Data acquisition and maintenance contract

Demand side: _________ Supplier: _________
First, the definition
1.1 Definition: The definitions in this contract apply to all the terms of this contract and all the accompanying files of this contract, as well as the bidding documents of the demand side and the bidding files of the suppliers.
1.1.1 Contract: A written contract indicating the unanimous meaning expressed by the acquirer and the supplier in respect of the contents of this tender.
1.1.2 Demand side: _________.
1.1.3 Supplier: _________.
1.1.4 Contract price: According to the contract, the total price payable by the supplier to the supplier after fully fulfilling the contractual obligations.
1.1.5 Service: According to the contract, the service provided by the demanding party for the input and maintenance of the "_________" data is the main content.
1.1.6 Service Result: According to the contract, the supplier shall deliver the “_________” information and the software for the collection and processing of the data to the demander.
1.1.7 Delivery: Provides the service and service results under the contract to the acquirer.
1.1.8 Day: Refers to the number of calendar days.
Second, the service content, methods and requirements
2.1 Scope of Services: The scope of service of the supplier is the collection, verification, classification, translation, translation proofreading, entry entry verification and data update maintenance of the “_________” database.
2.2 Service Specifications and Requirements
2.2.1 Information content:
Data collection objects: All products and related enterprises that have been exported and have export potential in China.
Collection content: basic information of the enterprise and representative product information of the enterprise, including: enterprise information: enterprise name, business operation nature, enterprise code, business communication address, postal code, name of sales person, position, contact number, fax , e-mail, corporate website, establishment time, number of employees, registered capital, import and export management rights, export value of the company's previous year, business products, name of overseas office, parent company name; product information: product name, product introduction, registration Trademarks, international identification, exported regions, models, annual supply, product images. The company name, product name, business address, postal code, contact number and enterprise code data items are indispensable and necessary materials.
2.2.2 Information requirements:
Number of warehousing materials: The minimum amount of data required for the supplier to complete the warehousing during the three-year contract period is _________, covering enterprises larger than _________.
The quality requirements of the warehousing data: the completeness rate of the required data is 100%; the completeness rate of other data items is >50%; the random sampling error rate of the warehousing data must meet the following requirements: the error rate of the mandatory data information is <5%; other information items Error rate <10%; text error < five thousandths.
Data storage time requirement: After receiving the export commodity data registration form, the supplier shall classify, translate and enter the data within 7 days.
2.2.3 Database text:
The text of the "_________" database information is in both Chinese and English;
The English name of the enterprise shall be translated in English as registered in the administrative department for industry and commerce, and the name of the enterprise without the registered name in English shall be translated according to the customary habits of the enterprise. The company failed to provide the English name and translated it according to the principle of first standard and post-professional;
English translation error <1%;
2.2.4 Maintenance of data information:
The database information must reflect the latest information on the exported goods, and the update period is within 12 months. All export commodity data must be checked and updated at least once every 12 months to ensure that the export commodity information in the database is always the latest version of the data. Each piece of information should indicate the time of verification and renewal.
After receiving the information to be updated, the supplier must complete the classification, translation and entry of the new data within 7 days. Data maintenance begins with data entry and is maintained for 3 years from the date of entry into force of the contract.
Maintenance and update of materials take various forms such as email, telephone, fax, letter, etc., and have a work record.
2.2.5 Product Data Registration Form The first warehousing information should have a corresponding product information registration form stamped with the official seal of the company. The information and the form must be in one-to-one correspondence. The original registration form is filed for reference;
The supplier shall be responsible for the printing of the product data registration form and bear the printing fee. The content, format and printing quality of the printed product data registration form shall comply with the requirements of the purchaser. The supplier shall not change it without the consent of the purchaser.
The supplier shall issue a product data registration form in accordance with the collection direction required by the purchaser.
Third, the contract period and implementation progress
3.1 Contract Term: The term of this contract service is _________ years from the date on which the contract signature takes effect.
3.2 Implementation progress:
3.2.1 The progress of the amount of warehousing data is: _________;
3.2.2 The amount of export commodity data in the six months after the contract takes effect is >60,000;
3.2.3 The amount of export commodity data in the first year after the contract takes effect is >200,000;
3.2.4 The amount of export commodity data in the two years after the contract takes effect is >1 million;
3.2.5 Within 3 years after the contract takes effect, the amount of export commodity data will be >1.2 million, and the number of enterprises will be >500,000.
Fourth, transfer and subcontracting
4.1 Transfer and Subcontracted Programs
4.1.1 With the written consent of the purchaser, the supplier may partially transfer and subcontract the contractual obligations that it should perform, but the transfer and subcontracting shall not relieve the supplier of its obligations and obligations under this contract.
4.1.2 The supplier shall take effect after all the subcontracts signed by the supplier have been approved by the purchaser.
4.1.3 When the supplier signs a subcontract with a third party, it must explain in the contract the fact that the supplier and the buyer have signed this contract by means of bidding, and the third party accepting the subcontract must commit to the subcontract. The subcontracted project and the supplier jointly bear joint and several liabilities to the demander.
Five, quality assurance
5.1 Supplier liability
5.1.1 In order to ensure the quality of contract performance, the supplier shall fulfill the commitments of the bidding documents and ensure the quality of the procedures and work of data collection, verification, translation, classification, entry and maintenance.
5.1.2 The supplier shall fulfill the commitments of the bidding documents, establish and improve the internal quality assurance system of the system, and provide relevant files to the demanding party and accept the inspection by the demanding party.
5.1.3 The supplier shall fulfill the commitment of the bidding file to ensure that the number and quality of the project implementation team personnel meet the requirements of the performance contract and accept the inspection of the buyer at any time. When the project team changes, the buyer should be notified in time.
5.1.4 The supplier shall fulfill the promise of the bidding file and configure the necessary software and hardware equipment to ensure the effective implementation of the contract. In the configuration of computer hardware and software, the supplier should accept the guidance of the buyer.
5.1.5 In view of the particular nature of the service, the supplier will continuously adjust the services provided in accordance with the functional requirements of the contract to achieve the purpose of optimization, and accept the guidance of the purchaser in the method of collecting data.
5.2 Contract monitoring
5.2.1 Monitoring of contracts
5.2.2 The contract execution control of this project belongs to the acquirer.
5.2.3 During the same period, the acquirer has the right to monitor the quality and progress of the contract implementation in various ways at any time.
5.2.4 Have the right to conduct random inspections of the following contents at any time:
Whether the entered information matches the content of the original data registration form;
Whether the amount of data entered is consistent with the number of data registration forms received;
Data entry progress;
The accuracy of the warehousing information;
Whether the information is updated in time, etc.
5.2.5 The supplier shall actively cooperate with the sampling inspection of the demanding party and shall not refuse the inspection for any reason or falsify during the inspection.
5.2.6 If the first sampling is unqualified, the demander will conduct a random sampling within 10 days; if the re-inspection is unqualified, the demanding party has the right to pursue the supplier for breach of contract in accordance with the relevant provisions.
Contract documents and materials
6.1 Technical Information
6.1.1 When submitting the services and service results under this contract to the acquirer, the supplier must submit relevant technical information to the demander at the same time.
Seven, acceptance
7.1 Acceptance content and method
7.1.1 After the supplier completes the corresponding work, it shall notify the buyer of the acceptance according to the time limit specified in this article. The demander and its subordinate institutions shall be responsible for the acceptance of the contents of this contract.
7.1.2 First acceptance: 3 months after the contract takes effect. The acceptance content is the progress of data collection, translation and entry into the preliminary work. Before the acceptance, the supplier shall submit the following files to the demander in advance:
Hardware and staffing instructions;
Detailed information on data collection channels, methods and data verification methods and procedures;
Data classification method description and classification operation implementation rules;
A detailed description of the methods and procedures for proofreading data translation;
Data entry method, program and input data verification method, program description;
Other files and materials that the supplier considers necessary to be submitted.
7.1.3 The second to fifth acceptances are:
Whether the amount of goods exported into the warehouse meets the contract requirements;
Whether the quality of the warehousing data meets the requirements of the contract;
Whether the data update meets the requirements of the contract;
Rationality of staffing and the scientific and effective nature of project management.
7.1.4 The second acceptance is 6 months after the contract takes effect. Before the acceptance, the supplier shall submit the following files to the demander 10 days in advance:
Description of the quantity and quality of the materials in the library;
Data collection channels, methods and data verification methods and program supplements and purchased copyright lists and descriptions;
Data maintenance and update operation rules;
Hardware and system software maintenance management rules;
Other files and materials that the supplier considers necessary to be submitted.
7.1.5 The third acceptance is one year after the contract takes effect. Before the acceptance, the supplier shall submit the following files to the demander 10 days in advance:
Description of the quantity and quality of the materials in the library;
Data collection channels, methods and data verification methods and program supplements and additional copyright lists and descriptions;
Data maintenance update records and instructions within 1 year;
Project management instructions within 1 year;
Other files and materials that the acquirer deems necessary to submit.
7.1.6 The fourth acceptance is 2 years after the contract takes effect. Before the acceptance, the supplier shall submit the following files to the demander 10 days in advance:
Description of the quantity and quality of the materials in the library;
Data collection channels, methods and data verification methods and program supplements and additional copyright lists and descriptions;
Data maintenance update records and instructions within 2 years;
Project management instructions for 2 years;
Other files and materials that the supplier considers necessary to be submitted.
7.1.7 Acceptance is 3 years after the contract takes effect. Before the acceptance, the supplier shall submit the following files to the demander 10 days in advance:
Description of the quantity and quality of the materials in the library;
Data collection channels, methods and data verification methods and program supplements and additional copyright lists and descriptions;
Data maintenance update records and instructions within 3 years;
Project management instructions for 3 years;
The supplier passed the ISO9001 identification certificate;
Other files and materials that the acquirer deems necessary to submit.
7.1.8 From the second acceptance, the demand side will assess the quality management system of the data collection and processing unit, and conduct a sample inspection of the file storage situation and the operation of the data processing process, with emphasis on the data in the warehouse. checking. The specific inspection plan is as follows:
Data volume verification: on-site inspection database records and check with the original data registration form;
Acceptance method: The random sampling method is adopted for acceptance, and the experience collection plan is determined by the demand side based on the statistical analysis principle.
7.1.9 For each acceptance, if the first acceptance is unqualified, the buyer will provide the supplier with a second re-inspection on the 10th; if the re-inspection is unqualified, the acquirer has the right to investigate the supplier for breach of contract.
Eight, the contract price and payment method
8.1 Contract price
8.1.1 The total price of the contract is RMB _________ yuan.
8.1.2 For the item price, see Attachment File 1.
8.2 Payment method
8.2.1 The contract price shall be paid in installments. For the payment of the first 4 contracts, the calculation formula is: ×_________ yuan × 70%; the specific payment is
8.2.2 After the first acceptance of the contract 3 months after the contract is effective, it shall be paid: _________ million pieces × 50% × _________ yuan × 70%;
8.2.3 After the second acceptance of the contract, the payment will be paid after the second acceptance: ×_________ yuan × 70%;
8.2.4 Payment after the third acceptance of the contract 1 year after the contract takes effect: ×_________ yuan × 70%
8.2.5 Payment after the fourth acceptance of the contract 2 years after the contract takes effect: ×_________ yuan × 70%
8.2.6 The fifth time is the payment after the contract is completed at the end of the contract for the fifth time after the fifth acceptance: ×_________ yuan × 70% + the total amount of warehousing data at the completion of this acceptance × _________ yuan × 30% .
8.3 Maximum contract payment
8.3.1 According to the provisions of the Subsidiary Archives of the Contract 1, the total contract amount paid by the acquirer of this contract will not be higher than _________ yuan.
8.4 Payment time
8.4.1 Pay within 10 working days after acceptance.
IX. Liability for breach of contract
9.1 Delayed delivery and disposal
9.1.1 The supplier shall provide services to the acquirer and deliver the results of the service in accordance with the time limit specified in the contract.
9.1.2 In the process of performing the contract, if the supplier fails to provide the service and deliver the service results on time, the supplier shall promptly notify the reasons for the delay in delivery and the delay time in writing. square. If the purchaser agrees to postpone the extension, the contract may be amended to extend the delivery time as appropriate.
9.3 Except as provided in Clause 11.1.1, if the supplier fails to complete the data storage in accordance with the time specified in the contract, the acquirer has the right to deduct the overdue liquidated damages from the corresponding payment. The overdue liquidated damages shall be one percent of the contract price payable for each day of the deduction. If the delay period exceeds 30 days, the acquirer has the right to terminate the contract.
9.4 If the re-inspection result is unqualified at the first, second, third and fourth acceptances or the re-inspection result is unqualified at the random inspection, the acquirer shall have the right to impose a fine of 5% on the payment of the corresponding contract by the supplier, and at 10 In the day for re-acceptance or random inspection. If the test result is unqualified again, the acquirer has the right to terminate this contract, and the unpaid contract price is no longer paid.
9.5 If the re-inspection fails during the fifth acceptance at the end of the 3-year contract, the acquirer shall have the right to impose a fine of 5% on the payment of the corresponding contract and shall re-accept it within 10 days. If the test result is not qualified again, the acquirer has the right to terminate this contract, and the unpaid contract price is no longer paid.
X. Intellectual property rights
10.1 Intellectual Property Rights Returning Party
10.1.1 The "_________" database and its intellectual property rights, such as software, design, etc., are owned by the acquirer. In order to perform the legal copyright and intellectual property rights purchased by this contract, the ownership is owned by the acquirer. The Supplier shall not use or provide the third party with the _________ database and the information and materials related to the database in any way during and after the performance of this contract. If the supplier violates the provisions of this article, the acquirer has the right to terminate the contract and has the right to require the supplier to pay a liquidated damages equivalent to 50% of the total price of the contract.
10.1.2 The supplier shall be responsible for compensation for all losses related to the intellectual property rights of the buyer due to the supplier's reasons.
10.2 No dispute over intellectual property rights
10.2.1 Regardless of the manner in which the acquirer operates or disseminates the “_________” material on any medium, the supplier guarantees that the acquirer will not be accused of infringement of patents and intellectual property by any third party.
10.2.2 If any third party files an allegation of infringement, the supplier must negotiate with the third party and assume all legal liabilities and expenses that may arise.
10.2.3 If the buyer's loss is caused by the establishment of a third party's allegation of infringement, the supplier must be liable for compensation.
10.2.4 All expenses incurred by the acquirer for dealing with third-party intellectual property disputes, including but not limited to legal fees and legal fees, shall be borne by the supplier.
XI, force majeure
11.1 Definition
11.1.1 Force majeure under this contract refers to an objective situation that cannot be foreseen, cannot be avoided and cannot be overcome, making it impossible for one party to this contract to perform its contractual obligations, such as war, severe fire, flood, wind and earthquake, and others. Agree to be a force majeure accident.
11.1.2 Force majeure does not include incidents caused by the negligence or deliberate act of a party and its staff in the performance of the contract.
11.2 The occurrence and countermeasures of force majeure
11.2.1 If any of the parties to the supply and demand causes the performance of the contract to be blocked due to force majeure, the time limit for performance of the contract shall be extended. The extension period should be equivalent to the time affected by the accident.
11.2.2 The party affected by the accident shall notify the other party as soon as possible after the occurrence of the force majeure accident, and deliver the certificate file issued by the relevant department to the other party within two weeks after the accident. If the force majeure affects the time of more than 120 days, the two parties reach an agreement to continue to perform this contract or terminate this contract within a reasonable time through friendly negotiation.
11.2.3 The acquirer reserves the right to unilaterally remove and modify this contract in the event of a force majeure resulting in a major change in the project.
12. Non-competition clause
12.1 The supplier shall not use the service results obtained during the performance of this contract to conduct activities that compete with the content of the “_________” project proposed by the acquirer. If the supplier violates the provisions of this article, the acquirer has the right to terminate the contract and has the right to require the supplier to pay a liquidated damages equivalent to 50% of the total price of the contract.
XIII. Confidentiality clause
13.1 The supplier shall keep confidential the secrets and technical secrets of the demand side that are known in this contract and shall not be disclosed or improperly used.
Fourteen, taxes and fees
14.1 Applicable Tax Law
14.1.1 The tax laws involved in the performance of this contract shall be subject to the relevant tax laws.
14.2 Tax liability
14.2.2 All taxes and fees levied on the demand side in accordance with the current national tax laws shall be borne by the purchaser.
14.2.3 All taxes and fees levied on the supplier in accordance with the national tax law shall be borne by the supplier.
Fifteen, terminate the contract
15.1 Default termination contract
15.1.1 If the supplier has any of the following defaults, the acquirer has the right to terminate the part or all of the contract by giving written notice to the supplier, and the unpaid contract price is no longer paid:
The supplier fails to provide the services and services that should be provided during the period within the time limit specified by the contract or the time limit agreed by the buyer;
If the supplier fails to perform other obligations stipulated in the contract, and fails to correct the fault within 30 days after receiving the notice of default issued by the demander, or within the extension period approved by the purchaser in writing.
15.1.2 After the buyer has terminated all or part of the contract in accordance with the relevant provisions of this contract, the buyer may separately entrust a third party to complete the terminated contract or part of the contract as he or she considers appropriate. The supplier shall be responsible for the expenses incurred by the purchaser for the additional expenses. If the contract is terminated, the supplier shall continue to execute the unconfirmed part of the contract.
15.1.3 The circumstances described in the preceding paragraph do not affect the need to file a claim with the supplier.
15.2 Bankruptcy termination contract
15.2.1 If the supplier becomes bankrupt or loses or may lose performance due to major changes in the project team, the buyer may at any time notify the supplier in writing to terminate the contract. This termination of the contract will not prejudice or affect the right of the remedy that the buyer has taken or will take.
15.3 Expiration of the contract
15.3.1 After the expiration of the contract, the transfer of documents related to the project to the acquirer is part of the performance of the contract by the supplier, and the supplier shall ensure that the complete information is handed over to the acquirer. The document not only includes the _________ product data registration form, but also the management regulations, regulatory records, and purchased materials related to the project.
XVI. Claims
16.1 Claim
16.1.1 If the party-side inspection finds that the service and service results provided by the supplier do not comply with the contract requirements, including potential defects, the acquirer has the right to request the supplier for a deadline for improvement, and also has the right to file a claim with the supplier.
16.1.2 If the supplier fails to implement effective measures for improvement within the time limit set by the acquirer, the buyer may take the necessary remedial measures, and the added costs and risks shall be borne by the supplier.
17. Unit of measurement
17.1 National legal measurement
17.1.1 Except as otherwise provided in this contract, the unit of measurement in the contract shall use the national legal unit of measurement.
Eighteen, notice and contract modification
18.1 Notice
18.1.1 Any notice given by the other party to this contract to the other party shall be transmitted in writing to the other party.
18.2 Modification
18.2.2 Any changes to the terms of the contract must be signed by both the supplier and the buyer to be valid.
Nineteen, the settlement of disputes
19.1 Friendly solution
19.1.1 If there is a dispute between the supplier and the buyer in the performance of the contract, they should do their best to resolve the dispute through friendly negotiation.
19.2 Arbitration
19.2.2 When the dispute between the supply and demand sides cannot be resolved through friendly negotiation, the arbitration shall be brought to the _________ Arbitration Commission according to law.
19.2.3 In the course of dispute resolution, the rest of this contract shall continue to be executed except for those affected by the dispute.
Twenty, the contract takes effect and others
20.1 Contract printing and entry into force
20.1.1 The contract is in quadruplicate and each party holds two copies and has the same legal effect.
20.1.2 The contract shall take effect on the date on which the parties sign or seal the signature page of this contract.
20.1.3 If the contract needs to be modified for any reason, it shall be handled in accordance with Article 18 of this contract.
Twenty-one, other terms
21.1 The supplier undertakes to use the various signs uniformly formulated by the acquirer when carrying out the work described in this contract, and the production costs shall be borne by the supplier.
21.2 In order to ensure that the supplier works on time, the acquirer will urge the data synthesizing unit to provide the data entry interface and database management program that meet the needs of the supplier on time.
Supplier: _________ Demand side: _________
Representative: _________ Representative: _________
_________Year ____________________________________________