How to write Internet service agreement?
The development speed of the Internet in China can be said to have created many remarkable achievements, because since the founding of the People's Republic of China, the Internet has grown from scratch, despised by other countries at the beginning, and has become a powerful Internet technology country today. We all know that it has made some remarkable achievements. Internet service agreements are also common in our daily life. A few people may not understand how to write an Internet service agreement. How to write Internet service agreement? Party A: Representative: Address: Tel: Party B: Representative: Address: Tel: Risk warning: There are various ways of cooperation, such as establishing companies, developing software, buying and selling products, etc. Different cooperation methods involve different project contents, and the corresponding terms of the agreement may be quite different. The terms of this agreement are based on specific projects and are for reference only. In practice, it is necessary to modify or redraft the terms according to the actual cooperation mode, project content, rights and obligations of both parties, etc. In accordance with the provisions of the Civil Code, Party A and Party B have reached the following agreement on the product operation service of their cooperative network platform through equal and friendly consultations, and are willing to abide by, sincerely cooperate, support and develop together on this basis. Article 1: general provisions 1. Cooperation content: Party A will distribute its own products on the cooperation platform. Party B is a company specializing in e-commerce operation. With their respective technical strength and experience and ability in e-commerce operation, both parties jointly operate an e-commerce platform to sell the goods owned by Party A. 2. Cooperation mode: Party A sells the goods to the final consumers through offline stores such as the Internet, and Party B provides platform operation services for Party A's business, including mall construction, mall operation and network promotion. Party A is responsible for customer service, payment and settlement, logistics and distribution services. The two sides have established strategic cooperation in e-commerce. In addition to paying the purchase price and operating costs, Party A and Party B shall share the profits according to this agreement. 3. Cooperation area: Chinese mainland. 4. Term of cooperation: from the date of signing this agreement to _ _ _ _ _ _ _ _ _ _. Article 464 Risk warning of Party A's rights and obligations: clearly stipulate the rights and obligations of all parties to the cooperation to avoid disputes in the actual operation of the project. Once again, warm reminder: due to the inconsistency between the cooperation mode and the project content, the rights and obligations of all parties are also inconsistent, which should be formulated according to the actual situation. 1. Party A guarantees the legality of goods sold online, and assumes all responsibilities for all products provided, including but not limited to intellectual property rights and product quality, and bears its legal risks. 2. Party A shall set the product retail guidance price of the online cooperation platform. Party A shall formulate the principle of membership promotion, and Party B may formulate the cooperative promotion plan under this principle. 3. Party A is responsible for providing goods sold on the online cooperation platform and ensuring stable inventory. 4. Party A shall provide relevant product pictures, information, introduction, marketing and publicity documents needed to build an online cooperation platform; Party A is responsible for assisting in handling various qualifications of the online cooperation platform operation license. 5. Party A has the obligation to return and exchange the products sold on the website according to the customer service standards jointly formulated by both parties. 6. Party A shall not sell any counterfeit or counterfeit brand products, and shall not commit any act that infringes the intellectual property rights of the brand. Party B has the right to terminate this Agreement unilaterally, and Party A shall bear corresponding legal responsibilities, corresponding liabilities for breach of contract and infringement, and compensate Party B for the actual losses suffered as a result. 7. In the sales activities, Party A shall not harm the interests of the state, the public, consumers and others, nor the rights and interests of Party B, otherwise Party A shall bear all the responsibilities arising therefrom. Article 465 Rights and obligations of Party B.. Party B owns the intellectual property rights of the background information system and operation specifications of the online cooperation platform not provided by Party A. 2. Party B shall ensure that the information system performance of the online cooperation platform it operates meets the technical specifications required for cooperation. 3. Party B is responsible for the mall design, mall construction, mall operation and mall promotion of the online cooperation platform. 4. Party B shall provide Party A with monthly and annual sales reports, sales analysis, return analysis, current inventory data analysis, customer browsing records and purchase habits within _ _ _ days after the end of each month and before _ _ _ days after the end of each year. 5. Party B is responsible for the daily promotion planning of the mall and the implementation of special promotion activities such as festivals. Article 4: Mall income distribution 1. Party A and Party B agree to share the profit of product sales (sales-purchasing cost-operating cost = profit). The specific sharing method is as follows: Party A shall pay Party B the profit share of the last month before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. Delivery: When Party B receives customer feedback in the process of customer service and finds that Party A's delivery is excessive or wrong, it shall make detailed records and notify Party A immediately. Article 5: Business Operation and Customer Service 1. Marketing includes the following aspects: (1) Internet promotion: Party B can promote business through various legal online promotion methods. (2) Other promotion: including cooperation promotion with mobile operators and complementary brands, cooperation promotion with related businesses, home visits, participation in exhibitions, customer service meetings, etc. 2. Party A and Party B set up a project execution team, including: (1) project manager: the project manager is responsible for project coordination and communication during the cooperation period. (2) Editing: Party B is responsible for making the online mall promotion plan and the mall advertising page. (3) Technology: Party B's technicians are responsible for providing Party A with operational data needed for business operation analysis of Party A.. Technical personnel of both parties shall regularly maintain these data. Party B is responsible for operating in accordance with the technical specifications of the official online mall agreed by both parties, and Party A is responsible for supervision. (4) Warehousing: Party A arranges goods distribution according to the replenishment list. (5) Finance: Party A's financial personnel are responsible for regularly reconciling and settling the goods sold in the online mall to confirm Party B's share. (6) Customer Service: Party A and Party B shall jointly formulate the customer service specifications of the official online mall. Party A is responsible for implementation and Party B is responsible for supervision. 3. Customer Return Service (1) Party A is responsible for providing qualified goods to users. (2) Party A provides return and exchange services for users of the official online mall. Article 6: Risk warning of commercial confidentiality clause: confidentiality and non-competition obligations shall be agreed, especially for the technology and customer resources involved in the project, so as to avoid one partner from making profits outside the project or engaging in other behaviors that damage the rights and interests of the project. 1. Trade secret: any technical information and commercial information, including but not limited to: product plan, sales plan, incentive policy, customer information, financial information, etc. , as well as non-patented technology, design, procedures, technical data, manufacturing methods, information sources, etc. , whether public or not, constitute the business secrets of the parties. 2. Confidentiality: Under this Agreement, both parties are obliged to keep confidential any business secrets of the other party they know. Neither party shall disclose the trade secrets of the other party to a third party at any time, and shall not disclose them to any third party without the written permission of the other party. If either party violates the provisions of this clause, it shall fully compensate the other party for all direct and indirect losses suffered as a result. Article 7: Risk warning of liability for breach of contract: Although the contract is detailed, it does not guarantee that the partners will not breach the contract. Therefore, it is necessary to clearly stipulate the terms of breach of contract, and once one party breaches the contract, the other party can use it as the basis for recovery. 1. If either Party A or Party B seriously violates this Agreement, resulting in the failure to carry out the cooperative business stipulated in this Agreement, or one party fails to perform its obligations stipulated in this Agreement and fails to make corrections within _ _ _ _ days after being notified, it shall be regarded as a fundamental breach of contract, and the observant party has the right to terminate this Agreement. If both parties agree to continue cooperation, the breaching party shall still compensate the observant party for its economic losses. 2. Party B shall guarantee the normal operation of the technical equipment provided, and Party B shall bear all the responsibilities if the technical equipment of Party B causes relevant losses to consumers. 3. Neither party shall be liable for any loss caused by the technical failure caused by force majeure, which leads to the misunderstanding of consumers and further affects the failure or delay of service performance. 4. Force Majeure: During the cooperation period, if the performance of this Agreement is directly affected or can't be performed according to the agreed conditions due to earthquake, typhoon, flood, fire, war or other unforeseeable force majeure accidents whose occurrence and consequences can't be prevented and avoided, one party shall immediately notify the other party by telegram and provide the details of the accident and this Agreement within _ _ _ _. According to the impact of the accident on the performance of the agreement, both parties decide whether to terminate the agreement, or partially exempt the responsibility for the performance of the agreement, or postpone the performance of the agreement. 5. If Party A fails to pay the profit share in time, it shall bear the penalty for the overdue payment. Party B has the right to terminate this agreement if it fails to pay for more than _ _ _ _ days. However, if the payment is delayed due to the fault of the other party, the payer shall not be liable for breach of contract. Article 8: Dispute Resolution Method 1. All disputes arising from or related to the execution of this Agreement shall be settled through friendly negotiation. If negotiation fails, a lawsuit shall be brought to the people's court where the party concerned is located. 2. Matters not covered in this agreement shall be implemented in accordance with the relevant provisions of the Civil Code and other relevant laws and regulations. Article 143: 1 Matters not covered and disputes arising between the two parties shall be settled through friendly and mutually beneficial consultations. 2. This Agreement is signed in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In life, both parties can get the help of professional lawyers when drawing up an agreement.