Date of signing the contract: year month day.
Place of signing the contract: city and county (district/city)
Customer (hereinafter referred to as Party A)
address
Trustee (hereinafter referred to as Party B)
address
In view of the need of system implementation, Party A and Party B, as both parties to the contract, authorize their representatives to sign this contract according to the following terms through friendly negotiation.
Chapter I Definition
1. 1 Party A refers to
1.2 Party B refers to
1.3 One party to the contract refers to Party A or Party B..
1.4 Contract between Party A and Party B
1.5 contract refers to the text of this contract and its annexes, which constitute an integral part of this contract.
1.6 technical documents refer to all technical parameters, manuals, proprietary materials and other documents related to the operation and inspection of the contract system specified in the contract.
1.7 service refers to the technical support that Party B shall undertake according to the contract. Such as system implementation, trial operation, technical training, system maintenance and other relevant obligations required by Party B in this contract.
1.8 The site refers to the place designated by Party A to install the contract system. 1.9 Installation refers to the installation and deployment of application software implemented by Party B.
1. 10 testing refers to the testing of part or the whole system by Party B's technicians according to the design requirements of the contract system after the system installation is completed.
1. 1 1 Contract system refers to the system that Party A entrusts Party B to deploy and implement.
1. 12 initial inspection refers to the acceptance of the contract system functions by Party A according to the acceptance criteria after Party B completes the system installation and debugging. If the functions of the contract system meet all the technical indicators required by the contract, Party A and Party B will sign the preliminary inspection report.
1. 13 trial operation refers to the continuous and stable operation of the contract system for several months from the second day after signing the preliminary inspection report. During the trial operation, the contract system shall continuously meet all requirements specified in the contract.
1. 14 Final acceptance refers to the acceptance of the contract system by Party A according to the acceptance criteria after the trial run. Check whether the contract system meets all technical indicators required by the contract.
1. 15 system implementation final inspection report refers to the acceptance confirmation signed by both parties after the final inspection is qualified.
1. 16 emergency treatment means that in case of emergency, Party B sends experts to Party A's site for technical support according to Party A's requirements. At the reasonable request of Party A, Party B shall make emergency treatment.
1. 17 Software update refers to program modification and correction of application software according to the fault reports and requirements of both parties ... Software update will not significantly change the program index, and does not include version upgrade. Software updates must be approved in writing by the software copyright owner.
1. 18 version upgrade refers to Party B's major improvement of the contract system. These main improvements are to expand, change and strengthen the contract system by increasing functions and performance and retaining the design purpose of the original program. Version upgrade must be approved in writing by the software copyright owner.
1. 19 days refers to calendar days, unless otherwise specified.
Chapter II Subject Matter of Contract
2. 1 Party A entrusts Party B to provide technical services for this project, and Party B agrees.
2. 1. 1 technical service object
2. 1.2 technical service objectives
2. 1.3 Specific items and standards of technical services provided by Party B ... including: technical guidance and training service standards.
(2) System maintenance service standard, installation and debugging standard, regular inspection and maintenance standard, software and hardware upgrade standard and technical consultation standard.
(7) Standard data backup and deletion standards for fault diagnosis and troubleshooting.
2. 1.4 Party B shall complete the technical services of this project according to the following requirements.
(1) technical service location
(2) Technical service period
(3) Technical service quality requirements
(4) Technical service quality requirements are as follows:
2.2 Party B shall complete the technical services of the project according to the following schedule.
(1) Preparation stage: Within days after the signing of this contract, Party B shall immediately make a plan to provide technical services for the project, complete and submit the technical service plan (or technical service plan), which shall be deemed as completed after being signed by both parties.
(2) Technical service implementation and initial inspection period: the technical service plan will enter the implementation stage after being approved by Party A. After Party B completes the technical service or phased technical service, it will submit an application report for initial inspection to Party A, and Party A will accept the technical service provided by Party B according to the initial inspection standard. After the acceptance, Party A and Party B will sign the preliminary inspection report of the technical service of the project as the completion of this stage. Time requirement
(3) Trial operation period: the second day after the initial inspection is the starting point of the trial operation period, which lasts for one month.
(4) Final inspection: At the end of the trial operation period, Party B submits an application for final inspection to Party A, and Party A accepts the technical services provided by Party B according to the final inspection standard. After the acceptance, Party A and Party B sign the final inspection report of the technical service of the project, which is regarded as the completion of this stage.
(5) Maintenance period: After the technical services provided by Party B have passed the final inspection by Party A, according to the nature of the service items, if relevant follow-up services are needed later, the maintenance period is months, counting from the day after the final inspection.
Chapter III Liability of Party B
3. 1 party b shall complete all technical services and other work agreed in the contract according to the time schedule required by the contract, and party a may send relevant personnel to participate.
3.2 Party B shall appoint skilled and experienced technicians to undertake this technical service project, set up a project team, and designate special personnel to be responsible for overall coordination and leadership. Members of the project team must be approved by Party A.
3.3 The project team members should generally be fixed. If it is necessary to adjust the members of the project team, Party B must notify Party A in writing in advance and get Party A's consent, otherwise it will be regarded as a breach of contract.
3.4 If Party A deems it necessary, Party B shall replace the members of the project team in time according to Party A's requirements.
3.5 Provide Party A with technical documents (hereinafter referred to as technical documents) such as operation instructions, inspection and maintenance manuals related to service projects.
3.6 Party B guarantees that the technical documents it provides to support the operation and maintenance of the contract system are complete, clear and correct.
3.7 Without the consent of Party A, the rights and obligations stipulated in this contract shall not be transferred to a third party without authorization.
3.8 Other responsibilities
Chapter IV Cooperation Matters of Party A
4. 1 Party A shall provide Party B with the following assistance or technical information:
4. 1. 1 list of technical service standards and technical data
4. 1.2 Accrual time and method:
4.2 Select management personnel and technical personnel familiar with the business to cooperate with Party B in executing the contract.
4.3 Participate in the whole process of the project, provide conditions and support for Party B to complete the technical service project, and organize relevant personnel to participate in the acceptance at all stages in time.
4.4 Other cooperation matters
Chapter V Price
5. 1 The total service price of this contract project (hereinafter referred to as the total contract price) is RMB Yuan only (in words). The total contract price includes but not limited to system installation and debugging fees, acceptance fees, technical guidance and training service fees, technical consulting fees, system maintenance fees, taxes and other fees, as well as unexpected risks and losses during the performance of the contract, and Party A does not need to pay any other fees.
The total price of the above contract is fixed and will not be changed unless otherwise agreed in this contract.
5.3 The currency under this contract is RMB.
Chapter VI Terms of Payment
6. 1 All payments under this contract shall be paid by the following payer according to the payment share agreed in Article 6.2. The payer list is as follows (hereinafter referred to as the payer): The payment distribution agreement of the payer is as follows.
3 Payment progress
3. 1 Within the day after the signing of this contract, all payers will pay their respective payment shares to Party B by bank transfer after receiving the following documents from Party B and confirming that they are correct.
(1) One original invoice corresponding to the payment amount at this stage, with the service name indicated on the invoice.
(2) Other documents
6.3.2 Within days after the technical service plan is signed and confirmed by Party A, each payer shall pay% of its share to Party B by bank transfer after receiving the following documents from Party B and confirming that they are correct.
(1) One original invoice corresponding to the payment amount at this stage, with the service name indicated on the invoice.
(2) One original of the project technical service plan signed by both parties.
(3) Other documents:
6.3.3 Within days after the technical service of the project is completed and passed the preliminary inspection, the payer shall pay their respective payment shares to Party B through bank transfer after receiving the following documents from Party B and confirming them to be correct.
(1) One original invoice corresponding to the payment amount at this stage, with the service name indicated on the invoice.
(2) Original 1 copy of the preliminary inspection report of the target technical service signed by both parties, and the acceptance result is qualified.
(3) Other documents:
6.3.4 Within days after the technical service of the project passes the final inspection, each payer shall pay% of their respective payment shares to Party B by bank transfer after receiving the following documents from Party B and confirming that they are correct.
(1) One original invoice corresponding to the payment amount at this stage, with the service name indicated on the invoice.
(2) Original 1 copy of the final inspection report of the project technical service signed by both parties and qualified in the acceptance result.
(3) Other documents
6.3.5 After the technical service maintenance of the project expires, each payer shall pay the balance to Party B by bank transfer after receiving the following documents from Party B and confirming that they are correct.
(1) An original invoice corresponding to the balance of each payer, marked on the invoice.
Naming service.
(2) One original notice of payment balance signed by Party A. ..
(3) Other documents
6.4 The invoice of each payer shall be issued separately.
6.5 Both parties agree to pay the contract money under this contract by bank transfer to the following bank account designated by Party B..
account name
bank of deposit
account number
6.6 Both parties agree that Party A has the right to directly deduct Party B's liquidated damages and compensation from the contract price by itself or by instructing the payer.
6.7 Each party to this contract shall bear its own tax liabilities, and Party A shall not jointly bear Party B's tax liabilities due to the signing of this contract. If losses are caused to Party A, Party B shall compensate the above losses. During the performance of the Contract, Party B shall not evade taxes, smuggle or commit other illegal acts.
Chapter VII Technical Guidance and Training
7. 1 In this contract, if both parties agree that Party B shall provide technical guidance and training services, the provisions of this chapter shall apply.
7.2 Party B shall, according to Party A's requirements, provide free technical guidance and training for the personnel designated by Party A during the free maintenance period after system implementation, initial inspection, trial operation, final inspection and acceptance, and provide technical services related to the use of the contract system.
(1) technical services and guidance contents:
(2) technical guidance and training places
7.3 Other training service agreements:
Chapter VIII System Maintenance Services
8. 1 If both parties agree that Party B shall provide system maintenance services in this contract, the provisions of this chapter shall apply.
8.2 Both parties agree that the contract system will enter the system maintenance period after the final acceptance, and Party B will provide Party A with the system maintenance service for months, and the maintenance service fee has been included in the total contract price.
8.3 The service object of system maintenance service is the service object agreed in Article 2. 1. 1 of this contract.
8.4 During the system maintenance, Party B shall provide the following maintenance services within the response time agreed in this contract:
(1) Troubleshooting service: When the system fails, Party B is responsible for timely handling and troubleshooting the problems in the contract system to ensure the normal operation of the contract system.
(2) System fault diagnosis service: When the contract system fails, Party B has the responsibility to respond to Party A's requirements, diagnose the system fault, and handle and eliminate the fault in time.
(2) System application guidance: guide customers to set up and operate the system, and improve the system application ability.
(3) Daily maintenance service: provide daily maintenance required to ensure the normal operation of the contract system, and arrange on-site routine maintenance at least once every quarter.
(4) Data backup support services
(5) Technical consulting services: providing Party A with daily technical consulting services for contract system application software and other related new technologies and businesses.
(6) According to Party A's environmental change requirements, provide services such as data migration for system redeployment and replacement and upgrade services for Party B's latest mature software products free of charge.
() Add, delete and modify system data remotely or on site.
8) Provide software update and version upgrade services according to the written authorization of the software copyright owner (signing this contract does not constitute authorization).
(9) Others:
8.5 During the free maintenance period, the requirements for Party B's service response time are as follows: Party B provides technical support services for 7 to 24 hours. If there is a system failure in the contract system, Party A shall notify Party B by telephone or fax, and Party B's engineer shall give a reply within minutes. If Party A requests emergency treatment, Party B shall arrive at the site within hours after receiving Party A's notice, and at the site of the local company within hours (traffic conditions permit).
8.6 Other Free Service Agreements
Chapter IX Confidentiality Agreement
9. 1 All undisclosed information about Party A, including project information, data, business information, business process, data information, human resources and technical information, obtained or known by both parties in the course of cooperation, is Party A's business secret, and its confidentiality shall be strictly observed. Without the prior written consent of Party A, Party B shall not disclose Party A's business secrets or materials and information provided by Party A to a third party or use them for other purposes other than the performance of this contract. Otherwise, Party A has the right to require Party B to bear all losses caused thereby, and reserves the right to pursue legal responsibilities.
9.2 The term of the above confidentiality obligation shall be from the date when Party A becomes aware of the data or information to the date when the public obtains and knows the relevant data and information through legal channels.
3 Party B promises to return the materials and documents (including electronic documents, etc.). ) Party A shall provide it to Party B intact at the termination of this contract. If it cannot be returned, it shall be sold.
9.4 Others:
Chapter X Intellectual Property Rights
10. 1 Party A and Party B promise not to infringe upon the intellectual property rights of others during the implementation of this project, otherwise they will bear the responsibilities and compensate the losses caused to the other party.
10.2 Without the prior written permission of Party A, Party B shall not copy, modify, transfer, use or provide it to others in any way. If Party B violates the provisions of this article, it shall compensate Party A for the losses suffered as a result.
10.3 others:
Chapter II XI Liability for Breach of Contract
1 1. 1 Party A's liability for breach of contract
(1) If Party A or the payer designated by Party A fails to make payment without justifiable reasons, Party A shall pay Party B liquidated damages every day according to the regulations of the People's Bank of China on overdue payment, and the total amount of liquidated damages shall not exceed 5% of the total contract amount.
(2) If the cooperation items provided by Party A according to Chapter IV of this contract have major defects, resulting in the stagnation and delay of research and development, Party A shall be responsible for the delay of the construction period.
(3) 1.2 Party B's liability for breach of contract
(1) If Party B fails to complete the technical service of the agreed project according to the schedule agreed in Chapter II of this contract, Party B shall pay a penalty of 0.0000 of the total contract price for each day overdue. If a single stage cannot be completed within the overdue date, Party A has the right to terminate the contract. When Party A terminates the contract, Party B shall refund all the paid amount and compensate Party A for the losses.
(2) If the members of Party B's project team fail to pass Party A, they shall pay liquidated damages to Party A. ..
(3) If the service response of Party B is unsatisfactory as stipulated in Article 8.5 of this contract, Party B shall pay liquidated damages to Party A every time it happens, and Party A has the right to terminate the contract. If Party A and its subordinate enterprises suffer losses due to untimely service response, Party B shall be responsible for compensation.
(4) During the maintenance process, Party B shall make a good backup of Party A's system data.
If data is lost during maintenance, Party B shall be responsible for fully recovering the data. If it cannot be recovered, Party B shall compensate Party A for the loss caused by data loss.
(5) If Party B violates the provisions in Article of this contract, it shall (the calculation method of payment of liquidated damages or damages).
(6) Other agreements.
(7) If Party A exercises the right to terminate the contract, the objection period of Party B is seven days. The payment of the above liquidated damages does not exempt Party B from its service obligations, nor does it exempt Party B from its responsibility to install and implement the system and make the system run up to the qualified standards.
Chapter XII Force Majeure
12. 1 If either party is unable to perform the contract in whole or in part due to force majeure events such as war, serious fire, flood, typhoon and earthquake, the time limit for performing the contract shall be extended, and the extended time limit shall be equivalent to the time affected by the event. Force majeure refers to the unforeseeable accidents that occur when both parties sign the contract, and its occurrence and consequences are inevitable and insurmountable.
2.2 The party affected by force majeure shall notify the other party by telegram, fax or telex as soon as possible after the force majeure event occurs, and send the certification documents issued by the relevant authorities to the other party by express mail or registered mail on the day of the accident for review and confirmation. Once the force majeure event lasts for more than days, both parties shall reach an agreement through friendly negotiation to solve the contract performance problem within a reasonable time.
12.3 The party affected by the force majeure shall, after providing relevant certificates within a reasonable period of time, be partially or completely exempted from the responsibility for delayed performance according to the influence of the force majeure. Unless otherwise stipulated in this contract or agreed by both parties.
2.4 The party affected by force majeure shall notify the other party by fax, e-mail and other shortcuts within days after the force majeure is terminated or eliminated, and resume the performance of this contract as soon as possible. Unless otherwise stipulated in this contract or agreed by both parties.
Chapter XIII Dispute Resolution
13. 1 This contract is drafted and written by all parties through friendly negotiation on the basis of equality. The interpretation of this contract shall not take into account any rules that require adverse interpretation of the party drafting the contract.
13.2 in case of any dispute during the performance of the contract, all parties shall settle it through consultation. If negotiation fails, both parties can resolve the dispute in the following ways (only one can be selected).
13.2. 1 Bring a lawsuit to the people's court where Party A is located.
13.2.2 Apply to the Arbitration Commission for arbitration.
Chapter XIV Notification and Contact Information
4. 1 Unless otherwise agreed in this contract, all notices and requirements of either party for the performance of this contract or related to this contract shall be in written form, and shall be directly delivered or notified to the legal representative or project contact person of the other party at the contact address agreed in 15.
14.2 During the validity of this contract, Party A is designated as the project contact person and Party B is designated as the project contact person. If one party changes the project contact person, it shall notify the other party in writing within working days. Those who fail to fulfill the obligation of informing shall bear corresponding responsibilities.
4.3 contact information
Legal name of Party A
Legal representative:
Unit address
telephone
facsimile
Legal name of Party B:
Legal representative:
Unit address
telephone
facsimile
14.4 notices and requirements issued under this contract shall be deemed to have been effectively delivered under the following circumstances.
(1) If it is submitted by a special person, it will be delivered when it is submitted to the legal representative and project contact person.
(2) If it is delivered by letter, the legal representative of one party to the contract, the project contact person or the staff in the office and mailroom shall sign the receipt of delivery registration or receipt.
14.5 In case of any change in the contact information of either party, it shall notify the other party in writing in time, otherwise the written documents sent by one party to the other party according to the original contact information will still be deemed as delivered.
Chapter XV Special Terms and Conditions and Entry into Force of the Contract
15. 1. 1 Party B shall pay a deposit of RMB to Party A on the day of signing this contract.
Unless otherwise agreed in this contract, the deposit shall be returned to Party B without interest within 10 days after the termination of this contract.
15. 1.2 Other special terms.
15.2 If the special terms and conditions are inconsistent with other terms and conditions, the special terms and conditions shall prevail.
This contract shall come into effect as of the date of sealing by both parties. After the Contract comes into effect, if the contents of negotiations and statements, letters of intent, memoranda and other relevant documents signed by both parties are inconsistent with this Contract, this Contract shall prevail.
15.4 this contract contains the following annexes:
Attachment 1
Annex 2
Annex 3
other
15.5 both parties to the contract agree that all annexes are an integral part of the contract and have the same effect as the text of the contract. If the annex is inconsistent with the contract text, the contract text shall prevail.
15.6 Any modification or supplement to the contents of the contract shall be made in writing and signed by all parties. Sign a written document separately, which is an integral part of this contract and has the same effect as this contract.
The following documents shall be interpreted as an integral part of this contract. If there is any ambiguity or inconsistency in the contract documents, it shall be judged in the following priority order:
(1) this contract and its annexes
(2) Letter of Acceptance (if any)
(3) Bidding documents (if any)
(4) Bidding documents (if any)
(5) Others:
15.8 this contract and its annexes are both in Chinese, with one original, and each copy has the same legal effect.
(The following is the signature page, without text)
Party A (seal)
Legal representative (signature)
(or authorized agent)
Party B (seal)
Legal representative (signature)
(or authorized agent):
Legal basis:
Article 878 of the Civil Code refers to a technical consulting contract in which one party provides the other party with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report on a specific technical project with technical knowledge. Technical service contract is a contract concluded by one party to solve specific technical problems for the other party with technical knowledge, excluding contract and construction project contract.