2.2 Annex I to this contract reflects the service policy of Party B to provide maintenance and technical support when this contract comes into effect. Party B will
Publish the latest maintenance and technical support policies on the technical support website that Party A is allowed to visit, so as to inform Party A of any changes in service policies. All changes (if any) will take effect after the then maintenance and technical support contract expires. Before renewing the maintenance and technical support contract, Party A is obliged to review Party B's effective maintenance and technical support policies at that time.
Article 3 Term of Contract
3. 1
3.2 The validity period of this contract is from MM DD YY to MM DD YY. After the expiration of this contract, if Party A needs Party B to continue to provide maintenance and technical support services for the licensed software, it shall notify Party B to renew the maintenance and technical support service contract one month in advance.
Article 4 Service Fees and Payment Methods
4. 1 The service fee for this service item is RMB (in words) eighteen thousand six hundred and ten Yuan only (in figures: RMB only).
2. Payment method
Within five working days after the signing of the whole contract, Party A shall pay all the contract amount to Party B;
Article 5 Scope of Services
5. 1 The maintenance and technical support services provided by Party B to Party A include:
5. 1. 1 Due to serious failure of the system database or licensed software or failure of major application programs during critical processing, Party A's on-site system is stagnant and the licensed software cannot be used to process data.
5. 1.2 There are problems in the licensed software that seriously interfere with Party A's main business and are (temporarily) difficult to solve.
5. 1.3 In case of non-critical problems with the licensed software, Party A may continue to operate the system and/or operation.
5. 1.4 All problems and requirements related to the use and implementation of the licensed software.
5.2 This contract does not include the upgrade service of licensed software, and the upgrade service shall be implemented in accordance with the unified regulations of Beijing UFIDA Software Co., Ltd. ..
5.3 If Party A requests Party B to provide maintenance and technical support services beyond the scope agreed in this contract and its annexes, Party A shall negotiate with Party B to sign relevant agreements and pay corresponding service fees to Party B.. ..
5.4 List of UFIDA products:
Article 6 Response Time
Party B shall respond and provide services within 24 hours after receiving Party A's request for licensed software services submitted by telephone, letter, fax, e-mail and online.
Article 7 Party A's responsibilities:
In order to facilitate Party B to provide services under this contract, Party A shall:
7. 1 ensure that there is a special person responsible for the use and management of licensed software, and establish relevant systems to ensure the safety of licensed software operating environment (including computers, printers and related hardware equipment) and provide guarantee for the normal operation of licensed software.
7.2
7.3 Back up the system data regularly and keep the backup data properly. If any abnormality is found in the use of the licensed software, Party B shall be contacted in time, and the current failure phenomenon shall be recorded for Party B's diagnosis.
7.4 During Party B's maintenance and technical support, according to Party B's requirements, Party B shall designate employees to cooperate with the work and provide necessary equipment.
7.5 After the maintenance and technical support of Party B's service personnel are completed, cooperate to check whether the licensed software system is running normally.
Article 8 Confidentiality Clause
Both parties agree to use the confidential information of the other party in strict accordance with the provisions of this contract, and shall not directly or indirectly disclose the confidential information to a third party without the prior written permission of the other party.
Article 9 Limitation of Liability and Liability for Breach of Contract
9. 1 limitation of liability
9. 1. 1 Except as expressly agreed in this contract, Party B will not make any other express or implied guarantee or commitment for maintenance and technical support services.
9. 1.2 Party B promises to provide services to Party A in time according to the stipulations of this contract, but it will not be responsible for the losses caused to Party A due to the delay caused by force majeure.
9. 1.3 if party a violates article 7 of this contract, resulting in party b's failure to provide or provide services within the time limit agreed in this contract, party b will not bear any responsibility.
Article 10 Applicable Law and Dispute Resolution
1 1. 1 The laws applicable to this contract are: People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Copyright Law, People's Republic of China (PRC) Computer Software Protection Regulations and other relevant laws and regulations in China.
1 1.2 Any dispute arising from this contract or related to the interpretation or execution of this contract shall be settled by both parties through friendly negotiation or mediation. If negotiation or mediation fails, both parties agree to adopt the following Option 2:
1 1.2. 1 Apply to the Arbitration Commission for arbitration in accordance with the arbitration rules of the Arbitration Commission at that time; The arbitral award is final and binding on both parties; The arbitration fee shall be borne by the losing party, unless otherwise stipulated in the arbitration award.
1 1.2.2 institute legal proceedings in a people's court with jurisdiction.
Article 11
12. 1 After the Contract comes into effect, Party A or Party B shall continue or require its successors in rights and obligations to abide by and perform their relevant obligations under this Contract, regardless of any changes in their names, organizational forms, enterprise nature, business scope, registered capital and investors.
12.2 earthquake, typhoon, flood, tsunami, fire, war, riot, strike and other force majeure factors.
If this contract cannot be performed or can not be fully performed, both parties shall, according to the influence degree of force majeure, negotiate to dissolve this contract, or partially exempt the performance obligations of this contract, or postpone the performance of this contract. 12.3 this contract consists of the following annexes, which are an integral part of this contract and have the same legal effect as this contract.
Effectiveness.
Annex I: Standard Operation and Maintenance Services
This contract shall come into effect after being signed and sealed by authorized representatives of both parties; One copy, with the same legal effect.
(signature page)
Party A: Party B:
Representative: _ _ _ _ _ _ _ Representative: _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model computer technology service contract II
ContractNo.: _ _ _ _ _ _ _ _ _ _ _ _ _
The place of signing this contract is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A: _ _ _ _ _ _ _ (_ X computer system customer)
The domicile is _ _ _ _ _ _ _ _ _ and the telephone number is _ _ _ _ _ _ _. Party B: WW System Co., Ltd. (_ X computer system service unit) Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
In order to ensure Party A's correct and safe use of _X computer system (hereinafter referred to as _ System), Party A and Party B have reached the following agreement on providing Party A with _ X system technical maintenance services through equal consultation in accordance with the Contract Law of People's Republic of China (PRC) and the Service Rules of WW System Co., Ltd.:
I. Service contents:
Party A entrusts Party B with technical maintenance of the system used by Party A. ..
System refers to _ system-specific equipment and corresponding _ software. _ System-specific devices include _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party A shall employ personnel with the qualification certificate of _ _ _ system operator to operate the above-mentioned system.
Second, the service mode:
1. Installation service: Party B assists Party A in providing the hardware environment and operating environment for the normal operation of enterprise systems, and Party B is responsible for the installation of Party A's systems to ensure that Party A can issue invoices normally. Party B is responsible for upgrading the anti-counterfeiting tax control system.
2. Training service: Party B is responsible for providing technical training for Party A's system operators, and those who pass the training will obtain the qualification certificate of system enterprise operators; The certified personnel are transferred from their posts.
After the appointment, Party A shall assign other personnel to participate in the technical training organized by Party B. Regarding the technical training fees, rights and obligations of both parties, Party A and Party B shall sign a technical training contract separately as appropriate.
3. Telephone service: Party B shall set up a special customer service telephone to provide Party A with all-weather telephone technical support services, answer Party A's related questions and guide Party A to troubleshoot, so as to meet Party A's service requirements. The customer service telephone number of Party B's special line is _ X-____.
4. On-site maintenance: For problems that cannot be solved by telephone consultation, Party B shall respond within 24 hours, and send special personnel to Party A's site for troubleshooting. The processing period of general faults shall not exceed one working day, and special and difficult faults may be appropriately extended according to the situation.
5. Return visit service: _ Within one month after Party B installs the debugging system for Party A, Party B shall arrange at least one telephone return visit service; Party B promises to provide on-site service at least once a year.
6. Maintenance of special equipment: When the special equipment used by Party A is damaged, Party B promises to replace it free of charge within one year from the date of purchase by Party A (unless it is damaged by human factors). After the one-year purchase period expires, Party B shall be responsible for providing maintenance services, but Party A shall immediately settle the expenses incurred by Party B's maintenance services.
Third, the service fee standard:
1. During the operation of Party A's system, Party A shall pay Party B the annual technical service fee, amounting to _ _ _ _ _ _ _ _ _ _ _ _.
2. The payment standard is _ _ _ _ _ _ _ _ Yuan/Taiwan/year, * * _ _ _ _ _ _ _, and the total annual technical service fee is _ _ _ _ _ _ _ _.
Four. Liability for breach of contract:
1. Party B shall not terminate the service to Party A without reason, otherwise Party B shall pay a certain amount of compensation to Party A;
2. Party A has the right to complain to Party B or the competent tax authorities about Party B's service quality or technical service engineers and other personnel. Party B shall notify Party A of the handling result in time after verifying the complaints and the persons complained.
3. When Party A's system can't be used normally due to the following circumstances, Party B is only responsible for restoring the normal operation of the system and will not bear the losses caused thereby:
(1) is caused by the operation of personnel with graduation certificate of enterprise operators without system;
(2) When the operator misoperates;
(3) Dismantling special equipment without authorization, causing damage to special equipment;
(4) At the request of Party B, when the anti-counterfeiting tax control system is moved, data loss and software damage are caused;
(5) The computer is infected with a virus;
(6) Other uncertain products or services provided to Party B are caused by defects;
(7) Force majeure (such as sudden power failure) and other reasons.
If Party A needs to replace the relevant equipment of the system, Party A shall pay Party B the cost of replacing the equipment.
4. If Party A fails to pay the annual service fee agreed in Article 3 of this contract to Party B, it shall pay Party B a penalty of 0.5% of the annual service fee for each day overdue; If Party A fails to fully fulfill its payment obligations within 30 days, Party B has the right to terminate this contract unilaterally, and Party A shall pay Party B 30% of the total contract price agreed in this contract as liquidated damages.
Five, Party A's own equipment failures and troubleshooting:
When Party A's own computer and printer break down and Party B needs to provide services, both parties shall separately agree on the service fee.
Settlement of contract disputes of intransitive verbs;
All disputes arising from this contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the Arbitration Commission for arbitration.
Seven. Term of contract:
The term of this contract is from year to year.
Eight. Supplementary agreement:
For matters not covered in this contract, both parties may sign a supplementary agreement through consultation.
Nine. Others:
1. The title of this contract is for convenience only, and all meanings of this contract shall be subject to the terms of the contract.
2. This contract shall come into effect after being signed and sealed by both parties; This contract is made in duplicate, one for each party, with the same legal effect.
Party A (seal): Party B (seal):
Legal representative or entrusted agent: legal representative or entrusted agent: date of signing: date of signing: date of signing.
Model computer technology service contract 3
Party A:
Party B:
1. Term of office: YY YY YY.
Two. Responsibilities and obligations of both parties:
A. responsibilities and obligations of party a
1. A 1-2 system administrator must communicate with Party B. ..
2, establish and improve the network operation and operation management system, it is strictly prohibited to non-staff mount guard operation, to prevent the damage of network equipment and network data loss and destruction; It is strictly forbidden for operators to use the workstation floppy disk drive for any copying to prevent virus infection.
3. Require the operators of all departments to operate in strict accordance with the prescribed operating procedures. When illegal operations such as misoperation occur, which affects network operation and data errors, it should be reported to the system administrator in time. Some system administrators will contact Party B and inform Party B to carry out technical treatment.
4. Pay all expenses in time according to the contract.
B. responsibilities and obligations of party b
1. Party B undertakes the following technical services:
Database system software maintenance
A, sorting out the database and removing data garbage;
B. optimization of database system;
C. backup and dump of database data;
D. Reinstallation of database system.
Maintenance of application software of HIS system
1. Maintain the existing functions of the software to ensure the correctness and reliability of the data;
2. Diagnose, detect, analyze and handle the faults of the existing functions of the software;
3. When data errors or faults occur, be responsible for detection and analysis, and troubleshoot as soon as possible;
4. Applicability modification of the software (excluding new functions);
5. Be responsible for detection and analysis before the overall speed decline of the system affects the business, and make preventive treatment as soon as possible to ensure the normal operation of the HIS system;
6. Assist Party A to deal with possible cheating events, and be responsible for investigating cheating means, cheating process, cheating method, cheating time and cheating amount of cheaters;
7. Party A must ensure the normal operation of the current hospital information system.
C. Mode of service:
1. Telephone technical support and remote technical support.
2. Technician on-site service.
3. During the contract period, check whether the server work log works normally twice a year and record it; If there is a problem, we will provide services at different times according to the size of the fault.
4. Check the database backup at 2 o'clock every year, and provide suggestions for database security backup.
5. Call the hospital data regularly according to the memory of the server;
6. Visit twice a year: check whether the data report is accurate and consistent; Whether the server partition is reasonable, whether the memory meets the needs of the hospital, the normal backup situation, whether there are security risks, and provide reasonable suggestions;
7. Investigate all kinds of problems existing in hospital information system in time and put forward reasonable suggestions;
8. In order to facilitate the work, in the process of using the existing information system, modify the applicable software proposed by the Chinese medicine hospital;
D. service response time:
1. Network interruption and various faults that seriously affect the system operation, service response time 1 hour, resolved within one working day.
2. Network failure or application server failure of several functional modules, the service response time is 2 hours, and it will be resolved within two working days.
3. General network and software failures, with service response time of 4 hours and solution within 4 working days.
Three. Technical service fee and payment method
1. Technical service fee.
2. Payment method: Pay in two installments, RMB yuan before the month of each year and RMB yuan before the month of the following year.
Four. Contract disputes and their handling: during the execution of the contract, if there is any dispute between Party A and Party B, it shall be settled through consultation; If negotiation fails, it shall be handled according to legal procedures.
Verb (abbreviation of verb) Other matters not covered shall be settled by both parties through consultation.
This agreement is made in duplicate, one for each party.
Seven. This contract shall come into effect after being signed and sealed by both parties.
Eight, after the expiration of the contract, if both parties have no objection, the contents of the contract will continue to be postponed.
Party A: Party B:
date month year
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