Simple technical service contract mode, with the gradual development of China's economic level, there will be contracts on many occasions in China, which can better protect the interests of people and citizens. The following is a simple technical service contract model, hoping to help everyone's life.
Simple technical service contract 1
Project name: _ _ _ _ _ _ _
Customer: _ _ _ _ _ _
(Party A)
Service Provider: _ _ _ _ _ _
(Party B)
Signing place: province, city (county)
Date of signature: year month day.
Validity period: year month day to year month day.
According to the provisions of People's Republic of China (PRC) Technology Contract Law, both parties to the contract sign this contract for the technical service of _ _ _ _ _ _ _ _.
I. Service contents, methods and requirements:
(For the technical training contract, the training contents and requirements, training plan and progress shall be filled in; Is a technical intermediary contract should fill in the intermediary content and requirements)
Second, the working conditions and cooperation matters:
Three. Time limit, place and method of performance:
Four, acceptance criteria and methods:
Technical services or technical training shall be accepted according to standards and methods, and Party A shall issue the acceptance certificate of service or training items.
The warranty period of the service items in this contract is. If defects in service quality are found during the warranty period, the Trustee shall be responsible for rework or take remedial measures. But it does not include the problems caused by improper use and storage by the entrusting party.
Verb (abbreviation of verb) remuneration and payment method:
(1) The remuneration for this project is (service fee or training fee): RMB.
The expenses required for the Trustee to complete professional technical work and solve technical problems shall be borne by the Trustee.
(2) The activity fee of the intermediary in this project is RMB, which shall be borne by the intermediary.
The remuneration of the intermediary is RMB, which shall be paid by the intermediary.
(3) Payment method (according to the following options):
① One-time payment: RMB, time:
② Installment payment: RMB, time:
Yuan, time:
③ Other ways:
Six, the calculation method of liquidated damages or damages:
If the technical service violates this contract, the breaching party shall bear the liability for breach of contract in accordance with Articles 98 and 99 of the Regulations for the Implementation of the Technology Contract Law.
If the technical training violates the contract, the breaching party shall bear the liability for breach of contract in accordance with the provisions of Articles _ 105 and _ 106 of the Regulations for the Implementation of the Technology Contract Law.
Where a technical intermediary breaches a contract, the breaching party shall be liable for breach of contract in accordance with the provisions of Articles 112, 113 and 114 of the Regulations for the Implementation of the Technology Contract Law.
VII. This contract is made in duplicate, with each party holding one copy.
According to the content of the above article, we can know that the legal act of technical services also needs to conclude a contract. Moreover, the technical service contract should be concluded according to the format and content of the text, so as to facilitate the signing of the contract.
Party A (signature): _ _ _ Party B (signature): _ _ _ _
Legal representative (person in charge) Legal representative (person in charge):
Authorized representative: authorized representative:
Customer (Party A) of Simple Technical Service Contract II: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Person in charge of the enterprise: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Trustee (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (person in charge): _ _ _ _ _ _ _ _ _ _ _ _
1, general provisions
In accordance with the Contract Law of People's Republic of China (PRC) and other existing laws and regulations, and in line with the principles of voluntariness, equality, honesty and credibility, both parties have reached an agreement on the technical service project of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Service content and methods
2. Service content of1:Party B provides Party A with a set of equipment defect management system software.
2. Service mode: 1. On-site technical support; 2. Telephone technical support and email technical support; 3. Network remote technical support; 4. The software will be upgraded free of charge within one year from the date of system operation acceptance.
2.3 Technical requirements and indicators/standards for examination and acceptance of technical services: The acceptance is based on the Technical Specification for Equipment Defect Management System confirmed by both parties.
3. Service period, place and timetable.
3. 1 service period: within 60 days after the signing of this contract.
3.2 Service location: Party A's information center.
4. Provision of information
4. 1 Technical materials and data that Party A should provide to Party B: organization chart, personnel list, work form and workflow, work standard management documents, etc.
4.2 Information that Party B should provide to Party A:
A set of "equipment defect management system" software and related product manuals.
5. Time, place and method of acceptance
5. 1 After Party A completes the installation and debugging within the service time of Party B, and after a month of trial operation (after both parties have no modification opinions), Party A shall check and accept the project results in Party A's central computer room within three working days according to the Technical Specification for Equipment Defect Management System confirmed by both parties.
5.2 After acceptance, Party A shall issue an acceptance report as a written material of the acceptance result.
5.3 The warranty period of the service project under this contract is one year, counting from the date when the project passes the final acceptance. If the service quality is found to be defective during the warranty period, Party B shall be responsible for correcting and reworking it free of charge.
6. Fees and payments
6. 1 The technical service fee for this project is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The technical service fee of this project shall be borne by Party A and paid to Party B according to the contract.
6.2 After the contract is signed, Party A shall pay Party B the software advance payment in one lump sum (30% of the total contract price), that is, _ _ _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _).
6.3 After the project is completed and accepted by Party A, Party A shall pay Party B 50% of the total contract price, namely _ _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _ _). After the one-year warranty period after acceptance, the software runs stably, and Party A shall pay Party B the contract balance of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7. Rights and obligations
In addition to the rights and obligations stipulated in other clauses of this contract, both parties agree as follows:
7. 1 Party A's rights
7. 1 and 1 have the right to request Party B to submit technical service results in accordance with this contract;
7. 1 2 has the right to supervise and inspect Party B's services at any time;
7. 1 3 has the right to request Party B to rectify the problems existing in the service process;
7. 1 4 has the right to request Party B to provide relevant technical information and necessary technical guidance;
7.2 Obligations of Party A
7.2. 1 Party B shall be provided with the technical data and data listed in 4. 1, and Party A shall be responsible for the losses caused by the failure to provide it in time;
7.2.2 Provide Party B with the following working conditions: ensure an effective network platform for software installation and debugging;
The expenses for providing the above working conditions shall be borne by Party A;
7.2.3 Respond in time within three days after receiving Party B's notice on improving or replacing the technical data and data that are not in conformity with the contract, and Party A shall be responsible for the losses caused by the failure to reply in time;
7, 2 and 4 Pay remuneration to Party B as agreed;
7, 2 and 5 Acceptance of project results as agreed.
7.3 Rights of Party B
7.3. 1 Accept the technical data and data provided by Party A;
7.3.2 Get paid after delivering the work results that meet the requirements of this contract;
7, 3, 3 If it is found that the technical data, data or working conditions provided by Party A are inconsistent with the contract, it has the right to notify Party A to improve or replace them within one day after receiving the above data or starting work. If the improvement or replacement requirements are not put forward within the above time limit, it shall be deemed that the information and working conditions provided by Party A have met the contract requirements.
7.4 Obligations of Party B
7. 4. 1 Party B shall personally complete the technical service as agreed. If Party B entrusts it to a third party without Party A's written consent, Party A has the right to refuse to pay and unilaterally terminate this contract;
7, 4 and 2 Party B shall abide by the rules and regulations of Party A's factory when entering Party A's workplace. If Party B suffers losses due to violation of Party A's factory rules and regulations, Party B shall bear the responsibilities.
7, 4 and 3 After the acceptance of the project, Party A shall be provided with relevant technical data and necessary technical guidance.
8. Force majeure
8. 1 The following events can be considered as force majeure events: war, turmoil, earthquake, hurricane, flood and other unforeseeable, unavoidable and insurmountable objective circumstances;
8.2. If one party fails to perform this contract due to force majeure, the party affected by force majeure shall immediately notify the other party, take active measures to reduce the losses caused by force majeure, and provide the other party with the proof of force majeure within fifteen days after the occurrence of force majeure.
8.3. If the contract can't be fulfilled on schedule or due to irresistible reasons, the losses caused shall be borne by both parties. If the party affected by force majeure fails to fulfill its notification obligation, or if one party fails to take active measures to reduce losses, thus causing losses to expand, it shall be liable to the other party for compensation for the expanded losses. After the force majeure event ends or its influence is eliminated, if the purpose of this contract can still be achieved, both parties shall immediately continue to perform their contractual obligations, and the validity period or relevant execution period of this contract shall be extended accordingly.
9. Liability for breach of contract
9. 1 Party A's liability for breach of contract:
9. 1, 1 If Party A fails to provide relevant technical data, data, samples and working conditions as agreed in the contract, resulting in Party B failing to complete the service project according to the agreed standards, it shall bear a penalty of 5% of the contract amount.
9. 1 2 If Party A delays the payment of the project funds for more than ten working days, it shall pay Party B a late payment fee according to the deposit interest of the bank for the same period.
9, 1, 4 Other agreements:
9.2 Party B's liability for breach of contract
9, 2, 1 If Party B fails to complete the service project, it shall bear a penalty of 5% of the contract amount and compensate for the direct losses caused to Party A, and Party A has the right to terminate the contract at its own discretion;
9, 2, 2 If Party B fails to deliver the work results in time, it shall bear the liquidated damages of 1% of the contract amount for each day overdue, and Party B shall continue to perform the work. If Party A fails to complete the work within 30 days, Party A has the right to terminate the contract unilaterally, and Party B shall return the service fee paid by Party A;
9, 2 and 3 If Party B fails to complete the service items according to the agreed standards, Party B shall be responsible for rectification according to the standards agreed in the contract. If the performance period of the contract has expired, Party A may give Party B a certain period of time as a remedial period. During the remedial period, Party B has the obligation to continue to perform the contract until completion.
The results meet the agreed standards. If Party B fails to complete the service according to the standard after the expiration of the agreed remedial period, or Party A does not agree to give Party B the remedial period, Party A has the right to unilaterally terminate the contract after the expiration of the remedial period or the expiration of the contract performance period, and Party B shall return the service fee paid by Party A. If the work has been remedied by Party B, but it has constituted overdue delivery, Party B shall pay overdue liquidated damages according to 9, 2 and 2.
9, 2 and 4 During the contract service, if it is found that the technical data, data or working conditions provided by Party A are not in conformity with the contract provisions, and Party A is not notified in writing within the time limit stipulated in Articles 7, 3 and 3 of this contract, resulting in the stagnation, delay or non-performance of technical services, it shall bear the penalty of 65,438+0% of the contract amount;
9, 2 and 5 Other agreements: None.
10, dispute resolution
In case of any dispute during the performance of this contract, Party A and Party B shall settle it through negotiation in time.
If negotiation fails, a lawsuit may be brought to the people's court of Party A according to law.
1 1, other protocols
1 1 1 For matters not covered in this contract, Party A and Party B shall sign a supplementary agreement through consultation according to national laws, regulations and relevant regulations, and both parties shall abide by it.
1 1 2 The original of this contract is in quadruplicate, with Party A holding two copies and Party B holding two copies. Notices, reports and some communications required for the execution of this contract are valid in written form and sent to the addresses designated by Party A and Party B in written form.
Party A (signature): _ _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Legal representative (person in charge) _ _ _ _ _ _ _ Legal representative (person in charge): _ _ _ _ _ _ _
Authorized representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Simple Technical Service Contract 3 Technical Service Items: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Client: (hereinafter referred to as Party A) _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Service Party: (hereinafter referred to as Party B) _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Phone number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
foreword
Whereas Party A (the entrusting party) needs Party B (the service party) to provide technical services for the _ _ _ _ _ _ _ _ technical project; Whereas Party B is willing to accept the entrustment of Party A to provide technical services; In accordance with the provisions of the People's Republic of China (PRC) Technology Contract Law and other relevant laws and regulations, the following terms and conditions are reached through friendly negotiation by both parties for common compliance.
main body
Article 1 Name of service item
1 and 1 Service project name refers to the full name of the technical target project involved in the technical service contract. The name of the technical service project in this contract is: (the name of the technical service project involved in this contract)
1 2 The project name of the technical service contract should be concise and accurate, reflecting the technical and legal characteristics of the contract. The project name must be consistent with the content, and standardized expressions should be used as far as possible, such as the technical service contract or technical training contract or technical intermediary contract on _ _ _ _ _ _ _ _.
1 3 in view of the specific situation of China's technical service industry, there are many types of technical service contracts, and only technical training contracts and technical intermediary contracts are stipulated by law. However, the scope of technical services goes far beyond this. Most of the contracts concluded between the parties that need to solve specific technical problems with scientific and technological knowledge are technical service contracts.
Article 2 Contents, methods and requirements of technical services
2. 1 The subject matter of the technical service contract is embodied in technical work results, mainly including product design, process preparation, engineering calculation, material formula, equipment transformation, formulation of enterprise technical transformation scheme, improvement of operation and management, computer program design and retrieval, complex physical and chemical experiments, biological experiments, analysis and appraisal of complex product or material performance, other scientific research, technology development, technology transfer, industrial experiments and production activities. The Trustee may provide technical services to the Client for the above technical services.
2, 2 technical service mode mainly refers to the specific practices, means and ways to complete technical service work. Both parties agree that the service provider can provide technical services through product design, process preparation, unconventional physical and chemical detection and analysis, enterprise technical transformation, material appraisal and analysis, professional and technical personnel training and technical intermediary activities.
2, 3 technical service requirements refer to the difficulty of completing specific technical service projects, specific technical indicators, economic indicators and implementation effects. For example, for the installation and debugging of imported technical equipment and the digestion and absorption of key components, the technical equipment can reach a certain technical living standard and a certain standard through technical services.
Article 3 Time limit, place and method of performance
3. 1 The performance period of this contract refers to the specific time from the beginning to the end of the performance of this contract, as well as the start and end time of each stage of phased performance. Both parties agree that their respective performance periods are as follows: (For example, the cooperation of the entrusting party shall be completed within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If the two parties have not agreed on the time limit for performance, the debtor may perform at any time, and the creditor may also request the other party to perform at any time, but the other party shall be given the necessary preparation time.
3.2. The place of performance of this contract may be agreed by both parties, at the location of the entrusting party, or at the location of the service party, or at other places agreed by both parties. If the agreement is unclear, it shall be presumed to be performed at the place where the entrusting party is located.
3. The performance of this contract can be completed by designing the structure of process products, testing and analyzing the performance of new products and materials, debugging new or complex production lines, non-standardized testing and analysis, and using technology and experience to serve specific technical projects.
Article 4 Working conditions and cooperation matters
4. 1 working conditions and cooperation matters refer to that the entrusting party should provide the necessary working conditions and technical background information to the entrusted party for the smooth service.
4.2 The matters that the entrusting party should cooperate with mainly include the following aspects:
(1) explain the main points of technical problems to be solved to the service provider, and provide relevant technical background materials, relevant technologies, data, original design documents and necessary sample materials;
(2) Supplementing relevant information and data according to the requirements of service providers;
(3) There are obvious errors and defects in the technical data and materials provided to the service provider, which should be revised and improved in time;
(four) to provide places and necessary working conditions for service providers to carry out service work.
4.3 Both parties agree that the Entrusting Party shall provide the following technical information and data to the Entrusting Party: (Technical background information and related technologies and data that the Entrusting Party shall provide).
4. Both parties agree that the Entrusting Party shall provide the following working conditions to the Entrusting Party: (The working conditions that the Entrusting Party shall provide, such as places, transportation, accommodation, etc. )
4.5. The above cooperation matters shall be clear and specific, and the specific time, content, quantity, mode and requirements of providing information and working conditions shall be stated as far as possible.
Article 5 Confidentiality of technical information and materials
5. 1 If the contents of this contract involve national security and vital interests and need to be kept confidential, the scope, classification and duration of the confidential matters and the confidentiality obligations of all parties shall be clearly defined in the contract.
5. If the technical data and data provided by the entrusting party need to be kept confidential, the scope and duration of confidentiality shall be stipulated in the contract. If there is no agreement in the contract, the entrusting party shall not interfere with the quotation, publication and provision to the third party of the entrusted party.
5.3 Both parties may agree that the confidentiality provisions of this contract shall remain valid regardless of whether this contract is modified, dissolved or terminated, and each party shall continue to undertake the agreed confidentiality obligations.
Article 6 Acceptance Criteria and Methods
6. 1 In view of the particularity of technical service contract acceptance, most of its technical service achievements belong to the category of soft science, which has certain intangibility and maneuverability, and its acceptance criteria cannot be measured by hard indicators. Both parties should conduct acceptance in strict accordance with the requirements agreed in the contract in the principle of being scientific, fair and realistic, and should not be too harsh or obviously unfair.
6.2 Both parties may stipulate in the contract that the technical service achievements will be reviewed and accepted by appraisal committees and experts, or they may agree that they will be accepted by the entrusting party unilaterally. However, no matter what method is used for acceptance, the acceptance party shall issue a written acceptance certificate.
6.3 If both parties have not agreed on the acceptance or evaluation method in the contract, the evaluation shall be organized according to the actual general requirements of the contract.
Article 7 Remuneration and its payment method
7. 1 Both parties shall clearly agree on the remuneration that the service provider shall receive for providing technical services. In this contract, the entrusting party shall pay RMB to the entrusted party.
7.2 The payment method and term agreed by both parties are as follows: (lump sum payment or installment payment can be agreed, and the payment term can also be clearly agreed).
7.3. Both parties can agree on the necessary investigation, research, analysis, demonstration, test and measurement activities carried out by the service provider during the performance of the contract, and if they are not included in the contract remuneration, which party should pay and the amount and method of payment.
Party A (signature): XXXXXXXXXXXX Party B (signature): XXXXXXXXXXXX
Legal representative (person in charge) Legal representative (person in charge):
Authorized representative: authorized representative: