(完整版)软件服务外包合同英文版
英文软件服务合同范本
英文软件服务合同范本ENGLISH SOFTWARE SERVICE AGREEMENTTHIS SOFTWARE SERVICE AGREEMENT (the "Agreement") is made and entered into as of the __________ day of __________, 20__, by and between __________ ("Service Provider"), a company incorporated under the laws of __________, with its principal place of business at __________, and __________ ("Client"), a company incorporated under the laws of __________, with its principal place of business at __________.WHEREAS, Service Provider is engaged in the business of providing software services and has agreed to provide certain software services to Client; andWHEREAS, Client desires to engage Service Provider to provide such software services on the terms and conditions set forth herein.NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:1. Scope of ServicesService Provider shall provide the following software services to Client (the "Services"): __________. The Services shall be performed in accordance with the specifications andrequirements set forth in Exhibit A attached hereto.2. TermThis Agreement shall commence on the Effective Date and shall continue for a period of __________ (the "Term"),unless earlier terminated in accordance with the provisionsof this Agreement.3. Fees and PaymentClient shall pay to Service Provider the fees for the Services as set forth in Exhibit B attached hereto (the "Fees"). Payment of the Fees shall be due __________ daysfrom the date of invoice, and shall be made in accordancewith the payment terms specified in Exhibit B.4. DeliverablesService Provider shall deliver to Client the followingitems (the "Deliverables"): __________. The Deliverablesshall be deemed accepted by Client upon Client's receipt thereof, unless Client notifies Service Provider of anydefects or non-conformities within __________ days of receipt.5. Warranty and DisclaimerService Provider warrants that the Services will be performed in a professional and workmanlike manner and will conform to the specifications set forth in Exhibit A. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.6. ConfidentialityBoth parties agree to keep confidential all information disclosed by the other party which is identified asconfidential or which a reasonable person would understand to be confidential ("Confidential Information"). Each party agrees to use Confidential Information solely for the purpose of performing its obligations under this Agreement.7. Intellectual Property RightsAs between the parties, Service Provider retains all right, title, and interest in and to the software and any modifications or enhancements thereto. Client shall not have any rights to the software except as expressly granted herein.8. TerminationEither party may terminate this Agreement upon __________ days' written notice if the other party breaches any material term or condition of this Agreement and fails to cure such breach within __________ days after receipt of written notice thereof.9. IndemnificationClient shall indemnify, defend, and hold harmless Service Provider, its officers, directors, employees, and agents from and against any and all claims, damages, and expenses arising out of or in connection with Client's use of the Services.10. Limitation of LiabilityService Provider's liability for any claim, whether in contract, tort, or otherwise, arising out of or in connection with this Agreement shall not exceed the total amount of Feespaid by Client to Service Provider under this Agreement.11. Force MajeureNeither party shall be liable to the other for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond the reasonable control of that party.12. Governing Law and Dispute ResolutionThis Agreement shall be governed by and construed in accordance with the laws of the __________. Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of the __________.13. MiscellaneousThis Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. This Agreement may be amended only in writing signed by both parties.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.SERVICE PROVIDER: __________By: __________ Name: __________CLIENT: __________By: __________ Name: __________ Title: __________。
全方位的软件外包合同模式英文版
全方位的软件外包合同模式英文版Comprehensive Software Outsourcing Contract ModelsSoftware outsourcing is a common practice in the tech industry, where companies hire external vendors to develop software applications or provide related services. When entering into a software outsourcing agreement, it is crucial to have a comprehensive contract in place to clearly outline the scope of work, responsibilities of both parties, and the terms and conditions of the agreement.There are various contract models that can be used for software outsourcing, each with its own advantages and considerations. One common model is the Time and Materials (T&M) contract, where the vendor is paid based on the time and resources spent on the project. This model offers flexibility and allows for changes in the project scope during the development process.Another popular contract model is the Fixed Price contract, where the vendor agrees to deliver the project for a predetermined price. This model provides cost certainty for the client but may limit flexibility in making changes to the project scope.A third contract model is the Dedicated Team contract, where the vendor provides a team of developers who work exclusively on the client's project. This model allows for greater control and collaboration between the client and the vendor, ensuring that the project meets the client's specific requirements.It is important to consider the specific needs of your project when choosing a software outsourcing contract model. Factors such as project complexity, timeline, budget, and level of control required should all be taken into account when making this decision.In conclusion, a comprehensive software outsourcing contract is essential for a successful partnership between a client and a vendor. By carefully considering the various contract models available and selectingthe one that best aligns with your project requirements, you can ensure a smooth and successful software development process.。
英语软件服务合同模板
英语软件服务合同模板This Software Service Agreement (“Agreement”) is made and entered into as of [Date], (“Effective Date”) by and between [Company Name], a [State of Incorporation] corporation, having its principal place of business at [Company Address] (“Company”) and [Client Name], having its principal place of business at [Client Address] (“Client”).WHEREAS, Company is engaged in the business of providing software development services; andWHEREAS, Client desires to engage Company to provide software development services; andWHEREAS, Company desires to provide such software development services to Client under the terms and conditions set forth herein.NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties hereto agree as follows:1. Scope of ServicesCompany shall provide software development services to Client, as outlined in the Statement of Work (“SOW”) attached hereto as Exhibit A. The SOW shall include a description of the services to be provided, the deliverables, the schedule, and the fees for such services. Any changes to the SOW must be mutually agreed upon in writing by both parties.2. Fees and PaymentClient shall pay Company the fees outlined in the SOW for the services provided under this Agreement. Payment terms shall be [Net 30/60/90], unless otherwise specified in the SOW. In the event of late payment, Client shall be responsible for any costs associated with collection, including but not limited to collection agency fees and attorney fees.3. ConfidentialityDuring the course of providing services under this Agreement, each party may have access to confidential information of the other party. The parties agree to keep confidential all such information, and to not disclose it to any third party without the other party’s prior written consent. This obligation of confidentiality shall survive the termination of this Agreement.4. Intellectual Property RightsAll intellectual property developed by Company in the course of providing services under this Agreement shall be owned by Company. Company hereby grants Client a non-exclusive, non-transferable license to use such intellectual property for the purposes set forth in theSOW. Client shall not have the right to sublicense, assign, or transfer such intellectual property without Company’s prior written consent.5. WarrantiesCompany warrants that the services provided under this Agreement will be performed in a professional and workmanlike manner, and in accordance with industry standa rds. Client’s sole remedy for any breach of this warranty shall be the re-performance of the services at no additional cost to Client.6. Limitation of LiabilityIn no event shall either party be liable to the other for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, even if such party has been advised of the possibility of such damages. Each party’s total liability under this Agreement shall not exceed the fees paid by Client to Company under this Agreement.7. Term and TerminationThis Agreement shall commence on the Effective Date and continue until all services under the SOW have been completed, unless terminated earlier as provided herein. Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches any provision of this Agreement and fails to cure such breach within [number] days of receiving written notice of the breach.8. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles. Any dispute arising out of or related to this Agreement shall be resolved exclusively by arbitration in [City], [State], in accordance with the rules of the American Arbitration Association.9. Entire AgreementThis Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, whether oral or written, between the parties. This Agreement may not be modified except in writing signed by both parties.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.Company: [Company Name]By: _________________________Name: _______________________Title: ________________________ Date: _______________________ Client: [Client Name]By: _________________________ Name: _______________________ Title: ________________________ Date: _______________________ Exhibit A - Statement of Work [Attach SOW]。
软件服务中英合同范本
软件服务中英合同范本本文档为软件服务中英合同的范本,旨在明确软件服务供应商与客户之间的权益和责任。
请在签署之前仔细阅读,并确保双方充分理解合同中的条款和条件。
1. 合同订立本合同由以下各方共同订立:•供应商:[供应商名称](以下简称“供应商”)•客户:[客户名称](以下简称“客户”)2. 服务概述供应商将向客户提供下列软件服务:•[服务名称1]:服务描述1。
服务开始日期至结束日期,服务费用为[金额]。
•[服务名称2]:服务描述2。
服务开始日期至结束日期,服务费用为[金额]。
•…3. 服务费用与付款方式客户应按以下方式支付软件服务费用:•服务费用支付周期:[月/季/年]。
•服务费用金额:[金额]。
•付款方式:[付款方式]。
•发票开具:发票将于每个支付周期结束后的一个月内开具。
4. 服务期限与终止本软件服务合同的服务期限由供应商和客户协商确定。
•合同开始日期:[开始日期]。
•合同结束日期:[结束日期]。
终止合同的条件和方式如下:•客户或供应商在提前[提前期限]通知对方书面终止合同。
•如客户或供应商违反合同条款且在[违约期限]内不能纠正,则对方有权立即终止合同。
5. 服务责任与义务供应商应履行以下责任与义务:•提供合同中约定的软件服务。
•保证软件服务的稳定性和可靠性。
•及时处置软件服务中出现的故障或问题。
•提供必要的技术支持和培训。
•保护客户的隐私和数据安全。
客户应履行以下责任与义务:•按时支付软件服务费用。
•配合供应商进行软件服务的部署和使用。
•提供所需的硬件和网络环境。
6. 保密条款双方应妥善保管并保密对方提供的商业机密信息,并在合同终止后继续履行保密义务。
7. 争议解决本合同的履行、解释和争议解决适用中华人民共和国的法律。
双方如对于本合同的履行发生争议,应尽量友好协商解决。
如协商不能解决,则提交至有管辖权的人民法院进行仲裁解决。
8. 其他条款•本合同一式两份,供应商和客户各持一份,具有同等法律效力。
软件服务外包合同协议书英文版
软件服务外包合同协议书英文版The manuscript was revised on the evening of 2021Contract No.:Technology Development (Commission) Contract Project Name:_____________Entrusting Party (Party A): ___________Entrusted Party (Party B): ___________Date:_______________Sign at: ______________Validity: ______________Printed by Ministry of Science and Technology of the People’s Republic of ChinaInstructionThe contract is a sample for Technology Development Contract printed by Ministry of Science and Technology of the People’s Republic of China. The technical contract registry organs can recommend the sample to the parties concerned in technology contracts for reference.1.The contract is applied for the technology development contracts inwhich one party entrusts the other party to research and develop new technologies, products, crafts, materials or new varieties and series.2.If there are several representatives in either party, Party A or Party Bcould be respectively listed as common entrusting party or common entrusted party in the “Entrusting Party” or “Entrusted Party”provisions(new page) according to their own relations in thecontract.3. Any conditions not stipulated here will be listed in the appendix in accordance with to the partie s’ negotiations. And the appendix forms an indispensable part of this contract.4. As for the terms and conditions no need to be filled in this contract agreed upon by the parties, they should be indicated with the word such as N/A.Technology Development (Commission) ContractEntrustingParty(PartyA): XXX GermanyLocation: _________________________________________________ Legal Representative:______________ ___________________________ Project Contact Person:____________________________________________________Contact Information:Address:__________________________________________________________________ Tel: __________________________ Fax: _______________________ Email: _________________________________________________ Entrusted Party (Party B): Hangzhou Huixian Technology Co., LTD Zhejiang China ( Hangzhou Huixian Technologie GmbH)Location: _______________________________________________ Legal Representative: ______________________________________ Project Contact Person: ____________________________________ Contact Information: ___________________________________ Address: _____________________________________________Tel: ________________________ Fax: ______________________ Email: _________________________________________________In the Contract, Party A entrust Party B to research and develop _ SAP Software_ Project. The R&D fund and remuneration shall be born byParty A. Party B accepts the entrustment and hereby conducts the R&D work. In accordance with the Contract Law of the People’s Republic of China, and on the principle of reality and mutual agreement through negotiations on the basis of equality, the following articles are reached and abided by the two parties:Article 1 The requirements of the R&D project in the Contract1. Technical Objective:2. Technical Content:___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 3. Technical Method and Strategy:___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Article 2 Party B shall submit the R&D plan to Party A within___ days after this Contract comes into effect. The plan should include the following content:1.______________________________________________________ 2.______________________________________________________ 3.______________________________________________________ 4. ______________________________________________________ Article 3Party B shall accomplish the R&D work according to the following schedule:1._____________________________________________________ 2.______________________________________________________ 3. ______________________________________________________ Article 4 Party A shall provide the following technical data and cooperation to Party B:1. Technical Data List:______________________________________________________ ______________________________________________________ ______________________________________________________2.Delivery Date and Manner:________________________________________________________________________________________________________________________________________________________________3. Other cooperation matters:_________________________________________________________________________________________________________________________________________________________________After the performance of the Contract, the above technical data shall be handled by the following ways:___________________________________________________________ ___________________________________________________________ Article 5 Party A shall pay the R&D fund and remuneration according to the following terms:1.The total amount of the R&D fund and remuneration is _____. Including: (1) __________________________________________;(2) __________________________________________;(3) __________________________________________;(4) __________________________________________。
(完整版)软件服务外包合同英文版.doc
Contract No. :Technology Development (Commission) ContractProject Name:_____________Entrusting Party (Party A): ___________Entrusted Party (Party B): ___________Date:_______________Sign at: ______________Validity:______________Printed by Ministry of Science and Technology of the People’ s Republic of ChinaInstructionThe contract is a sample for Technology Development Contract printedby Ministry of Science and Technology of the People’ s Republic of Chi The technical contract registry organs can recommend the sample tothe parties concerned in technology contracts for reference.1.The contract is applied for the technology development contracts inwhich one party entrusts the other party to research and develop newtechnologies, products, crafts, materials or new varieties and series.2.If there are several representatives in either party, Party A or Party Bcould be respectively listed as common entrusting party or commonentrusted party in the “Entrusting Party” or “Entrusted Party”provisions(new page) according to their own relations in thecontract.3.Any conditions not stipulated here will be listed in the appendix inaccordance with to the parties’ negotiations. And the appendix forms an indispensable part of this contract.4.As for the terms and conditions no need to be filled in this contractagreed upon by the parties, they should be indicated with the word suchas N/A.Technology Development (Commission) ContractEntrustingParty(PartyA): XXX GermanyLocation: _________________________________________________ Legal Representative:______________ ___________________________ Project Contact Person:____________________________________________________ Contact Information:Address: __________________________________________________________________ Tel: __________________________ Fax: _______________________ Email: _________________________________________________ Entrusted Party (Party B): Hangzhou Huixian Technology Co., LTD Zhejiang China ( Hangzhou Huixian Technologie GmbH)Location: _______________________________________________ Legal Representative: ______________________________________ Project Contact Person: ____________________________________ Contact Information: ___________________________________ Address: _____________________________________________ Tel: ________________________ Fax: ______________________ Email: _________________________________________________In the Contract, Party A entrust Party B to research and develop _ SAP Software_ Project. The R&D fund and remuneration shall be born by Party A. Party B accepts the entrustment and hereby conducts the R&Dwork. In accordance with the Contract Law of the People’ s Republic o China, and on the principle of reality and mutual agreement throughnegotiations on the basis of equality, the following articles are reachedand abided by the two parties:Article 1 The requirements of the R&D project in the Contract1.Technical Objective:2.Technical Content:_________________________________________________________________________________________________________________________________________________________________________________3. Technical Method and Strategy:_________________________________________________________________________________________________________________________________________________________________________________Article 2 Party B shall submit the R&D plan to Party A within___ daysafter this Contract comes into effect. The plan should include thefollowing content:1 . ______________________________________________________2 . ______________________________________________________3 . ______________________________________________________ 4.______________________________________________________ Article 3 Party B shall accomplish the R&D work according to the following schedule:1._____________________________________________________ 2 . ______________________________________________________ 3.______________________________________________________ Article 4 Party A shall provide the following technical data and cooperation to Party B:1.Technical Data List:______________________________________________________ ______________________________________________________ ______________________________________________________2.Delivery Date and Manner:________________________________________________________________________________________________________________________________________________________________3.Other cooperation matters:_________________________________________________________________________________________________________________________________________________________________ After the performance of the Contract, the above technical data shallbe handled by the following ways:___________________________________________________________ ___________________________________________________________ Article 5 Party A shall pay the R&D fund and remuneration according to the following terms:1. The total amount of the R&D fund and remuneration is _____. Including: (1);(2);(3);(4)。
英文软件服务外包合同
英文软件服务外包合同Outsourced Software Development Services Contract.Article 1: Definitions.1.1 "Contractor" shall mean the party providing the Software Development Services as specified in this contract.1.2 "Client" shall mean the party receiving theSoftware Development Services as specified in this contract.1.3 "Software Development Services" shall mean the services provided by the Contractor to the Client, which include but are not limited to the design, development, testing, implementation, maintenance, and support of software systems and applications.Article 2: Scope of Work.2.1 The Contractor shall provide the SoftwareDevelopment Services to the Client as specified in the Statement of Work (SOW) attached hereto as Annex A. The SOW shall detail the specific tasks, deliverables, andtimelines for the Software Development Services.2.2 The Client shall have the right to request modifications to the SOW during the term of this contract. Any such modifications shall be mutually agreed upon by both parties in writing and shall become part of this contract.Article 3: Term and Termination.3.1 This contract shall commence on the Effective Date specified in the SOW and shall continue until the completion of all tasks specified in the SOW, unless terminated earlier as provided for in this contract.3.2 This contract may be terminated by either party for breach of contract by the other party, provided that the breaching party is given notice of the breach and fails to correct the breach within a reasonable period of timespecified in the notice.3.3 Upon termination of this contract, the Contractor shall deliver to the Client all work product, documentation, and other materials related to the Software Development Services performed under this contract.Article 4: Fees and Payment.4.1 The Client shall pay the Contractor the fees specified in the SOW for the Software Development Services performed under this contract.4.2 Payment shall be made in accordance with the payment terms specified in the SOW. The Contractor shall invoice the Client for the fees due and the Client shallpay such invoices within the specified payment terms.4.3 If the Client fails to make any payment when due, the Contractor may, in addition to any other rights or remedies it may have, charge interest on the overdue amount at the rate specified in the SOW.Article 5: Confidentiality and Intellectual Property.5.1 Both parties shall maintain the confidentiality of all non-public information obtained from the other party during the term of this contract, including but not limited to trade secrets, business plans, technical information, and any other confidential or proprietary information.5.2 All intellectual property rights in and to the Software Development Services and any related work product shall vest in the Client, subject to any pre-existing intellectual property rights of the Contractor. The Contractor shall assign all such rights to the Client upon completion of the Software Development Services.5.3 The Client shall indemnify and hold harmless the Contractor from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the use or misuse of any intellectual property rights owned or controlled by the Client.Article 6: Warranties and Support.6.1 The Contractor shall perform the Software Development Services in a professional and workmanlike manner, and shall use reasonable care and skill in the performance of its obligations under this contract.6.2 The Contractor shall warranty that the Software Development Services shall be free from defects in workmanship and materials for a period of ninety (90) days from the date of completion of the Software Development Services, as specified in the SOW.6.3 The Contractor shall provide support and maintenance services for the Software Development Services as specified in the SOW. Such support and maintenance services shall include bug fixes, patches, and updates as necessary to ensure the proper operation of the Software Development Services.Article 7: General Provisions.7.1 This contract shall be governed by and construed in accordance with the laws of the country specified in the SOW.7.2 Any disputes arising out of or related to this contract shall be settled through friendly consultation between the parties. If such consultation fails to resolve the dispute, the parties shall submit the dispute to arbitration in accordance with the arbitration rules specified in the SOW.7.3 This contract shall constitute the entire agreement between the parties relating to the subject matter hereof and shall supersede any prior agreements or understandings between the parties.7.4 This contract may not be assigned or transferred by either party without the written consent of the other party.7.5 This contract shall be binding upon and inure tothe benefit of the parties and their respective successorsand assigns.Article 8: Execution.8.1 This contract shall be executed in the form of a written agreement signed by authorized representatives of both parties. The Contractor and the Client shall each retain one (1) original copy of this contract.8.2 This contract shall become effective as of the Effective Date specified in the SOW.Annex A: Statement of Work (SOW)。
(完整版)软件服务外包合同英文版
Contract No.:Technology Development (Commission) Contract Project Name:_____________Entrusting Party (Party A): ___________Entrusted Party (Party B): ___________Date:_______________Sign at: ______________Validity: ______________Printed by Ministry of Science and Technology of the People’s Republic of ChinaInstructionThe contract is a sample for Technology Development Contract printed by Ministry of Science and Technology of the People’s Republic of China. The technical contract registry organs can recommend the sample to the parties concerned in technology contracts for reference.1.The contract is applied for the technology development contracts inwhich one party entrusts the other party to research and develop new technologies, products, crafts, materials or new varieties and series. 2.If there are several representatives in either party, Party A or Party Bcould be respectively listed as common entrusting party or common entrusted party in the “Entrusting Party”or “Entrusted Party”provisions(new page)according to their own relations in the contract.3. Any conditions not stipulated here will be listed in the appendix in accordance with to the partie s’ negotiations. And the appendix forms an indispensable part of this contract.4. As for the terms and conditions no need to be filled in this contract agreed upon by the parties, they should be indicated with the word such as N/A.Technology Development (Commission) ContractEntrustingParty(PartyA): XXX GermanyLocation: _________________________________________________ Legal Representative:______________ ___________________________ Project Contact Person: ____________________________________________________ Contact Information:Address: __________________________________________________________________ Tel: __________________________ Fax: _______________________ Email: _________________________________________________ Entrusted Party (Party B): Hangzhou Huixian Technology Co., LTD Zhejiang China ( Hangzhou Huixian Technologie GmbH)Location: _______________________________________________ Legal Representative: ______________________________________ Project Contact Person: ____________________________________ Contact Information: ___________________________________ Address: _____________________________________________Tel: ________________________ Fax: ______________________ Email: _________________________________________________In the Contract, Party A entrust Party B to research and develop _ SAP Software_ Project. The R&D fund and remuneration shall be born by Party A. Party B accepts the entrustment and hereby conducts the R&Dwork. In accordance with the Contract Law of the People’s Republic of China, and on the principle of reality and mutual agreement through negotiations on the basis of equality, the following articles are reached and abided by the two parties:Article 1 The requirements of the R&D project in the Contract1. Technical Objective:2. Technical Content:___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 3. Technical Method and Strategy:___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Article 2 Party B shall submit the R&D plan to Party A within___ days after this Contract comes into effect. The plan should include the following content:1.______________________________________________________ 2.______________________________________________________ 3.______________________________________________________ 4.______________________________________________________ Article 3Party B shall accomplish the R&D work according to the following schedule:1._____________________________________________________ 2.______________________________________________________ 3.______________________________________________________ Article 4 Party A shall provide the following technical data and cooperation to Party B:1. Technical Data List:______________________________________________________ ______________________________________________________ ______________________________________________________2.Delivery Date and Manner:________________________________________________________________________________________________________________________________________________________________3. Other cooperation matters:_________________________________________________________________________________________________________________________________________________________________After the performance of the Contract, the above technical data shall be handled by the following ways:___________________________________________________________ ___________________________________________________________ Article 5 Party A shall pay the R&D fund and remuneration according to the following terms:1.The total amount of the R&D fund and remuneration is _____. Including: (1) __________________________________________;(2) __________________________________________;(3) __________________________________________;(4) __________________________________________。
全面版的软件外包合同范文英文版
全面版的软件外包合同范文英文版Comprehensive Software Outsourcing Contract TemplateThis software outsourcing contract ("Contract") is entered into between [Client Company Name], located at [Client Company Address] ("Client"), and [Vendor Company Name], located at [Vendor Company Address] ("Vendor"), on [Date of Contract].1. Scope of Work: Client agrees to outsource the development of [Description of Software Project] to Vendor. Vendor agrees to provide the necessary resources and expertise to complete the project as per the specifications outlined in Schedule A.2. Payment Terms: Client agrees to pay Vendor a total of [Total Contract Amount] for the services rendered. Payment shall be made in installments as outlined in Schedule B, with the final payment due upon completion and acceptance of the project.3. Project Timeline: Vendor agrees to complete the project within [Number of Months] months from the date of signing this Contract. Any delays in the project timeline must be communicated and agreed upon by both parties in writing.4. Intellectual Property Rights: Upon completion of the project and full payment of the Contract amount, all intellectual property rights, including but not limited to copyrights and patents, shall belong to the Client.5. Confidentiality: Both parties agree to keep all confidential information, including but not limited to project details and business strategies, confidential and not disclose it to any third parties without prior written consent.6. Termination: Either party may terminate this Contract with written notice if the other party breaches any terms of the Contract. In the event of termination, Vendor shall deliver all work completed up to the termination date to the Client.7. Governing Law: This Contract shall be governed by the laws of [State/Country]. Any disputes arising out of or related to this Contract shall be resolved through arbitration in [Arbitration Location] in accordance with the rules of the [Arbitration Organization].This Contract is the entire agreement between the parties and supersedes any prior agreements or understandings. Any modifications to this Contract must be made in writing and signed by both parties.Client: ________________________ Date: _______________Vendor: ________________________ Date: _______________。
外包英文合同范本
外包英文合同范本全称:_____________________________地址:_____________________________全称:_____________________________地址:_____________________________第一条合同背景1.1 “服务”(Service):指甲方委托乙方提供的外包服务,具体内容详见本协议附件一。
1.2 “合同期限”(Term):指甲方与乙方合作的时间,自本协议生效之日起至____年____月____日止。
1.3 “服务费用”(Service Fees):指甲方为乙方提供的服务所支付的报酬。
1.4 “交付物”(Deliverables):指甲方要求乙方在合同期限内提交的成果性文件或产品。
第二条权利与义务2.1 乙方的权利与义务:2.1.1 乙方负责按照本协议约定的时间、质量要求完成服务。
2.1.2 乙方应确保其提供的服务符合相关法律法规、行业标准以及甲方的具体要求。
2.1.3 乙方在合同期限内不得将本协议项下的服务全部或部分转包给第三方。
2.1.4 乙方应保守甲方的商业秘密,未经甲方书面同意,不得向第三方泄露。
2.1.5 乙方应按照甲方的要求提供必要的售后服务。
2.2 甲方的权利与义务:2.2.1 甲方应按照本协议约定的服务费用支付给乙方。
2.2.2 甲方有权对乙方提供的服务进行监督、检查,并提出改进意见。
2.2.3 甲方应协助乙方完成服务,提供必要的资料、信息和资源。
2.2.4 甲方应在合同期限内提供乙方所需的工作环境、设施等。
第三条服务费用及支付方式3.1 本协议项下的服务费用为人民币(大写):____元整(小写):____元。
3.2 甲方支付服务费用的方式如下:3.2.1 甲方在本协议签订后____个工作日内支付服务费用的50%作为预付款。
3.2.2 乙方在完成合同约定的服务内容后,甲方在验收合格后支付剩余的服务费用。
英文软件服务合同范本三篇
英文软件服务合同范本三篇篇一Software Service ContractThis Software Service Contract (the "Contract") is made and entered into as of [date] (the "Effective Date") and between [Company Name 1], a [Company Type 1] organized and existing under the laws of [Jurisdiction 1], with its principal place of business at [Address 1] (hereinafter referred to as "Client"), and [Company Name 2], a [Company Type 2] organized and existing under the laws of [Jurisdiction 2], with its principal place of business at [Address 2] (hereinafter referred to as "Service Provider").1. ServicesService Provider agrees to provide the following software services to Client (the "Services"): [Describe the specific software services to be provided].2. Term of the ContractThe term of this Contract shall mence on the Effective Date and shall continue for a period of [duration] months/years (the "Term"). The Contract shall automatically renew for successive periods of the same duration unless either party gives written notice of termination at least [notice period] days prior to the expiration of the then-current Term.3. Compensation and PaymentClient shall pay Service Provider the pensation for the Services as set forth in Appendix A attached hereto (the "Compensation"). Payments shall be made within [payment terms] days of the invoice date.4. Intellectual Property RightsAll intellectual property rights in and to the software and any modifications or enhancements thereto developed Service Provider in connection with the performance of the Services shall remn the property of Service Provider. Client shall have a non-exclusive, non-transferable license to use the software for the purposes contemplated this Contract during the Term.5. ConfidentialityEach party agrees to keep confidential all information disclosed the other party during the course of this Contract and marked as confidential or which, its nature, should reasonably be considered confidential (the "Confidential Information").6. Warranties and RepresentationsService Provider warrants that the Services will be performed in a professional and workmanlike manner in accordance with industry standards. Client represents and warrants that it has the legal right and authority to enter into this Contract.7. Limitation of LiabilityNeither party shall be liable to the other for any indirect, incidental, special, or consequential damages arising out of or in connection with this Contract. The total liability of either party for any clms arising out of or related to this Contract shall not exceed the total amount of Compensation pd or payable Client under this Contract.8. TerminationThis Contract may be terminated either party in the event of a material breach the other party that remns uncured for a period of [cure period] days after written notice of the breach is given.9. Governing Law and JurisdictionThis Contract shall be governed and construed in accordance with the laws of [Applicable Law Jurisdiction]. Any disputes arising out of or in connection with this Contract shall be resolved in the courts of [Jurisdiction for Dispute Resolution].10. Entire AgreementThis Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date.Client: [Client Name]By: [Authorized Signature]Date: [Date]Service Provider: [Service Provider Name]By: [Authorized Signature]Date: [Date]Appendix A: Compensation Detls[List the detls of the pensation, including the amount, payment schedule, and any additional terms related to payment]篇二Software Service ContractThis Software Service Contract (the "Contract") is made and entered into as of [date] (the "Effective Date") and between [Client Name] (the "Client") and [Service Provider Name] (the "Service Provider").1. ServicesThe Service Provider agrees to provide the Client with the following software services (the "Services"):[Describe the specific services to be provided, including features, functions, and any limitations or exclusions.]2. Term of the ContractThe term of this Contract shall mence on the Effective Date and shall continue for a period of [duration] (the "Term"), unless earlier terminated in accordance with the provisions of this Contract.3. Compensation and PaymentIn consideration for the Services provided the Service Provider, the Client shall pay to the Service Provider a fee of [amount] (the "Fee"). The Fee shall be payable in the following manner: [Describe the payment schedule and method.]4. Intellectual Property RightsAll intellectual property rights in and to the software and any related materials provided the Service Provider under this Contract shall remn the property of the Service Provider, except as otherwise expressly agreed in writing.5. ConfidentialityBoth parties agree to keep confidential all information disclosed the other party during the course of this Contract and not to use such information for any purpose other than as necessary to perform their obligations under this Contract.6. Warranty and Limitation of LiabilityThe Service Provider warrants that the Services will be performed in a professional and workmanlike manner. However, except as expressly provided in this Contract, the Service Provider makes no warranties, express or implied, regarding the Services.In no event shall either party be liable to the other for any indirect, incidental, special, or consequential damages arising out of or related to this Contract.7. TerminationThis Contract may be terminated either party upon written notice if the other party materially breaches any of its obligations under this Contract and fls to cure such breach within [number of days] days of receipt of written notice of the breach.8. Governing Law and Dispute ResolutionThis Contract shall be governed and construed in accordance with the laws of [jurisdiction]. Any disputes arising out of or related to this Contract shall be resolved through arbitration in accordance with the rules of [arbitration institution].9. Entire AgreementThis Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date.Client: [Client Name]Signature: [Client Signature]Date: [Client Date]Service Provider: [Service Provider Name]Signature: [Service Provider Signature]Date: [Service Provider Date]篇三Software Service ContractThis Software Service Contract (the "Contract") is made and entered into as of [date] (the "Effective Date") and between [Company Name 1], a pany incorporated and existing under the laws of [Country/State], with its principal place of business at [Address 1] (hereinafter referred to as "Client"), and [Company Name 2], a pany incorporated and existing under the laws of [Country/State], with its principal place of business at [Address 2] (hereinafter referred to as "Service Provider").1. ServicesThe Service Provider agrees to provide the following software services to the Client (the "Services"):[Describe the specific services to be provided, including features, functions, and any limitations or exclusions.]2. Term of the ContractThe term of this Contract shall mence on the Effective Date and shall continue for a period of [duration] (the "Term"), unless earlier terminated in accordance with the provisions of this Contract.3. Compensation and PaymentIn consideration for the Services provided the Service Provider, the Client shall pay to the Service Provider the sum of [amount] (the "Compensation") in the manner and at the times specified below:[Detl the payment terms, including due dates, methods of payment, and any applicable late payment penalties.]4. Intellectual Property RightsAll intellectual property rights in and to the software and any related materials provided the Service Provider under this Contract shall remn the property of the Service Provider. The Client shall have a limited license to use the software and materials solely for the purposes contemplated this Contract.5. ConfidentialityBoth parties agree to mntn the confidentiality of all confidential information disclosed during the course of this Contract and not to disclose such information to any third party without the prior written consent of the disclosing party.6. Warranties and RepresentationsThe Service Provider warrants that the Services will be performed in a professional and workmanlike manner and in accordance with industry standards. The Client represents that it has provided accurate and plete information necessary for the Service Provider to perform the Services.7. Limitation of LiabilityIn no event shall either party be liable to the other for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Contract, except to the extent such damages are caused the gross negligence or willful misconduct of the liable party.8. TerminationThis Contract may be terminated either party upon written notice in the event of a material breach the other party that remns uncured within [cure period] days of written notice of such breach.9. Governing Law and Dispute ResolutionThis Contract shall be governed and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or related to this Contract shall be resolved through arbitration in accordance with the rules of [Arbitration Institution].10. Entire AgreementThis Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and negotiations, whether written or oral.IN WITNESS WHEREOF, the parties have executed this Contract as of the Effective Date.Client: [Client Name]By: [Authorized Signature]Date: [Date]Service Provider: [Service Provider Name]By: [Authorized Signature]Date: [Date]Please note that the above is a basic template and should be tlored to the specific circumstances and requirements of the software service arrangement. It is remended to seek legal advice before finalizing and signing any contract.。
软件服务中英合同范本
软件服务中英合同范本Software Service Contract甲方(委托方):Party A (Client):公司名称(Company Name):[甲方公司名称]法定代表人(Legal Representative):[甲方代表姓名]地址(Address):[甲方公司地址]联系电话(Telephone Number):[甲方联系电话]Party A (Client):Company Name: [Name of Party A's Company]Legal Representative: [Name of Party A's Representative]Address: [Address of Party A's Company]Telephone Number: [Contact Number of Party A]乙方(受托方):Party B (Service Provider):公司名称(Company Name):[乙方公司名称]法定代表人(Legal Representative):[乙方代表姓名]地址(Address):[乙方公司地址]联系电话(Telephone Number):[乙方联系电话]Party B (Service Provider):Company Name: [Name of Party B's Company]Legal Representative: [Name of Party B's Representative]Address: [Address of Party B's Company]Telephone Number: [Contact Number of Party B]Whereas Party A requires software services provided Party B, and Party B has the capability and qualification to provide the relevant services, both parties, through friendly negotiation, have reached the following agreement:一、服务内容及要求(Service Content and Requirements)Party B shall, in accordance with the requirements of Party A, provide the following software services ("Services") to Party A: [Detled description of the specific service content]2. 服务的质量和标准应符合行业惯例及双方约定的标准。
国际软件服务合同范本 英文版
国际软件服务合同范本英文版English:An international software services contract is a legally binding agreement between two parties, typically a software provider and their client, regarding the provision of software-related services. This type of contract outlines the terms and conditions under which the software services will be provided, including the scope of work, deliverables, payment terms, intellectual property rights, confidentiality, warranties, and dispute resolution mechanisms.The contract should clearly define the scope of work to avoid any misunderstandings or disputes in the future. It should detail the specific software services to be provided, such as software development, customization, maintenance, or support. Additionally, the contract should outline the timelines for each phase of the project and any milestones that need to be achieved.Payment terms are a critical aspect of any software services contract. The agreement should specify the payment schedule, including theamount, currency, and the dates on which payments are due. It should also include provisions for additional charges, such as expenses incurred during the provision of the services.Intellectual property rights play a significant role in software services contracts. The contract should clearly specify who retains ownership of the software and any related intellectual property. It should also outline any licensing terms or restrictions imposed on the client regarding the use, modification, or distribution of the software.Confidentiality provisions are essential to protect both parties' sensitive information. The contract should outline the obligations of both the software provider and the client regarding the confidentiality of any proprietary or confidential information shared during the engagement. It should also specify the duration of the confidentiality obligations and any exceptions to the confidentiality requirements.Warranties and liabilities are crucial elements to address in a software services contract. The contract should specify any warranties provided by the software provider, such as theperformance, functionality, or compatibility of the software. It should also outline the limitations of liability for both parties in the event of any breaches or failures.Finally, the contract should include provisions for dispute resolution, such as mediation, arbitration, or litigation. This section should describe the process to be followed in the event of a dispute and the governing law under which the contract will be interpreted.中文翻译:国际软件服务合同是一份法律约束力强的协议,通常是由软件提供方与其客户之间达成的,涉及软件相关服务的提供。
软件外包协议(英文版)
Software Development AgreementTHIS SOFTWARE DEVELOPMENT AGREEMENT is entered into as of the day of , 20___, by and between, a corporation, with its address at(“Developer”), _________, a ____________ corporation with its principal place of business at ______________________________(the “Customer”).Witnesseth:WHEREAS, Customer is desirous of retainingDeveloper to perform the software development servicesdescribed in this Agreement for the support of Customer’s____________________ business; andWHEREAS, Developer desires to perform theseservices in accordance with the terms and conditions of thisAgreement; andWHEREAS, Developer represents and warrants that itpossesses the qualifications and skills necessary to performthe software development services described in thisAgreement; andWHEREAS, Developer has previously performedsoftware development services for Customer and is familiarwith Customer’s product.NOW, THEREFORE, Customer and Developer hereby agree as follows:1. Definitions. The following terms shall have the following meaning when used in this Agreement:a) “First Level Support” shall mean those support services providedby Cus tomer to Customer’s own end users, including but not limited to aproblem call-in help desk, the resolution and/or escalation of end-user problems with the System, and the distribution of all software error corrections,maintenance releases and enhancement updates provided by the Developer forthe System, on a timely and effective basis.b) “Second Level Support” shall mean those support services tofacilitate basic support services to end users of Customer’ssoftware, including, but not limited to:(i) the correction of reproducible problems;(ii) the diagnosis of problems that the Customer can not resolve; and(iii) the provision of a single copy of all applicable error corrections, maintenance updates and enhancement releases for theSoftware and Documentation, which the Customer will copy fordistribution to the Customer’s own end users.c) “Taxes” shall mean all federal, state, local and other taxes,including sales, use, and property taxes, related to this Agreement or Customer’s use of the Software, excluding taxes based on Developer’s net income orpersonal property.2. Term. Subject to Section 7, the term of this Agreement shall commence on the date set forth above, and continue for one (1) year. Thereafter, it shall continue on a year-by-year basis until terminated as provided herein.3. Services and System Developmenta) Developer Responsibilities(i) General. In consideration of the fees described in Section4, Developer will provide the Customer ongoing software developmentand consulting services in the following areas (collectively, the“Services”): The Developer will develop, maintain, customize,distribute and manage the system configuration; provide 24-houremergency response; test; provide Second Level Support; and provideuser and technical documentation for the Telecommunication Billing andCustomer Care System (the “System”). In order to perform the Services,the Customer authorizes the Developer to build a team of personnelapproximating the labor chart set forth in Exhibit A as soon asreasonable.(ii) Reports. Developer shall deliver to Customer reports in the format set forth on Exhibit C on a weekly basis or as specified byCustomer’s project manager, which shall contain a description of thecurrent status of the System, the personnel and their skill categoryworking on the System, the progress towards assigned Customerobjectives and the estimated progress to be made in the next week.Developer shall meet with the Customer monthly at a mutually agreed-upon location, or more often if requested by Customer, to discuss andreport on the progress on the Services and the status of the System.(iii) Staffing Resources and Guarantee. Customer reserves the right to approve all staffing decisions. Resources will be applied toCustomer projects by the mutual agreement of the parties and suchresources shall not be reassigned without the prior written approval ofthe Customer. Customer reserves the right to have any of Developer’spersonnel removed from Customer’s projects for any reason thatCustomer deems necessary for quality and performance. Resourcesshall be applied exclusively to Customer projects, and will not be sharedwith other projects that Developer may support. Developer agrees thatthe failure to maintain the required staffing levels would be detrimentalto the success of Customer’s projects. In the event of a residual impactdue to attrition of Developer’s employees, Developer will provide thefirst three (3) months of each replacem ent’s time free of charge, unlesswaived in writing by the Customer. Developer agrees that the loss ofresources to other projects that Developer is managing or relatedcompanies (those with common ownership), for any reason, shall causeirreparable damag e to Customer’s projects, and Developer agrees to payCustomer liquidated damages equal to U.S. $50,000 per consultant, peroccurrence to Customer, unless waived by the Customer.iv) Insurance. Developer shall provide adequate medical and accident insurance for all consultants supplied by Developer, whetherworking at the Developer’s site or working internationally on Customer’s projects. Adequate insurance shall also be carried by Developer toprotect Customer-provided facilities, equipment and intellectual property present on the Developer’s site.b) Customer Responsibilities(i) General. Unless otherwise agreed, Customer shalldevelop the business designs for the core product and for customization;manage relations with Customer’s customers, First Level Support, andend-customer distribution; and provide Developer with access toCustomer’s network. The Customer shall be responsible for integrationtesting and configuration management during the Developer’s trainingperiod. This training period shall not exceed six (6) months from thedate of this Agreement.(ii) Training. Customer shall provide Developer adequate training on the System and each customer specific configuration in orderto facilitate the transfer of all technical and product knowledge fromDeveloper to Customer. The performance of the consultants assignedby Developer to the project will be evaluated jointly by Customer andDeveloper after the initial three (3) month probationary period, andthereafter a billable skill le vel will be assigned with Customer’s approval.4. Fees and Paymenta) Rates. The Customer agrees that, for the term of this Agreement. it shall pay for the staffing levels, skill mix, and monthly labor rates as set forthin Exhibit A. The staffing levels may be adjusted in accordance with Section 5.The monthly rates set forth in Exhibit A shall be fixed for one (1) year from thedate of this Agreement, and thereafter may be increased by no more than fivepercent (5%) per year upon ninety (90) days’ prior written notice to theCustomer. The rates set forth in Exhibit A include all compensation forholidays, vacations and sick time. All Developer consultants assigned toCustomer’s projects shall work a minimum of one hundred sixty (160) hours per month; partial months will be billed on a pro-rated basis based on one hundredsixty (160) hours per month.b) Invoices. Developer shall provide Customer, on a monthly basis,an invoice with a labor report of the number and identity of personnel providing services to the Customer, their skill categories and billable rates as detailed inExhibit A for such period, and all other billable amounts incurred during suchperiod.c) Travel Expense Reimbursement. Billings for Developer’s travelexpenses must be generated along with the labor and miscellaneous expensesmonthly billings. All bills must be submitted with adequate documentation,including the prescribed travel authorization form, the travel expense reportform, original receipts, reason for travel, and the Customer’s project manager’swritten approval. Travel per diem rates will be determined by the Customer’sproject manager depending on the destination. Any visa requirements andexpenses for Developer personnel will be approved, in advance, by Customer’sproject manager. Customer must approve all travel and miscellaneousexpenses in advance.d) Miscellaneous Expense Reimbursement. The Developer will billthe Customer on a monthly basis for travel and miscellaneous expenses. Thiscovers all required purchases for the Developer to perform the services for theCustomer, including but not limited to: hardware, software, networkequipment, network line charges, third party hardware and softwaremaintenance, equipment insurance, media tapes, shipping and mailing expenses, import taxes, supplies, carrier/mail, phone and visa expenses. Billings for allapplicable taxes shall be generated as they are due.e) Payments. Customer shall pay all undisputed invoices withinforty-five (45) days of the receipt of such invoice. All payments shall be madeby Customer to Developer in U.S. Dollars. All amounts due which are not indispute and remain unpaid forty-five (45) days or more from the due date aresubject to a monthly interest charge equal to one percent (1%) per month on theoutstanding balance, provided such amount shall not exceed the maximumamount allowed by law.5. Change of Scope. At any time during the term of this Agreement, Customer may require Developer to provide additional or reduced services as set forth below.a) Submission of Request. Customer shall submit to Developer in writing all requests by Customer for any such modification of services which alters, amends, enhances, or adds to the services and/or time and/or place of performance (hereinafter referred to as “Modification/Change Request” or “Request”). Modifications to the staffing levels can be submitted at any time, and the Developer agrees to comply with these changes as soon as reasonable and subject to paragraph 3(c) of this Agreement. Customer will provide sixty(60) days’ notice in the event of reduction in services.b) Performance. Upon such authorization by Customer of the Modification/Change Request, Developer will implement such Request immediately. Developer shall not perform any services in advance of written authorization from Customer.c) Binding Agreement. For the purposes of this Agreement, each Modification/Change Request duly authorized in writing by Customer and agreed to by Developer shall be deemed incorporated into and part of this Agreement, and each such Request shall constitute a formal amendment to this Agreement, adjusting fees and services as finally agreed upon for each authorized Modification/Change Request. In no event shall the services be deemed altered, amended, enhanced, reduced, or otherwise modified except through written authorization by Customer of a Modification/Change Request and acceptance by Developer, all in accordance with this Section 5.6. Warranty and Warranty Disclaimera) Developer represents and warrants to Customer that all Services, work and deliverables to be performed hereunder shall be performed by qualified personnel in a professional and workmanlike manner, in accordance with the highest industry standards. All services shall be rendered to the good faith satisfaction of Customer.b) Developer represents and warrants to Customer that Customer will receive good and valid title to all deliverables delivered by Developer to Customer under this Agreement, free and clear of all encumbrances and liens of any type.c) Developer represents and warrants to Customer that neither Developer, in connection with performing the Services, nor the completed System will infringe any patent, copyright, trademark, trade secret or other proprietary right of any third party. Developer further represents and warrants to Customer that Developer will not use any trade secrets or confidential or proprietary information owned by any third party in performing the Services or developing the System. Developer further represents and warrants to Customer that neither Developer nor any other company or individual performing Services pursuant to this Agreement is under any obligation to assign or give any work done under this Agreement to any third party.d) Developer warrants that for sixty (60) days following theacceptance of the Services and System, the Services and System shall be freefrom defects in workmanship and materials and shall substantially conform tothe specifications and performance standards, capabilities, characteristics,specifications, functions and other descriptions and standards applicable thereto as set forth in each Work Order. In the event that defects are discovered during the warranty period, Developer shall promptly remedy such defects at noadditional expense to Customer.e) Developer represents and warrants that any softwaredevelopment effort will be designed to be used prior to, during, and after thecalendar year 2000 A.D., and that the System will operate during each such time period without error relating to date data, specifically including any errorrelating to, or the product of, date data which represents or references differentcenturies or more than one century.Without limiting the generality of the foregoing, Developer further represents and warrants:(i) That the software and System will not abnormally end orprovide invalid or incorrect results as a result of date data, specificallyincluding date data which represents or references different centuries, ormore than one century;(ii) That the software and System has been designed to ensure year 2000 compatibility, including, but not limited to, date data centuryrecognition, calculations which accommodate same-century and multi-century formulae and date values, and date data interface values thatreflect the century; and(iii) That the software and System includes “year 2000capabilities.” For the purposes of this Agreement, “year 2000capabilities” means the softwar e and System:(X) Will manage and manipulate data involving dates,including single-century formulae and multi-century formulae,and will not cause an abnormally-ending scenario within theapplication or generate incorrect values or invalid resultsinvolving such dates; and(Y) provides that all date-related interfacefunctionalities include the indication of century.f) EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARENO EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THIS AGREEMENT, THE SYSTEM AND THESERVICES.g) Customer expressly acknowledges and agrees that (i) Developer does not warrant that the System will meet all of Customer’s needs or that its operation will be uninterrupted or error-free; and (ii) Developer shall have no obligations for ensuring or perfecting its operation on or compatibility with any current or future version or release of any hardware, equipment or operating software or other software products which Customer may acquire or receive from any source, excluding Developer.7. Termination and Effect of Terminationa) This Agreement may be terminated by either party upon written notice if the other party breaches any material term or condition of the Agreement and such breach remains uncorrected for thirty (30) days following receipt of written notice of such breach.b) Customer may terminate this Agreement at any time, without cause, upon ninety (90) days’ prior notification or pay ment to the Developer of amounts equivalent to the prior one (1) months’ labor billing amounts.c) In the event of a termination of this Agreement by the Developer without cause, prior to the end of the term of this Agreement, then the Customer may exte nd this Agreement beyond the Developer’s stated date of termination for one hundred and eighty (180) days past the anniversary date at the rates currently in effect, and the Customer’s obligations under Section 3(f) are hereby terminated.d) Upon termination of this Agreement for any reason, the parties shall have no further obligations pursuant to the terms of the Agreement except as set forth in Sections 5, 8, 9, 11, 12, 13, 16, 17 and 25.8. Covenants of Non-Competition, Confidentiality, Non-Solicitationa) Covenant of Non-Competition. In consideration of the payments made by Customer to Developer herein, the Developer agrees not to develop, design, code, test or document a competing product. The Developer hereby covenants and agrees that it has no rights to market, distribute, sell or license any of the applications or deliverables being developed under this Agreement. Additionally, the Developer covenants and agrees that, without the prior written consent of the Customer, it will not enter into any discussions with any party with respect to the foregoing applications and deliverables for a period commencing on the date of this Agreement and terminating on that day which is the third anniversary of the acceptance by the Customer of the last deliverable provided under this Agreement. Developer acknowledges and agrees that a breach of the covenant not to compete herein would result in irreparable harm to the Customer for which monetary damages would not be an adequate remedy. Accordingly, Developer agrees that the Customer will be entitled to injunctive relief, a decree of specific performance or other equitablerelief to enforce Developer’s obligations under this section. If any provision of this section shall be invalid, inoperative or unenforceable, it shall be as if such invalid, inoperative or unenforceable provision had never been contained herein and such provision were reformed so that it would be valid, operative and enforceable to the maximum extent possible.b) Covenant of Non-Disclosure. Developer shall not, at any time during or after the term of this Agreement, in any manner, either directly or indirectly, divulge, disclose, or communicate to any person, firm, corporation or other entity, or use for its own benefit or for the benefit of any person, firm, corporation or other entity, and not for the benefit of the Customer, any information acquired from the Customer, its parent or subsidiaries, without the express prior written consent of an authorized executive officer of the Customer, as more fully set forth in a certain Proprietary Information Agreement between Customer and Developer dated , 20__. In addition, Developer shall ensure that Developer’s employees, officers, directors, agents and representatives shall execute simi lar agreements protecting the Customer’s proprietary information and agree to be bound by the terms and conditions contained therein.c) Covenants of Non-Solicitation. Neither party will solicit, hire, contract with, or engage the employment of service s for any of the other party’s staff for a period of one (1) year following termination of this Agreement.9. Deliverablesa) Completion or Termination. Developer shall upon completion or termination of this Agreement, or upon demand by the Customer, for whatever cause and without regard to whether the System has been completed, promptly return to the Customer any and all proprietary information together with any copies or reproductions thereof and destroy all material in its computers and other electronic files. Developer shall at such time provide the Customer with a certificate signed by an officer of the Developer certifying that all such proprietary information has been returned to the Customer or destroyed. Developer agrees to ensure that all Customer data will be erased from all forms of magnetic and electronic media using a method which ensures that it can not be recovered. Developer shall state in writing the method of data destruction and the date completed.b) Ownership Notice. All work performed by the Developer under this Agreement shall contain the following copyright notice: “ [Customer] [year]. All Rights Reserved” and the following proprietary notice: “The information contained herein is proprietary [Customer] and shall not be reproduced, copied in whole or in part, adapted, modified, or disseminated without the express prior written consent of [Customer].” These notices shall appear in human readable form on labels attached to containers for computer disks, tapes or similar media and at the beginning of all human readable workssuch as design documents, manuals, etc. The notices shall appear in humanreadable form at the beginning of all machine readable documents.c) Cooperation by Developer. Should Customer or any of its agentsor representatives seek to obtain letters, patent, trademarks or copyrights in any country of the world on all or part of the System, Developer agrees to cooperatefully without compensation in providing information, completing forms,performing actions and obtaining the necessary signatures or assignmentsrequired to obtain such letters, patent, trademarks or copyrights. In the eventCustomer shall be unable for any reason to obtain Developer’s signature on any document necessary for any purpose set forth in the foregoing sentence,Developer hereby irrevocably designates and appoints each of Customer and its duly-authorized officers and agents as Developer’s agent and Developer’sattorney-in-fact to act for and in Developer’s behalf and stead to ex ecute and file any such document and to do all other lawfully permitted acts to further anysuch purpose with the same force and effect as if executed and delivered byDeveloper.d) Developer’s Proprietary Software Programs. Notwithstandingthe provisions of Subsections 9a) and 9b) above, it is understood and agreed that Developer may, in its sole discretion, use its proprietary software programs inproviding Services. If Developer uses any such proprietary software programs and so notifies Customer, Customer shall not market or in any way use suchsoftware programs as independent “stand-alone” programs without the express written consent of Developer, and Customer shall not acquire any proprietaryrights to such programs.10. Involvement of Customer. Customer shall have the option:a) Upon serving a written notice to Developer at any time, to requireDeveloper to accept Customer personnel as part of the development team. The parties hereto expressly agree that the Customer employees assigned toDeveloper as per this Section 10 shall not be considered to be employees/consultants of Developer. Developer shall, at all times, be responsible for anycompensation, insurance, or other employment benefits to which suchemployees are, or may become entitled, and under no circumstances shallDeveloper be required to make payment of any kind to any such employee onCustomer’s behalf; andb) At any time and without prior notice of any kind, to requireDeveloper to provide Customer personnel unrestricted access to all aspects ofthe development process, including but not limited to meetings, conference calls, correspondence and source and object code, in order to observe and auditDeveloper’s work.11. Rights in Work. The parties acknowledge that any work performed by Developer for Customer is being created at the insistence of Customer and shall be deemed “work made for hire” under United States copyright law.Customer shall have the right to use the whole work, any part or parts thereof, or none of the work, as it sees fit. Customer may alter the work, add to it, or combine it with any other work or works, at its sole discretion. Notwithstanding the foregoing, all original material submitted by Developer as part of the work or as part of the process of creating the work, including but not limited to programs, listings, printouts, documentation, notices, flow charts, and programming aids, shall be the property of Customer whether or not Customer uses such material. No rights are reserved by Developer.All programs, specifications, documentation and all other technical information prepared by Developer in connection with the performance of its services hereunder will become and remain Customer’s sole property. Title to all material and documentation, including, but not limited to systems specifications, furnished by Customer to Developer or delivered by Customer into the Developer’s possession shall remain with Customer. Developer shall immediately return all such material or documentation within seven (7) days of any request by Customer or upon the termination or conclusion of this Agreement, whichever shall occur first.Whenever an invention or discovery is made by Developer, either solely or in collaboration with others, including employees of Developer under or relating to this Agreement, the Developer shall promptly give Customer written notice thereof and shall furnish Customer with complete information thereon including, as a minimum, (1) a complete written disclosure of each such invention, and (2) information concerning the date and identity of any public use, sale or publication of such invention made by or known to Developer or of any contemplated publication by Developer. As used herein, the term (1) “invention” or “discovery” includes any art, machine, manufacture, design of composition of matter, or any new and useful improvement thereof where it is or may be patentable under the patent laws of the United States or of any foreign country; and (2) “made,” when used in relation to any i nvention or discovery, means the conception of the first actual or constructive reduction to practice of such invention.Developer hereby grants, assigns, and conveys to Customer all right, title and interest in and to all inventions, works of authorship and other proprietary data and all other materials (as well as the copyrights, patents, trade secrets and similar rights attendant hereto) conceived, reduced to practice, authored, developed or delivered by Developer or its employees, agents, consultants, contractors and representatives either solely or jointly with others, during and in connection with the performance of services under this Agreement with Customer. Developer agrees that it will not seek, and that it will require its employees, agents, consultants, contractors and representatives not to seek patent, copyright, trademark, registered design or other protection for any rights in any such inventions, works or authorship, proprietary data or other materials. Developer shall have no right to disclose or use any such inventions, works of authorship, proprietary data or other materials for any purpose whatsoever and shall not communicate to any third party the nature of or details relating to such inventions, works of authorship, proprietary data or other materials. Developer agrees that it shall do and that it shall require its employees, agents, consultants, contractors and representatives to do, at Customer’s expense, all things andexecute all documents as Customer may reasonably require to vest in Customer or its nominees the rights referred to herein and to secure for Customer or its nominees all patent, trademark, or copyright protection.Developer’s obligations under this Agreement shall survive expiration or termination of this Agreement and any amendments thereto. Furthermore, Developer irrevocably waives its moral rights in any work created, developed or delivered hereunder.Developer agrees it will not disclose to any third party, without the prior written consent of Customer, any invention, discovery, copyright, patent, trade secret or similar rights attended hereto, made under or relating to this Agreement or any proprietary or confidential information acquired from Customer under this Agreement, including trade secrets, business plans and confidential or other information which may be proprietary to Customer.Developer warrants and represents that it has or will have the right, through written agreements with its employees, to secure for Customer the rights called for in this Section. Further, in the event Developer uses any subcontractor, consultant or other third party to perform any of the services contracted for under this Agreement, Developer agrees to enter into and provide to Customer such written agreements with such third party, and to take such other steps as are or may be required to secure for Customer the rights called for in this Section. Developer further agrees to provide the names and addresses of all agents, contractors, consultants, representatives or other third parties who perform work on behalf of Developer under this Agreement.12. Indemnity. Subject to the limitations contained in this Agreement, Customer agrees to indemnify and hold harmless Developer, and Developer agrees to indemnify and hold harmless Customer respectively, from any liabilities, penalties, demands or claims finally awarded (including the costs, expenses and reasonable attorney’s fees on account thereof) that may be made by any third party for injuries, including death, to persons or damage to property resulting from the indemnifying party’s gross negligence or willful acts or omissions or those of persons furnished by the indemnifying party, its agents or subcontractors or resulting from use of the software, and/or Services furnished hereunder. Customer agrees to defend Developer, at Developer’s request, and Developer agrees to defend Customer, at Customer’s request, against any such liability, claim or demand. Developer and Customer respectively agree to notify the other party promptly of any written claims or demands against the indemnified party for which the indemnifying party is responsible hereunder. The foregoing indemnity shall be in addition to any other indemnity obligations of Customer or Developer set forth in this Agreement.13. Intellectual Property Indemnificationa) The following terms apply to any infringement or claim orinfringement of any patent, trademark, copyright, trade secret or otherproprietary interest based on the licensing, use, or sale of any software, software products and/or Services furnished to Customer under this Agreement or in。
软件服务外包合同英文
软件服务外包合同英文Software Service Outsourcing ContractIn today's highly competitive business environment, companies are constantly seeking ways to optimize their operations and focus on core competencies One common strategy is to outsource software services to specialized thirdparty providers A software service outsourcing contract serves as a crucial legal document that governs the relationship between the client and the service provider, outlining the rights, obligations, and expectations of both partiesThe first and foremost component of a software service outsourcing contract is the identification of the parties involved This includes the full legal names and addresses of the client (the entity seeking the software services) and the service provider (the company or individual offering the services) Clear identification helps prevent any confusion or disputes regarding the parties' identities throughout the course of the contract The scope of services is another critical aspect This section should detail precisely the nature and extent of the software services to be provided It might include software development, maintenance, testing, or any other specific tasks The description should be comprehensive and unambiguous to avoid misunderstandings later on For example, if it's software development, the contract should specify the features, functionality, and technical requirements of the softwareDelivery schedules are also of significant importance The contract should clearly state the timelines within which the various stages of the software services are to be delivered This includes milestones, deadlines for completion of different phases, and the final delivery date Penalties for missed deadlines or early delivery incentives, if applicable, should be clearly definedQuality standards and acceptance criteria form an essential part of the contract The client should specify the level of quality expected from the software services This could involve factors such as performance, usability, security, and compliance with industry standards The acceptance criteria should be clearly laid out, outlining the process by which the client will evaluate and accept the delivered servicesIntellectual property rights (IPR) are a crucial consideration The contract must clarify who owns the intellectual property rights related to the software developed or modified during the outsourcing engagement In many cases, the client may want to retain full ownership of the resulting software and any associated intellectual property However, there may be situations where certain rights are shared or licensed to the service provider for specific purposesConfidentiality and data protection are of paramount importance in the digital age The contract should include provisions to ensure that both parties keep any sensitive information exchanged during the project confidential This includes business plans, trade secrets, customer data, and any other proprietary information The service provider should be obligated to implement appropriate security measures to safeguard the dataPricing and payment terms are a key element that both parties need to agree upon The contract should detail the total cost of the software services, the payment schedule (eg, monthly, upon completion of milestones),and the methods of payment (eg, bank transfer, check) Any additional charges, such as for changes in scope or late payments, should also be specifiedLiability and indemnification clauses protect both parties in case of any legal issues or damages The contract should outline the extent of liability of each party in case of breaches of contract, errors or omissions in the software services, or any other unforeseen circumstances Indemnification provisions may require one party to compensate the other for certain losses or damagesTermination and dispute resolution are important provisions to have in place The contract should specify the conditions under which either party can terminate the agreement, such as nonperformance, breach of contract, or changes in business circumstances Additionally, a clear mechanism for dispute resolution should be included, such as arbitration or litigation in a specific jurisdictionFinally, it's essential to have general provisions in the contract covering issues like force majeure (unforeseeable circumstances beyond the control of either party), governing law (the law that will apply to the contract),and notice requirements (how and when notices should be given between the parties)In conclusion, a welldrafted software service outsourcing contract is essential to ensure a successful and smooth outsourcing partnership It provides clarity, protects the interests of both parties, and sets the foundation for a productive collaboration Both the client and the service provider should carefully review and negotiate the terms of the contract to ensure that it meets their needs and expectations Any ambiguities or potential areas of conflict should be resolved before the contract is signed to avoid potential disputes and disruptions down the line。
软件服务英文合同范本
软件服务英文合同范本Software Service ContractThis Software Service Contract (the "Contract") is made and entered into as of [date] and between [Service Provider's Name] (the "Service Provider") and [Client's Name] (the "Client").1. Services to Be ProvidedThe Service Provider agrees to provide the following software services to the Client (the "Services"):[Describe the specific services in detl, such as software installation, customization, mntenance, trning, etc.]2. Term of the ContractThe term of this Contract shall mence on [start date] and continue until [end date], unless otherwise terminated in accordance with the provisions of this Contract.3. CompensationIn consideration for the Services provided the Service Provider, the Client shall pay to the Service Provider the amount of [total amount or payment terms] as pensation.4. Obligations of the Service ProviderThe Service Provider shall:Perform the Services in a professional and timely manner.Use reasonable efforts to ensure the quality and functionality of the software.Provide support and assistance to the Client as needed during the term of the Contract.5. Obligations of the ClientThe Client shall:Provide necessary access and information to the Service Provider to enable the performance of the Services.Cooperate with the Service Provider in all aspects of the Services.Make timely payments as required under this Contract.6. ConfidentialityBoth parties agree to mntn the confidentiality of any proprietary or sensitive information disclosed during the course of this Contract.7. TerminationEither party may terminate this Contract in the event of a material breach the other party, provided that written notice of the breach and an opportunity to cure are given.8. Dispute ResolutionIn the event of any dispute or controversy arising out of or in connection with this Contract, the parties shall attempt to resolve the matter through good fth negotiations. If unsuccessful, the dispute shall be submitted to arbitration in accordance with the applicable rules.9. Governing LawThis Contract shall be governed and construed in accordance with the laws of [applicable jurisdiction].10. Entire AgreementThis Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings relating to the Services.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first written above.Service Provider: [Signature and Name]Client: [Signature and Name]Please note that this is just a basic template and may need to be customized and adjusted based on the specific circumstances and requirements of your software service agreement. It is always advisable to consult with a legal professional to ensure the contract is prehensive and enforceable.。
英文 外包服务合同范本
英文外包服务合同范本This Contract (the “Contract”) is made and entered into on this [day] of [month], [year], by and between [Client’s Name], with its principal office at [Client’s Address] (hereinafter referred to as the “Client”), and [Service Provider’s Name], with its principal office at [Service Provider’s Address] (hereinafter referred to as the “Service Provider”).1. Scope of Services: The Service Provider agrees to provide the following services (the “Services”):[Detailed description of the services to be provided]2. Duration: The term of this Contract shall commence on [start date] and shall continue until [end date], unless terminated earlier in accordance with the terms of this Contract.3. Fees and Payment Terms:a. The Client shall pay the Service Provider a fee of [currency] [amount] for the Services provided.b. Payment shall be made in accordance with the following schedule: [payment schedule].c. All payments shall be made within [number] days of receipt of the invoice from the Service Provider.4. Confidentiality:a. The Service Provider agrees to keep confidential any proprietary information received from the Client during the term of this Contract.b. The Service Provider shall not disclose any such confidential information to any third party without the prior written consent of the Client.5. Ownership of Intellectual Property:a. The Service Provider warrants that it has the legal right to use any intellectual property used in the provision of the Services.b. The Client shall retain all rights, title, and interest in and to any materials provided to the Service Provider for the purpose of performing the Services.6. Termination:a. Either party may terminate this Contract by giving [number] days’ written notice to the other party.b. In the event of termination, the Service Provider shall be entitled to payment for any Services performed up to the date of termination.7. Governing Law: This Contract shall be governed by and construed in accordance with the laws of [jurisdiction].8. Dispute Resolution: Any disputes arising out of or in connection with this Contract shall be resolved through [method of dispute resolution].9. Severability: If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.10. Amendment: This Contract may only be amended in writing, signed by both parties.11. Waiver: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of that provision.12. Assignment: The Service Provider shall not assign any of its rights or obligations under this Contract without the prior written consent of the Client.13. Notice: Any notice required or permitted to be given under this Contract shall be in writing and shall be deemed to have been effectively given upon receipt.IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.[Client’s Signature] _______________________[Service Provider’s Signature] _______________________Name: [Client’s Representative Name]Title: [Client’s Representative Title]Name: [Service Provider’s Representative Name]Title: [Service Provider’s Representative Title]。
国际软件服务合同范本 英文版
国际软件服务合同范本英文版英文回答:INTERNATIONAL SOFTWARE SERVICES AGREEMENT.This Agreement (the "Agreement") is made and entered into this [Date] by and between [Company Name], a corporation duly organized and existing under the laws of [State/Country], having its principal place of business at [Address] ("Company"), and [Client Name], a corporation duly organized and existing under the laws of[State/Country], having its principal place of business at [Address] ("Client").In consideration of the mutual covenants contained herein, the parties agree as follows:1. Services.Company shall provide to Client the following softwareservices (the "Services"):[List of Services]2. Term and Termination.The term of this Agreement shall commence on the Effective Date and shall continue for a period of [Number] years (the "Initial Term"). The Agreement shall be automatically renewed for successive one (1) year periods (the "Renewal Terms") unless either party provides written notice of termination to the other party at least thirty (30) days prior to the expiration of the then-current term.Either party may terminate this Agreement for causeupon thirty (30) days' written notice to the other party if:the other party breaches any material provision ofthis Agreement and fails to cure such breach within thirty (30) days of receipt of written notice of such breach;the other party becomes insolvent or bankrupt; or.the other party ceases to do business.3. Fees and Payment.Client shall pay Company for the Services in accordance with the following schedule:[Payment Schedule]Payment shall be due and payable within thirty (30) days of receipt of invoice.4. Intellectual Property.All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and any deliverables created by Company under this Agreement shall be the sole and exclusive property of Company. Client shall have a non-exclusive, non-transferable license to use the Services solely for its internal business purposes.5. Confidentiality.The parties agree to keep confidential all Confidential Information disclosed to them by the other party under this Agreement. "Confidential Information" shall include, but not be limited to, technical data, financial data, customer lists, and trade secrets.6. Representations and Warranties.Company represents and warrants that:it has the necessary skills and expertise to perform the Services;it will perform the Services in a professional and workmanlike manner; and.the Services will be free from defects in materials and workmanship.Client represents and warrants that:it has the authority to enter into this Agreement;it will use the Services solely for its internal business purposes; and.it will not disclose any Confidential Information to any third party.7. Indemnification.Company shall indemnify and hold harmless Client from and against any and all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Services.Client shall indemnify and hold harmless Company from and against any and all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with Client's use of the Services.8. Limitation of Liability.In no event shall either party be liable to the other party for any indirect, special, incidental, or consequential damages, including lost profits, lost data,or business interruption, arising out of or in connection with this Agreement, even if such party has been advised of the possibility of such damages.9. Governing Law and Jurisdiction.This Agreement shall be governed by and construed in accordance with the laws of the [State/Country], without giving effect to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be resolved by binding arbitration in [Location], in accordance with the rules of the [Arbitration Organization].10. Entire Agreement.This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.COMPANY.By: [Authorized Signature]Name: [Authorized Signatory]Title: [Title]CLIENT.By: [Authorized Signature]Name: [Authorized Signatory]Title: [Title]中文回答:国际软件服务合同范本。
外包英文合同范本
外包英文合同范本Outsourcing ContractThis Outsourcing Contract (the "Contract") is made and entered into as of [date] and between [Client's Name] (the "Client") and [Service Provider's Name] (the "Service Provider").1. Scope of Services: The Service Provider agrees to provide the following services to the Client (hereinafter referred to as the "Services"): [Describe the specific services in detl].2. Term: The term of this Contract shall mence on [start date] and continue until [end date], unless otherwise terminated in accordance with the provisions of this Contract.3. Compensation: In consideration for the Services provided, the Client shall pay the Service Provider the amount of [agreed amount] (the "Compensation") in accordance with the payment schedule set forth in Appendix A.4. Intellectual Property: All intellectual property rights arising from the performance of the Services shall belong to the Client.5. Confidentiality: Both parties agree to mntn the confidentiality of all information and materials disclosed during the course of this Contract.6. Representations and Warranties: Each party represents and warrants that it has the legal capacity and authority to enter into this Contract and to perform its obligations hereunder.7. Termination: Either party may terminate this Contract in the event of a material breach the other party, provided that written notice of such breach is given and the breaching party fls to cure the breach within a reasonable time.8. Liability: The Service Provider's liability for any damages arising out of or in connection with the Services shall be limited to the amount of the Compensation received.9. Governing Law: This Contract shall be governed and construed in accordance with the laws of [applicable law].10. Entire Agreement: This Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether oral or written.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.Client: [Client's Signature]Service Provider: [Service Provider's Signature]Please note that this is just a basic example and you may need to customize and add more specific clauses based on your specific outsourcing requirements and circumstances. It is also advisable to consult a legal professional to ensure the contract is legally sound and protects your interests.。
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Contract No.Technology Development (Commission) ContractProject Name: ______________________En trusti ng Party (Party A): __________________En trusted Party (Party B): ___________________Date: ___________________________Sig n at: _________________________Validity: __________________________Printed by Ministry of Science and Technology of the People s Republic of ChinaInstructionThe contract is a sample for Technology Development Contract printedby Ministry of Science and Technology of the People ' s Republic of Chi The technical contract registry organs can recommend the sample to the parties concerned in technology contracts for reference.1. The contract is applied for the technology development contracts inwhich one party entrusts the other party to research and develop new technologies, products, crafts, materials or new varieties and series.2. If there are several representatives in either party, Party A or Party Bcould be respectively listed as common entrusting party or common entrusted party in the “Entrusting Party” or “Entrusted Party” provisions( new page) according to their own relations in the contract.3. Any conditions not stipulated here will be listed in the appendix in accordance with to the parties' negotiations. And the appendix forms an indispensable part of this contract.4. As for the terms and conditions no need to be filled in this contract agreed upon by the parties, they should be indicated with the word such as N/A.Tech no logy Developme nt (Commissi on) Con tractEn trusti ngParty(PartyA): XXX GermanyLocation: _________________________________________________Legal Representative: _______________________________________Project Contact Person: ___________________________________Con tact In formati on:Address: ______________________________________________Tel: _________________________ Fax: _______________________Email: ________________________________________________Entrusted Party (Party B): Han gzhou Huixia n Tech no logy Co., LTDZhejia ng China ( Han gzhou Huixia n Tech no logie GmbH)Location: ______________________________________________Legal Representative: _____________________________________Project Contact Person: ___________________________________Contact Information: __________________________________Address: ____________________________________________Tel: _______________________ Fax: _______________________Email: ________________________________________________In the Con tract, Party A en trust Party B to research and develop _ SAP Software. Project. The R&D fund and remuneration shall be born byParty A. Party B accepts the en trustme nt and hereby con ducts the R&Dwork. In accorda nee with the Con tract Law of the Peoples Republic o China, and on the principle of reality and mutual agreement through negotiations on the basis of equality, the following articles are reached and abided by the two parties: Article 1 The requireme nts of the R&D project in the Con tract1. Technical Objective:2. Tech nical Content:3. Tech ni cal Method and Strategy:Article 2 Party B shall submit the R&D plan to Party A within ___ daysafter this Con tract comes into effect. The pla n should in clude the follow ing content:2 .______________________________________________________3 .______________________________________________________4. _______________________________________________________Article 3 Party B shall accomplish the R&D work according to the following schedule:1 .______________________________________________________2 .______________________________________________________3. _______________________________________________________Article 4 Party A shall provide the following technical data and cooperation to Party B:1. Technical Data List:2. Delivery Date and Manner:3. Other cooperation matters:After the performance of the Contract, the above technical data shall be handled by the following ways:Article 5 Party A shall pay the R&D fund and remuneration according tothe following terms:1. The total amount of the R&D fund and remuneration is ____ .Including: (1) ________________________________________ ;_(2) _______________________________________ ;_(3) _______________________________________ ;_(4) 。
_The payment shall be made by Party A to Party B based on _________(one-time calculation, installment payment or royalty payment). The detailed payment mode and date are as following:(1) _____________________________________________(2) _____________________________________________(3) _____________________________________________(4) _____________________________________________3. The information of Party B 's Bank Name, Bank Address and account number is as following:Bank Name: _______________________________________Bank Address: _______________________________________Account Name: _______________________________________4. With the two parties 'confirmation, Party A shall pay the R&D fund andremuneration to Party B by means of the profit sharing which is generated from the R&D achievements. Party B has the right to check Party A's relevant accounts in the manner of _________________________________ .Article 6 The R&D fund shall be used by Party B in the form of . Party A has the right to inspect Party B 's R&D work andthe utilization of R&D fund by the means of ___________ , but Party Ashould avoid disturbing the normal work of Party BArticle 7 Any changes occurred in the Contract shall be confirmed in a written form through the negotiation of the two parties. Under the following circumstances, one party may submit the request for modification of the rights and obligations stipulated in the Contract, and the other party shall make a reply within ___days. If it fails to reply within the time limit, the request shall be regarded as being accepted.1. _____________________________________________ ;_2. _____________________________________________ ;_3. _____________________________________________ ;_4. _____________________________________________ 。