Technical consulting service refers to the agreement that the consultant provides professional consulting service for the client with his own technology and labor services, and the client must pay remuneration.
The contract is as follows:
1. The technical consultation contract has its specific adjustment object in the technical field, that is, the civil legal relationship arising from the completion of scientific research activities such as feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report of a technical project.
2. The purpose of performing the technical consultation contract is: the trustee puts forward suggestions, opinions and plans for the entrusting party to carry out scientific research, technology development, achievement promotion, technical transformation, engineering construction, science and technology management and other projects for reference when the entrusting party makes decisions, so that the decision and choice of using science and technology can be truly based on science.
3. The technical consulting contract has its special principle of risk responsibility, that is, unless otherwise agreed in the contract, the trustee shall not be responsible for the risk losses caused by the implementation of the consulting report.
Name The name of the project refers to the specific name of the contract subject matter involved in the technical consultation contract. Use concise and accurate sentences to reflect the technical and legal characteristics of a contract, such as a product development technical consulting contract. The project name must be consistent with the content.
Content The parties shall specify the content and characteristics of the subject matter of the contract, that is, what project is the contract for feasibility demonstration, technical prediction or special technical investigation, analysis and evaluation. At the same time, it should also explain the necessity, significance and social and economic benefits of consulting activities. The form of consultation is how the entrusted party answers or completes the technical questions raised by the entrusting party. Both parties shall agree on the indicators and requirements to be achieved by the Trustee in completing the technical consulting contract, as well as the consulting report, technical data and relevant annexes to be submitted.
4. Method of performance: The parties shall stipulate the time limit for performance in the contract, and the entrusting party shall give the other party the necessary preparation time. The place of performance may be set at the location of the entrusting party, or it may be agreed at the location of the entrusted party or other places agreed by both parties. The method of performance can be agreed to adopt feasibility demonstration, technical prediction, special technical investigation and analysis, and the entrusting party submits an evaluation report to the entrusting party.
5. Cooperation matters: The parties may agree that the cooperation matters of the entrusting party include: clarifying the consultation matters and providing the entrusted party with technical background information and relevant technologies and data; Supplementing relevant information and data according to the requirements of the trustee; If there are obvious errors and defects in the technical data and data provided, it shall be revised and improved in time; Provide necessary working conditions for the entrusted party to conduct investigation and demonstration. The agreement on these cooperation matters should be clear and specific, and the specific time, content, quantity and method of providing information and working conditions should be clearly stated. 5. See the confidentiality clause of technical information and data in the technology development contract. Source: Examination University
6. Acceptance technology: Because most of the results of consulting contracts belong to soft science, its acceptance criteria are generally not easy to measure by hard indicators, so it is intangible and difficult to operate. Relevant parties should accept it in a scientific, fair and realistic manner, and should not be too harsh or obviously unfair. The method of acceptance can be agreed to adopt appraisal meeting and expert review, or it can be agreed that the client's approval is regarded as acceptance. No matter which method is used for acceptance, the acceptance certificate shall be issued by the acceptance party.
The remuneration parties shall clearly stipulate the remuneration amount and payment method of technical consultation. If the expenses for the necessary investigation, analysis, demonstration, test and measurement activities of the Consignee are not included in the contract remuneration, both parties shall also agree on the burden and payment method of the expenses.
7. Liability for breach of contract: The parties shall agree on the calculation method of liquidated damages or damages. If there are liquidated damages in the contract, the liquidated damages shall be regarded as damages, and the damages shall not be calculated repeatedly. It can also be specially agreed that if the loss exceeds the amount of liquidated damages, the part with insufficient liquidated damages shall be compensated. The liquidated damages shall not exceed the total remuneration of the contract. The amount of damages shall not be calculated with obvious unfairness.
8. Dispute settlement
The two parties shall agree on the way to solve the contract dispute, and may choose negotiation, mediation, arbitration or litigation to solve the contract dispute. If arbitration jurisdiction is selected, the specific name of the arbitration commission shall be stated; If you choose litigation jurisdiction, you should also agree on the specific jurisdiction court.
To sum up, it includes contracts such as providing feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report for specific technical projects.
Legal basis:
Article 464 of the Civil Code of People's Republic of China (PRC)
A contract is an agreement between civil subjects to establish, change and terminate a civil legal relationship.
Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.