Mode 1 of software project cooperation contract
Party A: Legal Representative: _ _ _ _
Party B: _
Legal representative:
Based on the principle of mutual benefit and common development, Party A and Party B, through friendly negotiation, decided to make full use of their respective advantages, realize complementary resources, and cooperate on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. This contract is specially concluded.
I. Contents and objectives of software project development
1, software project name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Software development contract 2. Content of software project development: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Software project development objectives: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Total amount of software projects: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5. Acceptance period of software project: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Second, the term of cooperation.
Term of cooperation: _ _ _ _ years, counting from _ _ _ _ _ _ _ _ _ _.
Third, the way of cooperation.
1, Party A is responsible for communication and coordination.
2. Party B is responsible for software development, implementation and maintenance after acceptance.
3. Party B has no right to sign any legally responsible documents on behalf of Party A when conducting business negotiations with foreign countries in the name of Party A. If it is necessary to sign, it must be agreed by both parties.
Four. distribution of profits
1. Definition of profit: the contract amount of the project minus taxes and fees stipulated by law.
2. Distribution method: the profit share of Party A and Party B is _ _ _ _ _ _.
Party A: _ _ _ _ _% Party B: _ _ _ _ _%.
3. Party A shall distribute the profits and pay Party B in cash within 15 days after receiving the project development funds.
4. The service fee after software acceptance shall be paid by Party B. ..
Verb (abbreviation of verb) intellectual property
1, the copyright of all works, programs and source files related to this contract belongs to both parties.
2. Party A has the right to use the development results of this project for subsequent development or improvement, and the intellectual property rights arising therefrom shall be enjoyed by Party A. ..
Exemption clause of intransitive verbs
Force majeure (that is, unforeseeable, inevitable, insurmountable and other objective conditions, including but not limited to earthquakes, floods, fires, wars, government actions, etc. If one party fails to perform or delays in performing all or part of its obligations under this contract, the party suffering from force majeure shall not be liable for breach of contract.
If the performance of the contract is delayed due to force majeure, the party in force majeure shall notify the other party within 48 hours from the date of force majeure and provide the certification materials of the relevant departments. For losses caused by force majeure, both parties shall not be liable for breach of contract, except for losses caused by delayed performance of notification obligations. In case of force majeure, one party shall notify the other two parties within 48 hours after the force majeure is eliminated, and the two parties shall negotiate whether to continue to perform the contract.
In case of force majeure, the party with force majeure still has the responsibility to take necessary measures to prevent the expansion of force majeure.
Seven. responsibility for breach of contract
1. Party B's liability for breach of contract:
(1) If the project acceptance cannot be completed within the agreed time due to Party B's reasons, Party B shall pay liquidated damages for delay to Party A in the following ways: from the first week to the fourth week, 0.5% of the total contract price shall be paid for each week of delay, and part of a week shall be counted as one week. From the fifth week, pay 1% of the total contract price every night. The total value of the above overdue liquidated damages shall not exceed 5% of the total contract price. The above overdue liquidated damages shall not affect Party B's obligations.
(2) If Party B transfers or mortgages the ownership of the project to a third party after the signing of this contract but before it is transferred to Party A, Party B shall pay a penalty not exceeding 65,438+00% of the total contract price according to the seriousness of the factual damage caused to Party A.. ..
2. Party A's liability for breach of contract
On the premise that Party B has fulfilled all the obligations stipulated in the contract, if Party A fails to pay the payment in time without justifiable reasons, Party A shall pay the overdue penalty to Party B as follows: from the first week to the fourth week, Party A shall pay the overdue payment 1 every week. Less than a week is regarded as a week. Starting from the fifth week, 2? Pay the total contract price every week late. . The total value of the above overdue liquidated damages shall not exceed 5% of the total contract price. The above overdue liquidated damages shall not affect Party A's obligations, and the service date of Party B to Party A determined in this contract may be postponed accordingly.
Eight. Privacy Policy
Both parties agree not to disclose to the public any information related to this contract that they have learned during the execution of this contract. Without the authorization of both parties, neither party shall disclose or divulge the achievements of this project, data, program codes (except general program codes) and relevant technical documents related to this project to a third party in any form. All materials and documents submitted by one party to the other party during the research and development of this project shall be regarded as business secrets submitted by the enterprise, and the other party shall undertake the obligation of confidentiality.
Party A and Party B agree that this confidentiality clause is valid regardless of whether this contract is modified, dissolved or terminated.
Nine. others
1. Matters not covered in this contract shall be settled by both parties through negotiation.
2. Party B and Party A shall provide Party A with a copy of their ID cards for personal cooperation.
Without the consent of the other party, neither party shall disclose the contents of the contract to any third party.
4. Any modification and supplement to the contents of this contract shall be made in written form and become an integral part of this contract after being signed by authorized representatives of both parties.
Any matters related to this contract but not clearly stipulated in this contract will be settled through friendly negotiation, and both parties will reach a contract.
Entry into force
This contract is made in duplicate, one for each party, and shall come into force after being signed and sealed by both parties, with the same legal effect.
Party A: Foshan Medical Network Tianxia Technology Co., Ltd. Party B:
(Seal) (Seal)
Representative of Party A (signature): Representative of Party B (signature):
Date of signature: year month date of signature: year month day.
Software project cooperation contract mode II
ContractNo.: Contract Name:
Party A:
The first general rule
1) Party A chooses Party B to develop the software system for it, and Party B will develop the software system for Party A in stages according to Party A's requirements within the time specified by Party A. ..
2) Party A and Party B shall make a commitment to Party A on Party B through friendly negotiation in accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations.
For the information system development project, the following terms and conditions are reached. This contract is the first phase of system development.
3) The terms used in this contract are defined as follows:
Service data specification task
Services provided by Party B, such as project management, demand analysis, software development and testing, and consulting, planning, implementation, training, installation, debugging, maintenance and upgrading. System description documents and user manuals provided by Party B to Party A. ..
A comprehensive and complete description of the requirements of information system in terms of function, operation, environment and performance. In order to complete? Scope of contract? Related activities carried out by the Branch. Address: Postal Code: 5 10000 Contact:
Tel: (86-20)87 123456 Fax: (86-20)87 123456.
Party B: (Company Name) Model Outsourcing Contract Address: Postal Code: Contact Person: Tel: Fax: Bank of Account: Account Number:
Article 2 Scope of Contract
Party B shall provide Party A with the services listed in the statement of work according to the requirements of users. Article 3 Price and mode of payment
1) The total contract amount is RMB10,000.00 Yuan, which is the system development cost. 2) Party A shall pay the following payments to Party B in installments:
(1) If Party A pays the contract amount to Party B the day after the signing of this contract, it shall be calculated in RMB (2% after the software requirements development specification is confirmed, it shall be calculated in RMB;
(3) If Party A pays the contract amount to Party B the day after the software meets the standards stipulated in the contract, it shall be calculated in RMB;
(4) Of the remaining contract amount, RMB is used as software quality guarantee, which shall be paid within days after the software is qualified.
(5) Unless otherwise specified, all expenses paid by Party A to Party B shall be paid in RMB (￥) and remitted to the bank account designated by Party B by telegraphic transfer or check according to the payment method specified in this contract.
(6) Both parties agree to pay the relevant taxes and fees arising from the execution of this contract.
Article 4 Working environment
1) In order to perform the tasks specified in the attached statement of work, Party A agrees that Party B's personnel will enter and leave the designated user's workplace according to Party A's management regulations.
2) Party A shall provide corresponding articles according to the date and place specified in the attached statement of work. When implementing the work plan and ending the work task, Party B shall ensure that the goods are in the state of receipt (except for normal wear and tear) and return them to Party A at the end of the work.
3) Any service provided by Party B requires the use of hardware, software and other articles provided by Party A, and Party A shall ensure that it has the necessary licenses, certificates or other documents. Ensure that the related articles can be moved, used, copied, modified, translated, distributed and/or combined with other articles during the execution of this contract and when Party B provides the services specified in the statement of work, without infringing the rights and interests of third parties.
Article 5 changes
1) When either party requests to change the contract, all changes must be submitted in writing and signed by both parties.
2) Any change in the contents of the contract may lead to changes in the scheduled plan, deliverables or expenses. According to the scope and complexity of the change requirements, Party B shall increase or decrease the cost of the work required to realize the change, and notify Party A in writing of the expected cost, which shall be implemented after being confirmed by Party A..
Article 6 Intellectual Property Agreement
1) See the statement of work for the agreement that Party B provides source code to Party A. ..
2) Unless otherwise specified, the products (including source code, programs, documents and materials) sold by Party B to Party A in this contract,
Ownership and copyright belong to Party B. Without Party B's permission, Party A shall not publish documents and source code, and shall not copy, spread, decompile, sell, rent or allow others to use its related programs, documents, source code and decompile. 3) Party B guarantees that the products it sells enjoy legal rights and do not infringe the rights of any third party.
4) Party A can only enjoy the right to use, upgrade, develop and transfer related products according to Party B's regulations. If Party A violates Party B's regulations and national laws, it shall bear relevant legal responsibilities.
Article 7 confidentiality
1) Neither party shall disclose any contents of this agreement to a third party.
2) All documents and materials that need to be kept confidential provided and submitted by both parties to each other according to the provisions of this contract shall be subject to the relevant provisions stipulated in advance. Moreover, without the written consent of the other party, neither party shall disclose the confidential information of the other party (such as technical information and user information) to a third party. Article 8 Termination of the Contract
1) If either party wants to terminate this contract in advance, it shall notify the other party in advance, and it can only be terminated after both parties agree to sign it through consultation. When Party A requests to terminate the contract, it has no right to ask Party B to return the expenses paid by Party A to Party B, and bear the responsibilities for the losses suffered by Party B; When Party B requests to terminate the contract, it shall refund the fees paid by Party A and compensate the losses caused thereby.
2) If the objective circumstances on which this contract was concluded have changed greatly, which makes this contract impossible to perform, both parties may change the relevant contents of this contract or terminate the performance of this contract through consultation.
Article 9 Liability for breach of contract
1) During the execution of this agreement, any party who violates the provisions of this agreement will be in breach of contract. In addition to compensating the observant party, the breaching party shall also bear all expenses incurred by the other party to obtain such compensation, including but not limited to arbitration fees, attorney fees, travel expenses, etc. 2) If either party fails to perform the contract as scheduled, it shall pay 0.05% of the unfulfilled part to the other party as liquidated damages every day. However, the payment of liquidated damages cannot exempt the breaching party from other contractual obligations. 3) If either party fails to perform the contract and is claimed by the other party, the specific responsibility part shall be distinguished. Indeed,
Recognize the responsible party in this part. For other direct or indirect losses such as loss of profits (including the possibility of such losses that both parties have informed in their business dealings), they shall bear their respective responsibilities, and shall not bear the responsibilities of each other.
Article 10 Force Majeure
1) If both parties are unable to perform the contract due to force majeure, the time for performing the contract shall be delayed accordingly, and the delay time shall be the same as the duration of the force majeure, so the contract price shall not be changed. 2) After the occurrence of force majeure, both parties shall immediately notify each other and take necessary measures to cooperate closely to reduce the impact.
3) Force majeure refers to turmoil, typhoon, earthquake, flood and other unforeseen circumstances agreed by both parties.
Article 11
Notification method
Any notice (including but not limited to statements, requests, demands, notices and memos, etc.). ) should be in written form. Both parties are obliged to sign the notice sent by the other party. If one party refuses to sign for it, the other party only needs to provide evidence to prove that it has served the relevant notice to the postal department at the address listed in this agreement, and it will be deemed to have served the relevant notice to the other party the day after it is delivered to the postal department. If one party does not object to the facts or requirements stated by the other party in the notice within three working days after receiving the notice, it shall be deemed that the other party has acknowledged or accepted such facts or requirements. If either party changes its business address, it shall notify the other party within three working days after the change.
Article 12 Settlement of disputes
Any dispute related to this contract shall be settled by both parties through consultation on the principle of mutual trust and sincerity. If no agreement can be reached through negotiation, it can be submitted to Guangzhou Arbitration Commission for arbitration. Article 13
Contract validity
1) This contract is made in quadruplicate, with Party A and Party B holding two copies respectively, and shall come into effect as of the date of signature and seal by both parties.
2) This contract is protected by the Contract Law of People's Republic of China (PRC), and matters not covered herein shall be subject to the Contract Law of People's Republic of China (PRC).
3) For matters not covered in this contract, both parties may sign a supplementary agreement separately, and the supplementary agreement has the same effect as this contract.
Article 14
Annex to the contract
The annex to this contract is an integral part of this contract, and once signed, it has the same legal effect. Attachments include: attachment 1 user requirements and attachment 2 statement of work.
Party A:
Signature Representative: Position: Signature:
Party B:
Signature Representative: Position: Signature:
Date of signing: Date of signing:
Software project cooperation contract mode 3
Party A: * * * * Co., Ltd.
Party B (service provider): * * * * Technology Co., Ltd.
Based on the principle of mutual trust and sincere cooperation, Party A and Party B have reached an agreement on providing technical support services to Party A through friendly negotiation, and hereby sign this contract.
I. Maintenance Purpose
Through the standardized maintenance of software, help customers use, manage and maintain the application software correctly, solve the problems in the operation of the application software, and ensure the normal and stable operation of the application software. Second, the maintenance content
Due to the rapid update of computer hardware, operating system and database, the system needs to be upgraded in time to keep up with the pace of computer technology upgrade.
Software maintenance classification: 1, perfect maintenance.
It mainly includes: module function expansion, module function modification, user new function training and so on.
2. Adaptive maintenance
Mainly includes: database upgrade, server operating system upgrade, server hardware upgrade, etc.
3, data disaster maintenance
Mainly includes: data backup, data recovery, system recovery, etc.
4. The demonstration contract of network security maintenance project mainly includes: network hacker attack analysis, server security configuration, network fault recovery, etc.
5. Daily maintenance
It mainly includes: daily use troubleshooting, user training, database emptying in the new year and previous database backup.
Third, the maintenance task
1 and * * * * Maintenance of all software modules involved in the software system.
2. Maintain the server software environment where the system runs.
3. Maintain the security environment of the server network where the system runs.
Four. Interpretation of contract application
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. ..
Verb (abbreviation of verb) Party B shall provide maintenance list and charging standard.
5. 1 Standard maintenance list provided by Party B.
5.2 List of customized services provided by Party B
The maintenance method provided by party b for intransitive verbs
6. 1 Maintenance process
The standardized software maintenance service process is shown in the following figure:
6.2 Description of maintenance methods
Hotline support: refers to the process that Party B's service personnel provide users with answers to technical questions by telephone. Party B shall provide working day hotline support service at 9: 00? 17:30。 Hotline: * * * * * * *. .
On-site maintenance: refers to the process that Party B sends technicians to the user's site to solve problems. Party B shall provide on-site service at least twice a year; Optimize the system operation around June 30th every year; Every year from 65438+February to 3 1, the database is backed up and the new annual database service is enabled to ensure the normal operation of the system.
Remote maintenance: refers to the process in which Party B's technicians remotely assist users to solve problems through the network. Party B shall provide working days.
Remote maintenance service, working day service time: 9: 00? 17:30。
Function improvement: refers to upgrading and improving the software functions according to Party A's requirements. Party B guarantees to improve the functions and upgrade the software according to the needs of users.
Seven. Party B's Maintenance Commitment
Party B shall respond and provide services within the same day after receiving Party A's software service request by telephone, letter, fax and email.
The services provided by Party B to Party A must be carried out in accordance with the service contents stipulated in the contract.
Eight. Specific maintenance contents provided by Party B for Party A
8. 1 standard maintenance contents annual standard maintenance contents of Party B: maintenance contents of Party A's administrator:
8.2 Both parties negotiate to customize the maintenance content.
Nine. Party A's responsibilities
Party A shall ensure that a special person is responsible for the use and management of the software.
Party A shall establish relevant systems to ensure the safety of software operating environment (including servers, computers, printers and related hardware equipment) and provide guarantee for the normal operation of the software.
Party A shall regularly back up the system and properly keep the backup data.
If Party A finds any abnormality in the software during the application, it shall contact Party B in time and record the current failure phenomenon so that Party B can diagnose it.
After the service of Party B's service personnel is completed, Party A shall cooperate to check whether the software system is running normally.
X. charging method and contract term
Total annual standard maintenance fee: ￥ * * * * (in words: RMB * * * *). Customer maintenance fees shall be settled separately.
The contract is valid for two years, from September 1 day, 2065438 to August 3 1 day, 2065438, and will automatically terminate upon expiration.
After the expiration of the contract, both parties negotiate that Party A may require Party B to continue to provide software operation and maintenance services, but both parties need to sign a new service contract.
Payment method: annual payment. Before 65438+February 3 1 every year, Party B will issue a formal invoice to Party A, and Party A will pay the annual maintenance fee for Party B's system.
Xi。 Bank information of Party B's account
* * * * * XI。 settlement of dispute
Party A designates the person in charge of the maintenance project;
Party B designates the person in charge of the maintenance project; Designate the contact person for this maintenance project;
If Party A and Party B have any objection to the understanding of the terms of this agreement, or have disputes over related matters, both parties shall negotiate in the spirit of friendly cooperation.
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).
Twelve. others
Matters not covered in this contract shall be agreed in writing by Party A and Party B after consultation. As supplementary terms of this contract, they have the same legal effect as this contract.
Any modification or change to the contents of this contract shall be made in writing and shall take effect after being signed by both parties.
This contract is the only formal agreement between the two parties. Any other plans, oral explanations, letters, faxes and emails related to this project shall be subject to this contract.
This contract is made in quadruplicate, with Party A and Party B holding two copies respectively.
Party A: legal representative (seal) of * * * * Co., Ltd. or
Authorized Agent: Address: * * * Tel: Date: 20 12.
Party B: legal representative (seal) of * * * * Technology Co., Ltd. or