Commissioned the development of technical service contract template, we need to use the contract in many occasions in our daily life, because now is a society ruled by law, and the contract has legal effect, which can better help us safeguard our personal interests. The following is about the entrusted development of technical service contract template.
Commissioned development technical service contract 1
Client: (hereinafter referred to as Party A):
Legal representative:
Address:
Service Party: (hereinafter referred to as Party B)
Legal representative:
Address:
In view of the needs of Party A, Party B will provide technical, design and other services; 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.
Article 1 Name of service item
1, 1 The name of the technical service project in this contract is:
Article 2 Contents, methods and requirements of technical services
2. 1 The contents of the technical service contract are:
) acceptance criteria
2. Party B also promises that it has the ability and relevant qualifications to perform this service contract; The technical design and technical services provided by it can meet the acceptance standards stipulated in this contract after passing.
Article 3 Time limit, place and method of performance
3. 1 The time for Party B to deliver the final technical service results is: within days after signing the contract, but not later than 20_ years.
3.2 The place of performance of this contract is the location of the entrusting party (Party A).
The way to fulfill this contract is to use technology and experience to serve specific technical projects. Specifically, Party B shall submit the engineering drawings and relevant supporting instructions required for the technical services required by Party A..
Article 4 Responsibility for confidentiality
4. 1 Both parties shall protect each other's intellectual property rights. Without the consent of the other party, neither party may modify, copy or transfer the other party's data and documents to a third party or use them for projects other than the contract. In case of the above situation, the disclosing party shall bear all the consequences arising therefrom and be liable for compensation.
4. Both parties agree that the confidentiality clause of this contract is still valid regardless of whether this contract is changed, dissolved or terminated, and each party shall continue to undertake the agreed confidentiality obligation until the information is legally disclosed.
4.3 Party B promises that the ownership of any achievements arising from the performance of this Agreement belongs to Party A. ..
Article 5 Acceptance Criteria and Methods
5. 1 Party A and Party B agree that the technical service achievements shall be regarded as unilateral acceptance by Party A, and a written acceptance certificate shall be issued, but the acceptance certificate does not mean that Party B has completed the performance of this contract.
Article 6 Remuneration and its payment method
6. 1 Both parties agree that the total technical service fee of this contract is RMB (amount in words:). Apart from this fee, Party A does not need to pay any other fees to Party B.. The above technical service fee shall be paid according to the following schedule:
(1) Within 15 days after the signing of this contract, Party A shall pay Party B 20% of the total contract price as an advance payment, but Party B shall also provide an advance payment guarantee issued by the bank.
(2) Within 15 days after Party B submits all the technical achievements required for technical services to Party A and issues the acceptance certificate after acceptance by Party B, Party A shall pay 40% of the total contract price as the progress payment, but Party B shall also issue a special VAT invoice of 17% (the tax invoice amount is the total contract price).
(3) After the civil engineering construction involved in this technical service is completed and accepted by Party A in writing, 30% of the total contract amount shall be paid as the progress payment.
(4) The remaining 10% shall be used as quality deposit, which shall be returned by Party A to Party B after the performance of this contract and the expiration of one-year quality guarantee.
Article 7 Liability of both parties
7. 1 Responsibilities of the person in charge
7. 1, 1 Except for the payment obligation stipulated in Article 6 of this contract, Party A shall not assume any other responsibilities. If Party A fails to pay on time, it shall pay the bank deposit interest for the same period to Party B; However, Party A's payment is overdue, and Party B cannot delay the delivery of technical service achievements.
7. 1 2 The work items agreed by Party A in the Technical Service Agreement attached to this contract are for reference only. If Party A fails to consider it, Party B shall meet the requirements of technical services to the greatest extent according to its authority and professionalism in the industry.
7. 1 3 After the signing of this contract, if Party A requests to terminate or dissolve the contract, and if Party B fails to start the design work, Party A will not be liable for breach of contract; When the design work has started, if it is less than half, Party A shall pay 20% of the total contract price according to the actual workload completed by Party B; If it exceeds half, Party A shall pay 40% of the total contract price. In addition, Party A does not assume any other liabilities for breach of contract and compensation.
7.2 Responsibility of Service Provider
7. 2. 1 Party B shall carry out the design according to the national regulations and the technical specifications and standards agreed in this contract, and deliver the design documents to Party A according to the contents, time and number specified in this contract or its annexes. And be responsible for the quality of the submitted design documents. Party B shall be responsible for modifying or supplementing the omissions or errors in the design documents.
7, 2, 2 The design reasonable service life shall be implemented according to the relevant regulations promulgated by the state or professional departments.
7, 2, 3 If Party B fails to submit the service results within the time limit agreed in the contract or the submitted service results fail to meet the acceptance criteria, Party B shall be liable for overdue breach of contract and pay 65,438+0% of the total contract price for every 65,438+0 days overdue. If the overdue period exceeds 30%, Party B shall not only fully refund the fees paid by Party A, but also pay Party B a penalty not less than the total contract price. If rework is caused by unqualified acceptance, the construction period will not be postponed. If safety and quality accidents occur in the construction process and future production process of subsequent projects due to Party B's wrong service design, Party B shall compensate Party A for all losses caused thereby, including but not limited to the loss of business suspension, accident compensation fees, accident handling fees, project reconstruction fees, etc. If the loss is difficult to calculate, it shall be calculated at not less than 3-5 times of the total contract price.
7, 2 and 4 After the contract comes into effect, Party B shall not unilaterally terminate the contract. If it is really necessary to terminate the contract, it shall be negotiated with Party A in advance. At this time, Party B shall pay Party A a penalty of not less than 30% of the total contract price.
7, 2, 5 After delivering the design documents, Party B shall participate in the design review of the relevant superiors as required, and be responsible for making necessary adjustments and supplements to the contents not exceeding the original scope according to the review conclusions. Party A shall organize the construction of some civil works and mechanical and electrical equipment installation and debugging projects according to the actual project progress, and Party B shall undertake the cooperation obligations and technical services according to the relevant provisions of this contract, and shall be jointly and severally liable for the quality and construction progress of these two projects.
Article 8 Settlement of disputes
8. 1 In case of any dispute between Party A and Party B during the performance of this contract, both parties shall settle it through friendly negotiation; If negotiation fails, it shall be submitted to the people's court of the place where the contract is performed.
Article 9 This contract shall come into effect after being signed and sealed by both parties.
Article 10 Matters not covered in this contract shall be settled by both parties through consultation.
Article 11 This contract is made in triplicate, two for Party A and one for Party B, all of which have the same legal effect.
Party A (seal): Party B (seal):
Person in charge: person in charge:
Telephone telephone
Bank of deposit: Bank of deposit:
Account number: Account number Bank account number:
Taxpayer registration number: taxpayer registration number
Date: Date:
Commissioned Development Technical Service Contract 2 Entrusting Party (Party A): Research and Development Party (Party B): Signing place:
Date of signing:
According to the Contract Law of People's Republic of China (PRC), both parties to the contract reached an agreement on the technical development and service of the project and signed this contract.
I. Contents, forms, requirements and delivery methods of entrusted technology
Party A entrusts Party B to develop XXXXXXXXXXXXXXXX system, and the specific parameters shall be implemented in accordance with the technical agreement. After the development platform passes the test, the source code is delivered at one time. __ __
Two, research and development funds, service fees and their payment or settlement.
R&D funds and service fees of this project: RMB _ _, and the payment method and time limit of funds and service fees (in the following ways):
① One-time payment: RMB, time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
② Installment payment: _ _ _ XXXXXXXX _ Yuan, time: _ _ _ _ _ _ _ _
Three. Performance period and guarantee period of the contract
This contract shall be performed on _ _ _ _ _ _ _ _.
The warranty period is _ _ _ _ _ _ _ _ _ _ _ _ _ years, that is, _ _ _ _ _ _ _ _ _ years.
Fourth, after-sales service responsibility.
Party B promises to keep all relevant information of this project confidential for Party A. After receiving Party A's service requirements for this project by telephone, fax, letter and email, Party B shall respond and provide services within 72 hours, and the service fee shall be calculated separately after the warranty period.
Verb (abbreviation of verb) ownership and sharing of technological achievements
(1) Patent application right: owned by Party A.
(II) The right to use and transfer the non-patented technological achievements: _ _ belongs to Party A.
Six, acceptance criteria and methods
The research and development achievements reach the technical indicators listed in the annex to the contract, and will pass the trial operation acceptance, and Party A will issue the technical project acceptance certificate.
Seven, the solution to the dispute
Any dispute arising from the performance of this contract shall be settled by both parties through consultation.
If both parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, both parties agree to adopt the following method. 1, submitted to the local arbitration commission for arbitration; 2, to the local people's court.
Eight. This contract is made in duplicate, one for each party.
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contact address and telephone number: contact address and telephone number: representative: _ _ _ _ _ _ _ representative: _ _ _ _ _ _ _ _ representative: _ _ _ _ _ _ _ _ representative: _ _ _ _ _ _ _ _
Commissioned development of technical service contract 3 technical service projects: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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 may agree on the necessary investigation, research, analysis, demonstration, testing and determination activities carried out by the service provider during the performance of the contract. If they are not included in the contract remuneration, which party shall pay, the amount and the way of payment.
Party A (signature): XXXXXXXXXXXX Party B (signature): XXXXXXXXXXXX
Legal representative (person in charge) Legal representative (person in charge):
Authorized representative: authorized representative: