Now there are more and more places to use the protocol. After the agreement is signed, there are laws to follow and evidence to check. You didn't even know when you drafted the agreement? The following are five technical agreements I have compiled. Welcome to read the collection.
Technical Agreement 1 Entrusting Party: _ _ _ _ _ _ _ _
Legal representative or person in charge: _ _ _ _ _ _ _
Service Provider: _ _ _ _ _ _
Legal representative or person in charge: _ _ _ _ _ _ _
In accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC), the Contract is signed by both parties through consultation.
Article 1 Project name
_________。
Article 2 Contents and requirements of training
_________。
Article 3 Training Plan, Progress and Duration
_________。
Article 4 Training place and method
_________。
Article 5 Qualification and level of service providers (teachers)
_________。
Article 6 the quantity and quality of students
_________。
Seventh teachers and students accommodation, transportation, medical expenses payment and arrangement.
_________。
Article 8 Remuneration and its payment method
_________。
Article 9 the principal's liability for breach of contract
1. If the entrusting party fails to provide training conditions as stipulated in the contract, which affects the performance of the contract, it shall still pay the agreed remuneration in full;
2. Quoting, publishing and providing confidential technical data required by the Trustee to a third party without authorization shall pay a penalty of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 10 Liability of the Trustee for breach of contract:
1. If the trustee fails to formulate the training plan as stipulated in the contract, which affects the quality of training work, the remuneration of _ _ _ _ _ _% shall be reduced;
2. The teachers provided by the service provider do not meet the requirements of the contract, and the service provider is obliged to re-equip; Those who fail to complete the training work as stipulated in the contract shall be exempted from remuneration.
Article 11 confidentiality clause
Both parties shall undertake confidentiality obligations for the following technical data:
_________。
Article 12 Ownership of technological achievements
During the performance of the contract, the new technical achievements completed by the Trustee by using the technical data and working conditions provided by the Entrusting Party belong to the Trustee; The new technological achievements completed by the entrusting party with the work achievements of the entrusting party belong to the entrusting party. Enjoy spiritual rights (such as the right to get bonuses, medals and certificates of honor) and economic rights (such as the right to transfer and use patented and non-patented technologies, etc.). ) and other benefits of new technological achievements.
Article 13 Settlement of disputes in this contract
_________。
This contract shall come into effect after being signed and sealed by both parties.
Entrusting party (seal): _ _ _ _ _ Service party (seal): _ _ _ _ _
Person in charge (or authorized representative) (signature): _ _ _ _ Person in charge (or authorized representative) (signature): _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ Bank of deposit: _ _ _ _ _ _
Account number: _ _ _ _ _ Account number: _ _ _ _ _ _
Guarantor (name) (seal): _ _ _ _ _ Guarantor (name) (seal): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Part II of Technical Agreement Party A: Liu Delong
Party B: Shandong Huinong Bioenergy Co., Ltd.
Based on the principle of mutual benefit and friendly cooperation, Party A and Party B have reached the following agreement on the specific matters of technical cooperation of biomass molding machine.
Project content: R&D, production and sales of biomass molding machine.
Investment method: Party A provides technical services; Party B is responsible for providing the production site, equipment, personnel and funds.
I. Rights and obligations of Party A:
1. Party A is responsible for technical guidance, explaining the manufacturing process and providing specific technical solutions.
2. Without deviating from the spirit and scope of this technology, Party A can upgrade the technology according to Party B's requirements.
3. During the cooperation period, Party A shall not transfer or use the technology to other parties.
4. Party A has the right to send an accountant to audit the financial account statistics of this product.
5. Party A enjoys the profit sharing brought by selling the technology and upgraded products.
Two. Rights and obligations of Party B:
1. Party B is responsible for the funds needed for the preliminary manufacturing and sales of equipment.
2. Party B has the right to produce and sell this product nationwide.
3. Party B can independently set the product sales price with reference to the price suggested by Party A..
4. Party B has the right to promote the product and the responsibility to report and investigate the technical infringement.
5. Without the written permission of Party A, Party B shall not cooperate with a third party to use the technology or produce or sell the technology in any way.
6. If Party B conceals the sales profit of the products produced by this technology from Party A, Party A has the right to unilaterally terminate the cooperation.
Third, profit distribution.
1 Party A shares 40% of the net sales profit. Party B shall share 60% of the net sales profit.
2. Settlement method: monthly cumulative monthly settlement. (The premise is that the costs, expenses and profits of the current month have been accounted for clearly. )
3. The composition of profit is: operating income+national preferential policies, subsidy income-raw materials consumed in the current period-workers' wages-management expenses-manufacturing expenses (excluding depreciation)-financial expenses-sales expenses.
4. Both Party A and Party B have no salary and only enjoy the profit sharing.
5. The expenses incurred during product manufacturing shall be borne by both parties in proportion to the profit sharing.
Four. Termination of the agreement
1. In any of the following circumstances, both parties may terminate the agreement without assuming the liability for breach of contract:
(1). When the cooperation period stipulated in the contract expires, both parties do not agree to continue to perform the contract;
(2) Both parties cannot continue to operate due to force majeure;
(3) No profit is generated within 6 months after production.
2. Under any of the following circumstances, one party to the contract may propose to terminate the agreement, and the breaching party shall bear all the losses caused to the other party:
(1), where Party A provides false technology or the technology does not conform to the agreement, thus causing losses to Party B; After the signing of this agreement, Party A transfers the technology or uses it with other parties; For all losses caused thereby, Party A shall compensate Party B according to the actual losses. Party A no longer enjoys the right to distribute profits, and Party B has the right to continue to use the technology provided by Party A.. ..
(2) Without the written permission of Party A, Party B shall not cooperate with a third party to use, produce or sell the technology in any way. Party B fails to complete the profit distribution agreed by both parties on time, or conceals the sales quantity and profit of the products from Party A. Party B must compensate Party A for the hidden profit, and in addition, Party B must compensate Party A for the profit of 1.5 times.
The term of this agreement is 1 year, from February 9, 20x 12 to February 8, 20x 12. When the agreement expires, both parties have no other objections and can renew it.
Seven. This agreement is made in duplicate. Party A and Party B each hold one copy, which shall take effect after being signed or sealed by both parties. Matters not covered in this agreement shall be determined by both parties through consultation and shall be added to this agreement as an annex, which shall have the same legal effect as this agreement. In case of disputes between partners, they should negotiate with each other and settle them on the principle of developing partnership and friendship among friends.
Party A: Liu Delong Party B: Shandong Huinong Bio-new Energy Co., Ltd.
Year, month, sun, moon, sun.
Article 3 of the technical agreement: Party A: unify the social credit code; Address:
Party B: Mailing address: Tel: ID number:
Employers have the right to take measures to protect business secrets, but when concluding confidentiality agreements, they should be careful not to infringe upon the rights of workers in Taiwan and France-workers have the freedom to choose their jobs, but they must not harm the business secrets of employers when exercising their rights. Confidentiality agreements, like other agreements, must first follow the principles of fairness and equality before they have legal effect, otherwise they will be invalid. In view of the convenience and necessity for Party B to contact, understand and use the business secrets owned by Party A, in order to ensure that Party A's business secrets are not leaked or used for purposes other than Party B's work, and to clarify the rights and obligations of both parties in protecting business secrets, Party A and Party B, through friendly negotiation, in accordance with People's Republic of China (PRC) Labor Contract Law, Contract Law, Anti-Unfair Competition Law and other relevant laws and regulations.
The first definition
1. Trade Secrets The trade secrets involved in this agreement refer to the information and materials listed in this contract that Party A has not disclosed and can bring economic benefits or competitive advantages to Party A. The information that Party A is obliged to keep confidential to third parties, including but not limited to customers and partners, also belongs to the trade secrets stipulated in this agreement.
2. Technical Information The technical information involved in this agreement includes but is not limited to: R&D strategy, technical scheme, engineering design, circuit design, manufacturing method, formula, process flow, key algorithms, technical indicators, computer software source program, database, research and development records, technical reports, test reports, test reports, experimental data, test results, drawings, samples, prototypes, models, molds and operations.
3. Business Information The business information involved in this Agreement includes but is not limited to: market information, customer list, distribution network, sales price, marketing plan, advertising planning, competition strategy, purchasing information, purchasing channels, purchasing price, supplier list, management information, financial information, human resource information, source information, production and marketing strategy, pre-tender estimate and bidding contents.
4. Carriers The carriers with trade secrets mentioned in this agreement include but are not limited to traditional paper carriers and storage media carriers such as disks, hard disks, optical disks and network storage spaces.
5. Term of office The term of office referred to in this Agreement refers to the period from the date when Party B enters Party A's workplace, accepts the tasks assigned by Party A or enters the workplace designated by Party A (if there are two or more dates, the earliest date shall prevail) to the date when Party B actually leaves Party A's workplace, the task ends or leaves the workplace designated by Party B (if there are two or more dates, the later date shall prevail).
6. Resignation Period The resignation period under this Agreement refers to a period of time after Party B leaves Party A's workplace or completes the tasks assigned by Party A. ..
7. Total Economic Loss The term "total economic loss" as mentioned in this agreement refers to the sum of the following economic losses or expenses suffered by one party due to its breach of contract or infringement, including but not limited to the direct economic losses caused by Party A's breach of confidentiality obligations agreed in this agreement, the foreseeable benefits of lost business opportunities due to the disclosure of trade secrets, and the investigation fees, notarization fees, evidence collection fees, attorney fees, car travel fees, legal fees and arbitration fees paid by Party A to safeguard the legitimate rights and interests.
Article 2 The principle of ownership of trade secrets
1. The business secrets formed by Party B's own work or business assigned by Party A shall be owned by Party A. ..
2. Unless otherwise provided by law, the intellectual property rights formed by Party B's own work or the work assigned by Party A shall also be owned by Party A. ..
3. According to the law, if the intellectual property belongs to Party B, but Party B uses Party A's trade secrets when completing the intellectual property, Party B is still obliged to keep the above trade secrets confidential. If it is inevitable to disclose relevant business secrets when applying for exclusive rights of relevant intellectual property rights, Party B must obtain the written permission of Party A before submitting any explanation of relevant intellectual property rights.
Article 3 Obligation of confidentiality
1. Party B shall keep business secrets during and after Party A's employment, and shall not disclose part or all of the above information to a third party in any way, nor use the above business secrets by itself or in partnership with others until the above business secrets are made public by Party A. ..
2. If the above-mentioned business secrets are made public by people other than Party A through abnormal channels, Party B shall continue to undertake the confidentiality obligation as agreed.
3. During Party A's tenure, Party B shall abide by any written or unwritten confidentiality rules and regulations formulated by Party A. In the case that Party A's confidentiality rules and regulations are unclear or unclear, Party B shall take any necessary and reasonable measures to keep business secrets based on the principle of good faith and prudent attitude and in accordance with the standards of rational people. Party B shall abide by the following confidentiality rules.
(1) Without the consent of Party A, Party B shall not copy, extract, arbitrarily or maliciously take away any documents, computer software, computers, notebooks, disks, other storage media, computer hardware and other materials and articles involving trade secrets.
(2) When leaving Party A and the workplace designated by Party A, Party B shall properly keep any documents, written materials and CD-ROMs involving trade secrets in its possession, lock them in the desk or filing cabinet of Party A's office, and ensure that such materials or articles are not left on the desktop, copier, printer, copier, fax machine and public computer.
(3) Except for work needs, Party A shall not send any information or materials involving trade secrets to any third party by e-mail. If it is necessary to send the above related information or materials by e-mail due to work needs, it shall be sent through the e-mail address provided by Party A, and shall not be sent through the personal e-mail address.
(4) If Party B loses the above materials or articles, it shall immediately report to the relevant competent personnel of Party A and take remedial measures to recover the losses.
(5) Without the permission of Party A, Party B shall not accept the visit of any external organization, and shall not provide it with any oral or written content or information involving trade secrets.
(6) Party B shall not take the information involving trade secrets as a gossip topic.
(7) When Party B receives related guests in Party A's office, it is forbidden for visiting guests to enter Party A's office at will.
(8) Party B shall not collect public information by itself or induce a third party to sort out business secrets.
(9) Except for the need of performing duties, Party B promises not to let any third party (including other employees of Party A who are not allowed to know secrets according to the confidentiality system) know the business secrets that belong to Party A or others, but which Party A has promised to keep confidential, nor to use these secret information outside the performance of duties.
4. Whereas Party B has (or will) learned Party A's business secrets and has the opportunity to improve his knowledge, experience and skills, he shall abide by the following non-competition obligations:
(1) Party B shall not engage in the same or similar business as Party A on its own or for others, including working full-time or part-time in the relevant company or becoming a shareholder of the relevant company;
(2) Party B shall not be employed by market economic entities in the same industry or similar industries as Party A (including formal employment or providing labor services, guidance, consultation and consultants in other ways);
(3) Party B shall not directly or indirectly induce other employees of Party A to leave or assist others;
(4) Party B shall not directly or indirectly influence or attempt to influence Party A's customer relationship, and guide Party A's customers to conduct private transactions or reach trading intentions with Party B or other parties (including but not limited to Party A's intended customers, old customers and customers who have cooperated);
5. When individual parts or elements of a trade secret have been known, but other parts or all of the trade secret have not become known knowledge, Party B shall undertake the confidentiality obligation for the trade secret that still belongs to the secret part according to this agreement.
6. No matter what reason Party B leaves his post, after leaving his post, Party B will still undertake the obligation of keeping confidential the business secrets he came into contact with and learned during his employment with Party A according to the agreement.
7. When Party B discovers that other staff members of Party A do not conform to the confidentiality norms, fail to protect business secrets or cause relevant business secrets to be infringed, it shall promptly inform the relevant competent personnel of Party A.. ..
8. When Party B discovers that business secrets or information related to business secrets are leaked or infringed, it shall promptly notify the relevant competent personnel of Party A. At the same time, Party B shall take corresponding reasonable measures to prevent the above business secrets from being further infringed.
Article 4 Carrier Control
1. The information, documents, materials, charts, data, notes, reports, letters, faxes, tapes, disks, documents and other forms of carriers held or kept by Party B due to work needs belong to Party A. Party B shall properly keep these carriers to ensure that the above contents or records in the carriers will not be known to others.
2. Without the written authorization of Party A, Party B shall not move the carrier specified in the preceding paragraph at will, nor copy information, documents, materials, charts, data, reports and other contents and records involving trade secrets from the aforementioned carrier.
3. If the carriers for recording the information related to trade secrets are owned by Party B, it shall be deemed that Party B agrees to transfer the ownership of these carriers to Party A. These carriers shall be returned when Party B leaves his post or upon Party A's request. However, when the aforementioned information and records can be deleted or copied from the carrier, Party A can copy the relevant information and records to other carriers of which Party A has ownership, delete the relevant information and records on the original carrier, and then return the carrier to Party B. ..
Article 5 Liability for breach of contract
1. When Party B violates its obligations under this Agreement, it shall compensate Party A for all the economic losses suffered as a result.
2. Party B's violation of any provision of this Agreement shall be regarded as a serious violation of Party A's rules and regulations, and Party A has the right to terminate the labor relationship with Party B immediately without notice.
3. If Party B seriously violates the relevant obligations agreed in this agreement, causing great economic losses to Party A, which conforms to the relevant provisions of the Criminal Law of People's Republic of China (PRC), Party A reserves the right to further request the judicial organs to investigate the criminal responsibility of Party B according to law.
4. If Party B violates this Agreement, no matter how much losses are caused to Party A, Party A has the right to require Party B to pay RMB as liquidated damages ... This liquidated damages shall not be regarded as compensation for Party A's losses, and Party A may claim compensation liability from Party B according to the losses.
Article 6 Dispute settlement
1. In case of any dispute during the performance of this agreement, Party A and Party B shall settle it through negotiation in good faith; If negotiation fails, either party has the right to apply to the Labor Dispute Arbitration Committee for arbitration according to law.
2. The agreement in this article shall not affect Party A's right to request the intellectual property management department to take administrative measures against Party B's infringement of intellectual property rights.
Article 7 Others
1. This agreement is made in duplicate, one for each party, with the same legal effect, and shall come into effect as of the date of signature or seal by both parties.
2. If there is any conflict between this agreement and the previous oral or written agreement between the two parties, this agreement shall prevail. The modification of this agreement must be agreed by both parties in writing. Party A and Party B confirm that the content of this agreement is the true meaning of both parties. Before signing this agreement, both parties have carefully read the contents of this agreement and fully understood the legal meaning of its terms, and hereby sign for confirmation. (There is no text below)
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 of the Technical Agreement Party A: xxx (ID number:)
Party B: xxx (ID number:)
On the basis of equality and voluntariness, Party A and Party B, through full consultation, hereby conclude the following terms of this agreement for joint operation of XX Factory and clarification of the rights and responsibilities of all parties, and jointly implement them.
First, the way of cooperation:
Contribution made by Party A, accounting for 70% of the shares; Party B contributes technology, accounting for 30% of the shares.
Two. Cooperation projects:
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Three. Cooperation time
X years is tentatively set, counting from the date of signing this contract. After the expiration, if both parties wish to continue cooperation, they shall revise and sign a new agreement on the basis of this agreement.
Four. Cooperation and division of labor:
1。 Party B is responsible for the technical development, production training, production monitoring and product quality control of the project. Other responsibilities shall be borne by Party A (including equipment investment, material procurement, product sales, product distribution, financial management, etc.). ).
2。 Each party reserves the right to review the financial operation of the project every month. If there is any doubt about the financial revenue and expenditure, profit and loss, they have the right to check the accounts by verifying the original vouchers. If the accounts are suspicious, the parties cannot give a reasonable explanation, and all parties to the project have the right to pursue the economic and legal responsibilities of the parties. The original income and expenditure related to all accounts of the project, such as expenditure and income, must be signed by all parties and submitted to the financial administrator for accounting.
Verb (abbreviation for verb) technology and market secrecy;
During the cooperation period, without the consent of all parties to the project, no one may transfer technology and market content, cooperate with partners other than the two parties to the project or seek benefits for others, or disclose technology. Otherwise, the project partner has the right to confiscate the relevant income of the responsible party and investigate the economic and legal responsibilities of the responsible party.
Income distribution of intransitive verbs:
1。 The profit of this project is divided according to the proportion of shares held by partners, of which Party A holds 70% and Party B holds 30%. Under the condition of ensuring the normal operation of the project, the year-end dividend will be paid once a year (annual 1 month divided into the dividend of the previous year). In order to expand business operations, it is necessary to retain profits, which must be agreed by all parties and shall not exceed 30% of the total annual profits. Retention is calculated as the contribution of each party according to the proportion of equity held by each party.
2。 Considering Party B's personal situation, Party B has the right to advance the salary, but half of the salary will be deducted from Party B's year-end dividend and the other half will be included in the project operating cost.
3。 The fixed assets contributed by Party A shall be depreciated for five years, and the working capital shall not be subject to interest.
4。 The losses caused by product quality problems shall be borne by Party B, and the bad debt losses caused by poor sales management shall be borne by Party A. ..
Seven. Cooperative guarantee
1。 During the cooperation period, if either of the project partners withdraws from the cooperation project without the consent of the other party, the responsible party shall compensate the injured party for the investment loss and other due benefits during the cooperation period (specifically, the responsible party shall compensate the injured party for all the benefits of the remaining contract period according to the average benefits due to the injured party from the date of cooperation to the time of the accident). And must abide by the technical and market confidentiality regulations, and shall not use or operate similar technical content and market content of this project in the local area within two years. Otherwise, all parties to the project have the right to pursue all economic and legal responsibilities of the defaulting party.
2。 During the cooperation period, due to force majeure factors such as war, disaster and disease. The technical contents of the project shall be owned by both parties if the project partners are dissolved or the partners no longer cooperate.
3。 If one of the partners violates this contract, the other party has the right to cancel the cooperation with the defaulting party and pursue all economic and legal responsibilities of the defaulting party.
Eight. Other matters not covered shall be supplemented by both parties through consultation, and the supplementary terms shall have the same legal effect as this contract.
Nine. This contract is made in duplicate, one for each party.
Party A: * * * (signature) Party B: * * * (signature)
Date: Date:
Article 5 of the Technical Agreement Party A:
Party B:
Informatization is an important infrastructure in China at present. Enterprises need to open up a smooth market, improve product quality and output, improve labor productivity, and reduce accidents and disasters. What they need most is effective computer application technology. Especially in the situation of China's entry into WTO and great economic development, it is even more urgent. At present, talent has become the main contradiction. Therefore, through consultation, Party A and Party B have reached the following agreement on personnel training at all levels:
Party A and Party B confirm that in the next three years, they will cooperate to cultivate talents at the following levels urgently needed by Party A:
1, Master of Engineering, Master of Computer Application Technology Engineering.
2, training computer application system operators
3, training computer application system management personnel
Party B can undertake on-the-job master of engineering and master of engineering training for personnel with bachelor's degree from Party A, and the annual capacity can be 10- 15; For the training of Party A's operators and managers, 1-2 training courses can be held every year according to Party A's needs, with 20-30 people in each course.
Party B is responsible for teaching Party A's on-the-job graduate students, mainly taking charge of the teaching of master's courses and the guidance of dissertations, awarding the nationally recognized master's degree in engineering or master's degree in engineering according to the conditions for the on-the-job personnel to award advanced degrees, and issuing corresponding degree certificates.
Party A is responsible for selecting on-the-job graduate students trained by Party B, properly arranging their spare-time study time, and providing them with appropriate engineering application research or technical transformation projects in combination with their work and production practice, which not only solves their practical problems, but also provides necessary conditions for their thesis writing.
Party B shall be responsible for training computer operators and managers dispatched by Party A, undertaking the course teaching and graduation examination required by Party A, and issuing corresponding graduation certificates.
Matters not covered in this agreement shall be fully settled by both parties through consultation.
This agreement is made in quadruplicate, with each party holding two copies.
This agreement shall come into force as of the date of signing.
Party A:
Party B:
Representative (signature)
Representative (signature)