Technology Development Contract Template of the Ministry of Science and Technology
Technology Development Contract Template of the Ministry of Science and Technology. The contract is one of the rights protection methods used by modern people to protect their own interests. As long as one party violates the contract The other party can initiate legal proceedings if the content of the contract is not included, so we must read it clearly when signing the contract. The following is a sample technology development contract from the Ministry of Science and Technology, for reference only! Technology Development Contract of the Ministry of Science and Technology 1
Project name: _______________
(Party A) Client: _______________
(Party B) Research Developer: ___________
Validity period: ____year__month__day to ____year__month__day
According to the "People's Republic of China and the People's Republic of China" According to the provisions of the Contract Law, both parties to the contract signed this contract after reaching consensus through consultation on the technological development of the ______ project.
1. Content, form and requirements of the subject technology:
2. Technical indicators and parameters that should be achieved:
3. Research and development plan:
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4. Research and development funds, remuneration and payment or settlement methods:
(1) Research and development funds refer to the costs required to complete this research and development work; remuneration refers to the project Fees for the use of development results and scientific research subsidies for research and development personnel;
Research and development funds and remuneration for this project: ______ yuan
Among them: Party A provides _____ yuan
If the development results are fully reimbursed, the parties agree as follows:
(2) The method and time limit for payment of funds and remuneration (using the following ____ method):
① Once Total payment: ______ yuan, time: _______
② Installment payment: ______ yuan, time: _______
③ Profit: _______ yuan, time: _______
④Based on sales: ______ commission, period: _____
⑤Other methods: ______ commission, period: _____
5. Equipment purchased with research and development funds, Property ownership of equipment and materials:
6. Time limit, place and method of performance:
This contract runs from ____month__ to ____year_ It will be performed at ____ (location) on _month__.
Method of performance of this contract: _______________
7. Confidentiality of technical information and data: _______________
8. Contents of technical collaboration and technical guidance: ___________
9. Assumption of risk responsibility:
In the process of performing this contract, it is true that the research and development fails partially or completely due to technical difficulties that are difficult to overcome at the current level and conditions. The risk liability for the losses caused shall be borne by ___. (1. Party B; 2. Both parties; 3. Both parties shall agree separately)
As agreed, Party A shall bear the risk liability ____
Party B shall bear ____
The method for confirming the risk responsibility of this project is:
10. Ownership and sharing of technological achievements:
(1) Patent application rights:
(2) Non-profit The right to use and transfer patented technological achievements:
11. Standards and methods for acceptance:
The technological achievements completed by research and development have reached the level of technology listed in Article 2 of this contract The indicators are accepted according to ___ standards and adopted ___ method, and the ___ party will issue a technical project acceptance certificate.
12. Calculation method of liquidated damages or loss compensation:
In case of violation of this contract, the defaulting party shall bear liability for breach of contract in accordance with the provisions of the contract law.
(1) In case of violation of Article ___ of this contract, Party ____ shall be liable for breach of contract in the following manner and amount:
(2) In case of violation of Article ___ of this Contract The __ contract stipulates that the ____ party shall bear the liability for breach of contract. The manner of liability and the amount of breach of contract are as follows:
13. Dispute resolution:
If a dispute occurs during the performance of this contract, Both parties should negotiate to resolve the matter, or they may request ____ for mediation.
If both parties are unwilling to negotiate or mediate to resolve the matter, or if negotiation or mediation fails, the parties shall agree to adopt the following ____ method to resolve the matter.
(1) Any dispute arising out of this contract shall be submitted to the ____ Arbitration Commission for arbitration;
(2) Resolved according to judicial procedures.
14. Explanation of nouns and terms:
15. Others (including the rights, obligations, service fees and payment methods of intermediaries, deposits, property mortgages, guarantees, etc. above-mentioned terms Matters not covered):
When signing this contract, please note:
(1) A technology development contract refers to the agreement between the parties regarding new technologies, new products, new processes and new materials and their A contract entered into for systematic research and development. Technology development contracts include entrusted development contracts and cooperative development contracts.
(2) Content and form of the subject technology:
Including the technical and economic indicators that the development project should achieve, development purpose, scope of use and benefits, as well as the method and quantity of results submission.
Submission of development results can take the following forms:
① Product design, process procedures, material formulas and other technical documents such as drawings, papers, reports;
② Disks, tapes, computer software;
③New animal or plant varieties, microbial strains;
④Samples, prototypes;
⑤Complete sets of technical equipment.
(3) Research and development plan:
Including the stage progress of the development project implemented by the parties, the technical problems to be solved at each stage, the goals to be achieved and the deadline for completion, etc.
(4) Confidentiality of technical information and data:
Including the content, deadline and liability of each party for leaking technical secrets of information and data confidentiality obligations. The parties can agree that this clause will be valid regardless of whether this contract is modified, canceled or terminated.
(5) Others
If the contract is signed through an intermediary agency, the intermediary contract should be included as an attachment to this contract. If both parties agree on a deposit, property mortgage and guarantee, a copy of the deposit, property mortgage and guarantee procedures should be attached as an attachment to this contract.
(6) When entrusting an agent to sign this contract, a certificate of entrustment shall be issued.
Client: _______________ Person in charge: ______________
Research and development party: __________ Signature and seal of person in charge: _____________
Signing date: ____ Date of signing: ___ month ___, _____ year, Ministry of Science and Technology Technology Development Contract 2
Contract number:
Technical Service Contract
Project name: _______________________________________
Client (Party A): ____________________________________
Trustee (Party B): ____________________________________
Signing time: ______________________________________
Place of signing: _________________________________________
Validity period: _________________________________________
Printed by the Ministry of Science and Technology of the People’s Republic of China
Filling Instructions
1. This contract is a model text of a technical consulting contract printed by the Ministry of Science and Technology of the People's Republic of China and the Ministry of Science and Technology of the People's Republic of China. Each technology contract registration agency may recommend the parties to the technology contract to refer to it.
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2. This contract applies to contracts entered into by one party (the entrusted party) to provide the other party (the entrusting party) with feasibility studies, technical forecasts, special technical investigations, and analysis and evaluation reports for specific technical projects.
3. If one party to the contract is multiple parties, they can be arranged as *** under "Principal Party" and "Assigned Party" (added pages) according to their respective roles in the contractual relationship. The same principal or *** the same trustee.
4. Matters not covered in this contract may be separately agreed upon by the parties on attached pages, and may be made an integral part of this contract.
5. If the parties agree that there are no clauses that do not need to be filled in when using this contract, the words "none" should be marked in the clauses.
6. When Sun Yat-sen University signs a technical contract with an external party, the legal person (principal) of Sun Yat-sen University or its authorized agent (leader of the Social Science Department) must review the contract content and sign it.
7. The "Recognition Matters" section on the last page of the contract text shall be filled in by the technology contract recognition and registration department and stamped with the official seal as a proof of technology contract recognition and registration.
8. The contract text is required to be printed in the prescribed format, in A4 format (height 297 mm, width 210 mm), and mounted vertically. The left side is the binding edge, and the font used for the main text should be no smaller than 5-point font. The original contract, the technical data related to the matters agreed in this contract, and its designated attachments should be combined into a volume, and its size should be the same as The contract is consistent.
9. After the contract is signed and stamped by the legal persons (authorized agents) of both parties, the original contract must be submitted to the Social Science Office in six copies so that the Social Science Office can register the contract and apply for tax exemption on science and technology income. matters. If the project leader fails to fill in the contract or sign the project contract on his own in accordance with the relevant requirements of this description, the project leader will be responsible for the legal issues involved in the project and the business tax, income tax and other expenses levied by the tax bureau.
Technical Service Contract
Client (Party A): ____________________________________________ Residence: ____________________________________________ Legal Representative: ____________________________________________ Project Contact Person: ____________________________________________ Contact Information
Mailing Address ：______________________________________________ Telephone: ______________ Fax: _________
E-mail: ____________________________________________ Party B (Party B): Technology Development Contract 3 of the Ministry of Science and Technology of XX University
Party A: _______________________
Party B: __________________
The above-mentioned parties A and B have reached the following agreement through friendly consultations. Both parties declare that they have understood and recognized all the contents of this contract, agree to assume their respective rights and obligations, and faithfully perform this contract. Article 1 Contract Item
Party A develops __________________ software (stand-alone version/network version) for Party B. Article 2 Software price, payment method
1. Software price: The '________ software (stand-alone version/network version) developed by Party A and Party B is priced at RMB________/set.
2. Payment method: Within _______ days after signing this contract, Party B must deliver to Party A a deposit of _________ for the software pricing, that is, _________ yuan. After the software is developed by Party A and has been inspected and passed by Party B, Party B shall pay Party A the remaining ________ software development funds in one lump sum, which is _________ yuan. Article 3 Software Development Time
Party A will start software development from the date this contract is signed. Development time is _____ months. That is, from ____ month ____, ______ year, to ____ month _____ day, ______ year. This period may be extended or shortened by mutual agreement between the parties. Article 4 Software Acceptance Standards
Party B’s standards for software acceptance shall be based on the functional description attached to the contract jointly prepared by both parties. Article 5 After-sales Service Terms and Time
Party A will train a certain number of software users for Party B free of charge.
Party A provides one year of free software system maintenance services. Including data organization, backup, etc. This time is one year starting from the date when the software is accepted by Party B. After the free service period expires, another service agreement will be signed.
If Party A upgrades the software system during the two-year period from the date of software acceptance, Party A will provide Party B with system upgrade services free of charge. After the expiration of the period, Party A will provide users in need with the latest version of the system upgrade service and charge a unified fee.
Article 6 The computer hardware equipment and operating system used by Party B to run the software shall be handled by Party B by itself. Party A will not provide upgrades or maintenance for Party B's computer platform, and will not be responsible for Party B's other software copyrights and other matters.
Article 7 If Party B wants to add other functions other than the contract attachment (functional design document) during the use of the software, Party B will have to pay Party A additional development costs; such as If it is a quality problem with the software itself, Party A will correct it for Party B free of charge.
Article 8 The software developed by Party A for Party B can only be used within the scope of Party B’s unit of the contract. Party B shall properly keep the software products developed by Party A, respect all copyrights of Party A, and shall not reverse engineer, decompile, disassemble or rent the software products sold by Party A. Otherwise, Party B is willing to bear all losses caused to Party A, and Party A reserves the right to pursue Party B's legal liability.
Article 9 Others
1. Party A is only responsible for developing software. Party B uses the software to do other things, and Party B will be responsible for the consequences.
2. This contract cannot be canceled except in the case of force majeure or mutual agreement.
3. If both parties have any disputes during the contract period, they should be resolved through friendly negotiation. If the negotiation fails, it can be submitted to the Shenzhen Economic Arbitration Institution for arbitration.
Article 10 This contract is made in two copies, with Party A and Party B each holding one copy.
Article 11 This contract shall take effect from the date of signing the contract.
Party A (seal): _________ Party B (seal): _________
Representative (signature): _________ Representative (signature): _________
_________ Year ____ month ____ day ______ year ____ month ____ day