Information system contract
This contract is signed by both parties:
Party A:
Address Postcode:
Legal representative:
contact number:
Party B:
Address Postcode:
Legal representative:
Qualification level: Qualification certificate number:
contact number:
In view of Party A's intention to establish an information management system for Party B's business, Party B is willing to provide Party A with the above information management system. The two parties have reached the following agreements in accordance with the "Contract Law of the People's Republic of China" and relevant laws and regulations, in accordance with the principle of equality and mutual benefit:
First, the definition
1. Information systems, information systems, systems, project information systems, information systems, systems, projects, etc. all refer to the information integration system and its parts as proposed by this contract, which Party B intends to construct and which Party B intends to provide.
2. The milestone milestone refers to the relatively independent phased work project of Party B in completing the information system to be constructed by Party A.
3, secret information secret information nail side, Party B all management information, methods, customer list, business data, product information, sales channels, technical know-how, source code, computer documents, etc. or clearly indicated by Party A, Party B as a business Any information that is secret and legally recognized.
4. The working day of the working day refers to all working days except the holidays stipulated by the state. The working days stipulated in this contract refer to the working day, and the date of not specifying the working day refers to the date of natural extension.
1. Party A's business and information system description
1. Party A's business description
Party A's main business is the concurrent business; the information system to be established by Party A is the requirements and main functions of the information system to be established.
2. The existing relationship of Party A is that its main function is that Party B has fully understood the system and will use the information system already established by Party A to make full use of the existing equipment and related software in the existing system. The equipment and software of the existing system can be found in the attached file, which indicates the equipment and software to be selected. Party A guarantees the right to continue to use and/or upgrade the above-mentioned equipment and software to be selected. Unspecified equipment and software shall not be used in the proposed system, or shall be handled by Party A; however, except for the functions in the original system, Party B shall not destroy the system as specified in this contract. Original features.
2. Information system description provided by Party B
Party B has fully understood Party A's needs and provided Party A with the following information system integration according to the description of Party A's business and information system:
1, hardware system
The hardware system equipment provided by Party B is the product produced, and the product quality meets the requirements. The system built by this product, the main function is that it will support the operation of the software. The technical standards, specifications, quantities, and prices of the hardware equipment are listed in Attached File 1.
2, software system
The software system provided by Party B is that the software belonging to the third party is the software owned by Party B and the software developed by Party A to Party B. The software system is based on the provided hardware system, and the software is the operating platform; the software system includes subsystems, subsystems, subsystems, subsystems, and other subsystems to form the information system specified in this contract.
The system built by the software has the main functions of , and the information system established by the software and hardware system will support the operation of Party A's business and/or management. The name, function, grade, version, and price of the software system can be found in Attached Files 2.
3. The goal achieved by the information system:
The overall function meets the requirements of the described system of Party A, and can achieve system integration and seamless connection between modules, seamless transmission of data, full data sharing, and fast reverberation query; its specific data is: business processing speed For each minute, the data storage capacity is, the data transmission speed is, and the reverberation query time is.
The system is open and can adapt to changes in internal and external environments; the entire system can achieve the openness of the required functions of Party A.
4, the principle of system design
The construction of the information system will technically reflect the following principles:
Maturity and advancement habituality and normative availability and security economic and practical inheritance and scalability
Third, information system development and progress
1. The development of this information system is divided into milestone stages. After each milestone project is completed, it is tested and delivered according to the testing standards listed in Attachment 3 of this contract. Party A will follow this contract. Article 6 provides for payment; the testing standards produced or quoted by Party B shall not be lower than the standards of the industry. See the Attached Archive 3 for its specific milestones and progress.
2. The project management contract assigns representatives to form the information system development management team. The list of management team members and communication methods can be found in the attached files. The parties to the contract may re-designate their own management team members according to the specific circumstances, but must notify the other party in writing; Party A may also designate a third party to participate in the management team as their agent. Members of the management team should be able to meet the needs and requirements of the project and its progress. If a member of a group fails to perform the obligations stipulated in the contract, resulting in delay or termination of the project, and if the consequences constitute a breach of this contract, the party represented by the member shall be liable for breach of contract in accordance with the breach clause of this contract.
3. Providing information and materials Party A and Party B shall cooperate with each other in accordance with the nature of the project and fully communicate; Party B shall have the right to understand the relevant situation according to the provisions of this contract and the needs of the project, and to read relevant materials to relevant functional personnel. The investigation shall be conducted to understand the relevant situation of the system, and the comprehensive research and design of the information system shall be conducted. Party A shall actively cooperate with it. If Party A does not provide Party A with the information and circumstances required by Party B to complete this contract, resulting in delay or termination of the project, if the consequences constitute a breach of contract or cause Party B’s loss, Party A’s breach of contract in accordance with this contract And related legal provisions to assume liability for compensation and breach of contract.
4. Design Scheme After obtaining the necessary information provided by Party A, Party B will complete the design plan and submit it to Party A for review within the day according to the functions and objectives of the information system as stipulated in this contract. After receiving the design proposal, Party A shall review the applicability and usability of the information system described in the design plan; Party A shall complete the review within the day, and if it is approved, sign and approve it in the design plan. If there is any complaint, Party B shall submit it to Party B for review. If it does not constitute a problem, Party B shall explain it to Party A; if there is any problem, Party B shall promptly modify it and submit it to Party A for review. Both parties will repeat this program until both parties agree.
Although Party A has reviewed and signed the design proposal, Party A only reviews the applicability, availability, and so on of the information system in Party A. Party A does not review the technical issues in the design plan. If there are any technical problems or technical adjustments in the design plan, Party B will still be responsible.
The design proposal is signed by both parties as an attached file of this contract.
The system design plan is the core of the whole project, the basis of the project quality, the foundation of fulfilling the contract, and the time and energy spent the most. Therefore, the review of the plan by Party A will help the project to proceed smoothly. To reduce possible modifications and to better meet the needs of users.
5. Progress Report Party B shall provide Party A with a written project phase progress report, including the hardware and software construction phase, within a reasonable period of the end of each month, in a manner that Party A can understand. Content includes, but is not limited to, project schedule and project execution, completed development projects, difficulties and obstacles encountered, expected effects of the project, staffing, presence or absence of project changes and/or changes, or other The situation that Party A should know or the situation that Party A requires to know. If there are major problems or important changes, Party B shall submit a written report to Party A within a day; Party B shall also respond to Party A's inquiry related to the project at other times within a reasonable time. If Party B violates the provisions of this Article, Party B shall bear the responsibility for the delay caused by the project and the failure of Party A to pay in time or cooperate with the project and the extension of the project.
6. Third-party supervision Party A has the right to hire a third party as the supervision of this information system project. If Party A has designated a third party as the supervision of Party A, according to the authorization of Party A, the supervisor has the same and the same level as Party A. The rights of Party A as agreed in this contract shall be supervised for the conduct of this project.
7. Subcontracting and subcontracting Party B shall not subcontract or subcontract the obligations or projects under this contract to a third party without the consent of Party A. In violation of the provisions of this Article, Party B shall pay Party A the multiple of the subcontracted or subcontracted profit, and pay the liquidated damages according to the price of the subcontracted or subcontracted item; in addition to immediately terminating the subcontracting or subcontracting contract, Party B shall still Continue to perform this contract in accordance with the terms of time and quality as stipulated in this contract.
Fourth, project changes
In the principle of maintaining and balancing the interests of all parties and the optimization of information systems, within the basic scope of this project, both parties have the right to propose changes, extensions, replacements or revisions in a timely manner in the performance of this contract. Some parts of the project include, but are not limited to, increasing or decreasing the corresponding function of the system, the improvement or enhancement of technical parameters, the time and place of delivery or installation;
1. If Party A proposes a partial change of the project, Party A shall submit it to Party B in writing. Party B shall provide a written response to this within the working day, including detailed changes to the contract price, project delivery date, system performance, project technical parameters and changes, and the impact on the terms of the contract.
2. After receiving the above-mentioned response from Party B, Party A shall notify Party B in writing within the day whether it agrees and accepts the above response from Party B. If Party A accepts the above-mentioned response from Party B, the two parties will separately confirm the change and Party B will perform this contract according to the changed agreement.
3. If Party A disagrees with Party B's above response, such as changes in price or delivery date, Party A and Party B have the right to submit the dispute to the Arbitration Commission for arbitration; Party A shall execute Party B's response before the arbitral award takes effect. Party B shall implement the changes required by Party A. After the arbitral award is issued, both parties will execute accordingly and the losing party will bear the arbitration fee. The choice of arbitration for this clause is independent and does not affect the choice of dispute resolution as stipulated in the dispute clause in this contract.
4. If Party B proposes part of the project's change proposal, Party B shall also clarify the impact of the change on the contract price, project delivery date, system performance, project technical parameters and changes, and the impact on the contract terms.
5. After receiving the above-mentioned change proposal of Party B, Party A shall notify Party B in writing within the day whether it agrees and accepts Party B's above proposed changes. If Party A accepts the above-mentioned response from Party B, the two parties will separately confirm the signing of this change, and Party A and Party B shall perform this contract in accordance with the changed agreement. If Party A disagrees with Party B's above suggestions, the parties will still execute the original contract, but the relevant risks arising therefrom shall be borne by Party A.
V. Delivery
1. Delivery time and place Party B will pay the freight and insurance premiums according to the time and items stipulated in this contract and its subsidiary files, and deliver the information system integration; delivery location:.
If the delivery cannot be carried out according to the reasons of Party A, Party B will postpone the delivery time according to the extension time; if Party B loses due to the delayed delivery, Party A shall compensate Party B for the actual loss. If Party A can accept the delivery without accepting the delivery, Party B shall be deemed to have delivered it, and Party A shall pay in accordance with the contract, unless otherwise agreed by Party A and Party B.
2. Delivery method Party B shall notify Party A in writing the day before the delivery of the project agreed upon in each contract. Party A shall arrange for delivery within the day of receipt of the notice.
3. Delivery content Party B shall deliver according to the content and time agreed upon in the contract; except for the system operation of the project itself, including but not limited to machinery and equipment, installation manual, work manual, system software, computer documentation, human-computer interactive learning program, etc. If Party A can use or own a software source code, Party B shall deliver the source code of the software at the same time. The documents and files delivered should be electronically formatted and human readable.
4. Testing and inspection Before the delivery, Party B shall perform the function and operation test on the delivered project to confirm that the delivered project complies with the provisions of this contract; the testing standards can be found in Attached Files 3 and . After receiving the delivered project, Party A shall inspect the delivered project within a day, and issue a written file to Party B to confirm that it complies with the information system tasks, requirements and functions as stipulated in this contract; or if it is defective, it shall issue it to Party B. A written report stating the defects that need improvement. Party B shall immediately improve this defect and conduct testing and evaluation again. Party A shall re-inspect and submit to Party B a written receipt file or submit a defect report within the day. Party A and Party B will repeat this procedure until the final inspection is accepted by Party A or Party A terminates the contract according to law or contractually; however, this repetitive procedure shall not exceed the corresponding contract performance period as stipulated in this contract.
If the defects of the delivered project are caused by Party A's reasons, Party B shall, at the request of Party A, help to improve the defect, and the expenses incurred shall be borne by Party A.
5. System Trial Operation From the date of system function detection, Party A has the right to trial operation of the system.
If due to Party B, the system has defects or problems during the trial operation, if it is a hardware problem, and the hardware is directly provided by Party B to Party A, Party B shall replace or repair the faulty part of the equipment for free; In case of defects or problems in software, Party B shall promptly eliminate the failures in this aspect; the related expenses incurred shall be borne by Party B.
If due to Party A, the system has defects or problems during the trial operation, if it is a hardware problem, and the hardware is directly provided by Party B to Party A, Party B shall be responsible for repairing or replacing the faulty part of the equipment. If Party A purchases it by itself, Party A shall be responsible for the repair; if it is a software defect or problem, Party B shall promptly eliminate the failure in this aspect; the relevant expenses incurred shall be borne by Party A.
6. After the system trial operation of the system acceptance day is completed, Party A shall promptly perform system acceptance. Party B shall submit a notice of acceptance to Party A in writing. Party A shall arrange a specific date within the day of receipt of the acceptance notice, and Party A and Party B shall complete the system acceptance in accordance with the provisions of this contract.
If it is caused by Party B, the acceptance system will not pass the acceptance. Party B shall eliminate the fault and bear the relevant expenses at the same time. At the same time, extend the trial operation period until the system fully meets the acceptance criteria.
If it belongs to Party A, the acceptance system fails to pass the acceptance. If it is the cause of the system failure, Party B shall remove the fault within a reasonable time and then accept the inspection. The expenses incurred shall be paid by Party A; if it is caused by a fault, In addition to the force majeure stipulated in this contract, and Party A is unwilling or unable to complete the acceptance within the stipulated time, Party B shall unilaterally accept the inspection and submit the acceptance report to Party A, thus the system acceptance has been passed.
5. Ownership, Copyright and Use Rights
1. The ownership of the hardware equipment is transferred to Party A;
2. Entrusted by Party A, the copyright of the software and related files and documents developed by Party B shall be owned by the party; The right to use the information related to this information system and the new business secret information, technical materials and technical know-how generated by the project development are owned. The parties may not assign to the third party the relevant ownership and/or use rights stipulated in this Article or disclose confidential information, technical materials or know-how. Any party who violates the provisions of this Article shall be liable for breach of contract and compensate the other party for the loss. Except as otherwise provided in this contract or otherwise agreed by both parties.
3. Party A's right to license the software sold by Party B to a third party. Except as provided in this contract, Party B's license to use the software or any intellectual property rights of Party A does not mean that Party A has obtained the right to license third parties from Party B.
4. The software provided by Party B to Party A, from and/or belonging to a third party. When Party A uses it, Party A shall use it in accordance with the contract of Party B and third parties for the use of the software. Party B shall submit the photocopies of the agreed written documents to Party A for reference.
5. Party A's rights under this contract will not change due to its acquisition, merger or restructuring; if Party A is acquired, merged, or reorganized, Party A's rights under this contract will follow. Transfer to a unit of acquisition, merger or restructuring.
6. After receiving the information system under this contract, Party A shall strictly abide by the relevant laws and regulations on intellectual property rights and software copyright protection; and use this information system within the scope of this contract, and any party shall use it. The liability for breach of contract or infringement caused by the copying of unauthorized commercial purposes shall be borne by Party A.
Sixth, price and payment method
1. The total price of the information system as stipulated in this contract is:
The price of the hardware system is:
The software system price is:
The integration price is:
2. Project increase or decrease
In the course of the progress of the project, Party A and Party B shall, in accordance with the provisions of the first clause of this contract, make any changes to the project or increase or decrease the equipment, system function changes or software modules approved by both parties, one or both parties shall be based on the above-mentioned proposed price. , agree on the price of the specific change.
3, payment method
Unless otherwise agreed in writing:
Hardware system
3.1 Within one day after the signing of this contract, Party A shall pay the lump sum of the price of the hardware system in one lump sum, in RMB, as the advance payment;
3.2 Within days after the acceptance and acceptance of the hardware system is passed, Party A shall pay the hardware system price in %, which is RMB;
The remaining balance of 3.3 yuan is paid by Party A to Party B after the normal operation of the hardware system.
Software system
3.4 In the case of milestone phase installment by software development or project listed in the attached file, Party A shall pay Party B a % of the milestone software or project price within one day after each milestone software or project delivery acceptance.
3.5 The remaining RMB yuan shall be paid by Party A to Party B after all the information systems have passed the acceptance and normal operation days.
Total integration
3.6 The integrated RMB yuan shall be paid by Party A to Party B all at once after the acceptance and acceptance of all the information systems specified in the contract.
Seven, confidentiality
1. In the course of the performance of this contract, or for the performance of this contract, the first time from the other party, the business secrets of the other party and or the other party, including the methods and materials of production management, product technical data, customers Lists, sales channel corporate strategies and other information deemed to be trade secrets may not be disclosed to any third party without the consent of the other party.
2. If any party needs to disclose relevant information or information to the other party and believes that its trade secrets need to be kept confidential, it should be noted in advance. However, regardless of any other agreement, Party B's software source code and its documentation and system design book, which are independently developed by Party B, shall be the business secrets of Party B. Party A shall not disclose it to a third party without the consent of Party B.
3. For the above trade secret information, the acquirer can only use the information for the service, and can only be used by the corresponding engineering and technical personnel; personnel who do not need to contact such information are not allowed to contact.
4. The party that obtains the other party's trade secrets shall take appropriate and effective measures to protect the acquired trade secrets; unless the written permission of the other party, or the information has been deemed by the other party to be no longer a trade secret, or has been disclosed in the society, The trade secrets obtained shall not be disclosed to the public during the year.
Interpretation: The information system itself is characterized by a collection of information, and this information is the trade secret of both parties to the transaction. Therefore, the confidentiality clause becomes one of the basic provisions of this contract. It is necessary to make detailed arrangements for confidentiality clauses as much as possible.
Eight, project training and services
Party B shall promptly arrange training for relevant personnel of Party A according to the project's plan, schedule and needs and the reasonable requirements of the client. The training objective is that the trainee can complete the operation target and realize the information system according to the provisions of this contract. Goals and features.
Nine, system assurance and maintenance
1. Party B declares and guarantees:
l Any intellectual property rights of any third party provided by Party B under this contract that are used for the information system specified in this contract, have legal ownership or use rights or sub-licensing rights, and will not infringe the legality of third parties. right;
l The software developed by Party B and entrusted by Party A does not and does not infringe on the legal rights of others;
l If Party B needs to modify, add or upgrade the third party's software in accordance with the provisions of this contract, Party B shall ensure that it has obtained the legal authorization of the third party;
l In the software system delivered by Party B, Party B will not implant software that automatically terminates or obstructs the operation of the system for any reason;
l If the software provided by Party B, including the software developed by Party A, is subject to registration, filing, approval and permission by the relevant state departments, Party B shall ensure that the software provided is completed, registered, approved, Licensed software.
If Party B violates the provisions of this Article and Party A is held liable by third party, or Party A cannot operate this information system properly, Party B shall be responsible for compensating Party A for all losses arising therefrom.
2. When Party B guarantees that the information system and its affiliated products provided to Party A in accordance with this contract, there is no flaw in quality or process, and it can operate normally in accordance with the technical specifications, requirements and functions stipulated in this contract. Party B also guarantees that the software system provided by Party B is the most suitable version currently used by Party A in the current situation.
3. Party B shall provide Party A with free warranty and maintenance service within one year. If the manufacturer's warranty period for the corresponding part of the system product exceeds one year, the company shall provide a free warranty according to the manufacturer's regulations. In the event of system failure or defects and defects during this period, Party B will provide warranty and maintenance services in the following manner:
Fault type support mode reverberation request
The network or the host system immediately responds to the call and immediately starts
Serious system failure, some services are not normal within the reply within one working day
The system service is not working within the normal working hours within an hour.
4. During the warranty period, if the parts in this information system need to be replaced or upgraded due to Party B's responsibility, the warranty period of the parts will be extended accordingly.
5. During the warranty period, if the above-mentioned faults are caused by Party A's reasons, the repair and maintenance costs shall be borne by Party A.
6. After the expiration of the system warranty period, if Party A continues to engage Party B to maintain the information system specified in this contract, the two parties will sign a separate maintenance agreement.
Ten, system upgrade agreement
1. Agreement on the right to upgrade and upgrade results
Party A's right to upgrade the software provided by Party B.
If Party A upgrades the self-developed software provided by Party B according to the contractual rights, Party A will give the upgraded software feedback and Party B, and the upgraded results belong to all, and the party has the right to use the upgraded software. In applying these Terms, Party A shall still abide by the provisions of this Agreement for the confidentiality of third parties; at the same time, this clause does not apply to software owned by third parties.
2. The addition or modification of the original program is to smoothly run the information system. Party A may, according to its actual needs, make necessary additions or modifications to the self-developed software provided by Party B; and have the right to run other information on this information system. Apply software. In applying these Terms, Party A shall still abide by the provisions of this contract for the confidentiality of third parties; at the same time, this clause shall not violate the use of third party proprietary software.
3. Under any circumstance, Party A shall not upgrade, attach or modify any software provided by Party B for commercial transaction purposes without the written consent of Party B.
XI. Breach of contract and liability
1. Delivery default
If Party B fails to complete and deliver the items specified in this contract in accordance with the plan and time specified in this contract, Party A has the right to request Party B to take remedial and compensation measures and continue to perform its obligations under this contract. At the same time, Party B shall pay Party A a penalty of % of the contract amount for each deferred day; however, the total amount of liquidated damages shall not exceed % of the contract amount. If the extension period exceeds the day, Party A has the right to terminate the contract, except as agreed in the preceding paragraph. In addition to the liquidated damages, Party B is required to pay the total amount of the contract as compensation to Party A.
2. If the payment is breached, Party A shall not pay according to the time limit stipulated in the contract. Party A shall pay Party B a penalty of % of the contract amount for each extension of the contract; however, the total amount of liquidated damages shall not exceed the percentage of the contract amount. If the extension time exceeds the day Party B has the right to terminate the contract. In addition to the liquidated damages agreed in the preceding paragraph, Party A may also request Party A to pay the total amount of the contract as compensation to Party A. If the contract continues to be performed, Party A shall, in addition to paying the above liquidated damages, pay in accordance with the amount stipulated in the contract, and Party B shall postpone the date of performance of this contract. If Party B chooses to terminate the contract, Party A shall pay Party B the price of the delivered hardware and the completed software; after Party A's payment, Party B shall deliver the paid hardware and software to Party A; Party A shall Use of accepted hardware and software in the future should still be used in accordance with the provisions of this contract.
3. The software clause breaches any party's obligations in respect of its software in accordance with the provisions of this contract, and the defaulting party shall pay liquidated damages according to the price of the software.
4. Any party that breaches the breach of confidentiality violates its confidentiality obligations as stipulated in this contract. The defaulting party shall pay the liquidated damages according to the total price of the contract or the actual loss of the party affected by the loss, including the loss of profits; One party has the right to choose one of the above two methods to claim compensation from the other party. The payment of this liquidated damages and damages is independent of other breach of contract obligations.
5. In the event of default, the observant party shall notify the defaulting party in writing when the breaching party pays the liquidated damages, including the event of default, liquidated damages, time and manner of payment, etc. The defaulting party shall, after receiving the above notice, Answer the other party within days and pay liquidated damages. If the parties cannot reach a consensus on this, they will resolve the dispute between the two parties in accordance with the dispute settlement clause provided for in this contract, but neither party may take illegal measures or damage the project to impose liquidated damages.
Twelve, force majeure
1. Due to earthquakes, typhoons, floods, fires, wars, and other force majeure that cannot be foreseen and cannot be prevented or avoided due to their occurrence and consequences, directly affecting the performance of this contract or failing to perform in accordance with the contract, the party that has the above force majeure The party shall immediately notify the other party in writing and provide the above-mentioned details of the force majeure and the inability to perform the contract, or the part that cannot be performed, or the reasons for the extension of the performance and the valid supporting documents within fifteen days. This proof file shall be issued by a notary office where the force majeure takes place. According to the degree of its impact on the performance of the contract, the two parties negotiated whether to cancel the contract, or partially exempted from fulfilling the contractual obligations, or deferred performance of the contract.
2. The party affected by force majeure shall, as far as practicable, take reasonable actions to mitigate the effects of force majeure on the performance of this contract.
XIII. Entry into force, change and termination of the contract
1. This contract shall become effective after being signed by the representatives designated by both parties.
2. If any of the following circumstances occurs, either party has the right to terminate the contract, but must notify the other party in writing:
l A party enters bankruptcy, is dissolved, is closed down or restored according to law, or has entered the liquidation stage;
l The situation in which one party is insolvent;
l There is a contractual or statutory cancellation.
Except as otherwise provided in this contract and laws and regulations, any such party shall be deemed to be in breach of contract and the other party shall be entitled to investigate the party’s liability for breach of contract in accordance with the provisions of this contract.
3. This contract is terminated after the parties have fulfilled all the obligations of the contract, including the end of the warranty period of this information system and Party A's payment of the entire contract.
4. Once this contract is signed, neither party may change this contract without the consent of both parties; the subsidiary files listed in this contract and the files issued during the project implementation process, such as system design books and testing standards, are signed by both parties. After that, it is an integral part of this contract; any other written documents that are orally or not included in this contract or that are not based on this contract are not binding on both parties. If there is any change, supplement or modification in the performance of this contract, the parties will sign a separate written agreement.
XIV. Dispute resolution
1. If a dispute arises between the parties to the contract in the course of performance of this contract, the parties shall first settle the dispute through friendly negotiation. The settlement period of the friendly negotiation shall be the day after the dispute occurs; if the negotiation period is exceeded, the parties agree to press the following Ways to solve:
Arbitration: Arbitration to the Suzhou Arbitration Commission and arbitration in accordance with its arbitration rules.
Litigation: The lawsuit is brought to the people's court and is under the jurisdiction of the people's court of the place of residence.
2. In the event of any dispute, and the arbitration of any dispute or the filing of a suit in a people's court, the parties shall continue to perform other obligations under this contract in addition to the terms of the dispute or dispute.
Fifteen, notice
1. In order to enjoy the rights stipulated in this contract and to perform the obligations stipulated in this contract or to notify the other party of the breach of contract, the notifying party shall send the written notice to the notified party by registered mail or by express delivery. After the registered letter is sent for 3 days, it is deemed to have been delivered; if it is delivered by the person, it will be deemed to have been served after being signed by the person.
2, notification address
The address of the notice is the address on the first page of the contract. If one party wishes to change the notification address, it shall notify the other party in writing in advance.
Interpretation: The notice clause is a formal agreement to maintain contact, and the formal clause is necessary to ensure that the entity's rights and obligations are effectively implemented.
Subsidiary file 1
Hardware equipment: manufacturer, technical standards, specifications, quantities, prices, etc.
Delivery location:
Due time:
Subsidiary file 2
Software system: name, function, level, version, price
Delivery location:
Due time:
Subsidiary files 3. Milestone stage projects: name, content, completion time, testing standards,
Due time:
Delivery location:
for reference:
The first phase - task and target system design book, system and subsystem testing standard book: constitutes the subsidiary file of this contract. The test standard shall not be lower than the standards of the industry.
The second stage - tasks and objectives ......
Test and test cases
Phased delivery: business process plan, system design book, system and subsystem test standard book, software product review file, project plan, software requirements analysis file, software design file, software implementation and unit test file, integration and system test file Both parties reviewed, debugged and adjusted the above files.
Ways and methods of phased inspection
Subordinate file 4 Project team members:
Party A: Party B members:
Name: Name:
Position: Position:
Responsible project: Responsible for the project:
Contact: Contact:
Name: Name:
Position: Position:
Responsible project: Responsible for the project:
Contact: Contact:
Party A:
Address Postcode:
Legal representative:
contact number:
Party B:
Address Postcode:
Legal representative:
Qualification level: Qualification certificate number:
contact number:
In view of Party A's intention to establish an information management system for Party B's business, Party B is willing to provide Party A with the above information management system. The two parties have reached the following agreements in accordance with the "Contract Law of the People's Republic of China" and relevant laws and regulations, in accordance with the principle of equality and mutual benefit:
First, the definition
1. Information systems, information systems, systems, project information systems, information systems, systems, projects, etc. all refer to the information integration system and its parts as proposed by this contract, which Party B intends to construct and which Party B intends to provide.
2. The milestone milestone refers to the relatively independent phased work project of Party B in completing the information system to be constructed by Party A.
3, secret information secret information nail side, Party B all management information, methods, customer list, business data, product information, sales channels, technical know-how, source code, computer documents, etc. or clearly indicated by Party A, Party B as a business Any information that is secret and legally recognized.
4. The working day of the working day refers to all working days except the holidays stipulated by the state. The working days stipulated in this contract refer to the working day, and the date of not specifying the working day refers to the date of natural extension.
1. Party A's business and information system description
1. Party A's business description
Party A's main business is the concurrent business; the information system to be established by Party A is the requirements and main functions of the information system to be established.
2. The existing relationship of Party A is that its main function is that Party B has fully understood the system and will use the information system already established by Party A to make full use of the existing equipment and related software in the existing system. The equipment and software of the existing system can be found in the attached file, which indicates the equipment and software to be selected. Party A guarantees the right to continue to use and/or upgrade the above-mentioned equipment and software to be selected. Unspecified equipment and software shall not be used in the proposed system, or shall be handled by Party A; however, except for the functions in the original system, Party B shall not destroy the system as specified in this contract. Original features.
2. Information system description provided by Party B
Party B has fully understood Party A's needs and provided Party A with the following information system integration according to the description of Party A's business and information system:
1, hardware system
The hardware system equipment provided by Party B is the product produced, and the product quality meets the requirements. The system built by this product, the main function is that it will support the operation of the software. The technical standards, specifications, quantities, and prices of the hardware equipment are listed in Attached File 1.
2, software system
The software system provided by Party B is that the software belonging to the third party is the software owned by Party B and the software developed by Party A to Party B. The software system is based on the provided hardware system, and the software is the operating platform; the software system includes subsystems, subsystems, subsystems, subsystems, and other subsystems to form the information system specified in this contract.
The system built by the software has the main functions of , and the information system established by the software and hardware system will support the operation of Party A's business and/or management. The name, function, grade, version, and price of the software system can be found in Attached Files 2.
3. The goal achieved by the information system:
The overall function meets the requirements of the described system of Party A, and can achieve system integration and seamless connection between modules, seamless transmission of data, full data sharing, and fast reverberation query; its specific data is: business processing speed For each minute, the data storage capacity is, the data transmission speed is, and the reverberation query time is.
The system is open and can adapt to changes in internal and external environments; the entire system can achieve the openness of the required functions of Party A.
4, the principle of system design
The construction of the information system will technically reflect the following principles:
Maturity and advancement habituality and normative availability and security economic and practical inheritance and scalability
Third, information system development and progress
1. The development of this information system is divided into milestone stages. After each milestone project is completed, it is tested and delivered according to the testing standards listed in Attachment 3 of this contract. Party A will follow this contract. Article 6 provides for payment; the testing standards produced or quoted by Party B shall not be lower than the standards of the industry. See the Attached Archive 3 for its specific milestones and progress.
2. The project management contract assigns representatives to form the information system development management team. The list of management team members and communication methods can be found in the attached files. The parties to the contract may re-designate their own management team members according to the specific circumstances, but must notify the other party in writing; Party A may also designate a third party to participate in the management team as their agent. Members of the management team should be able to meet the needs and requirements of the project and its progress. If a member of a group fails to perform the obligations stipulated in the contract, resulting in delay or termination of the project, and if the consequences constitute a breach of this contract, the party represented by the member shall be liable for breach of contract in accordance with the breach clause of this contract.
3. Providing information and materials Party A and Party B shall cooperate with each other in accordance with the nature of the project and fully communicate; Party B shall have the right to understand the relevant situation according to the provisions of this contract and the needs of the project, and to read relevant materials to relevant functional personnel. The investigation shall be conducted to understand the relevant situation of the system, and the comprehensive research and design of the information system shall be conducted. Party A shall actively cooperate with it. If Party A does not provide Party A with the information and circumstances required by Party B to complete this contract, resulting in delay or termination of the project, if the consequences constitute a breach of contract or cause Party B’s loss, Party A’s breach of contract in accordance with this contract And related legal provisions to assume liability for compensation and breach of contract.
4. Design Scheme After obtaining the necessary information provided by Party A, Party B will complete the design plan and submit it to Party A for review within the day according to the functions and objectives of the information system as stipulated in this contract. After receiving the design proposal, Party A shall review the applicability and usability of the information system described in the design plan; Party A shall complete the review within the day, and if it is approved, sign and approve it in the design plan. If there is any complaint, Party B shall submit it to Party B for review. If it does not constitute a problem, Party B shall explain it to Party A; if there is any problem, Party B shall promptly modify it and submit it to Party A for review. Both parties will repeat this program until both parties agree.
Although Party A has reviewed and signed the design proposal, Party A only reviews the applicability, availability, and so on of the information system in Party A. Party A does not review the technical issues in the design plan. If there are any technical problems or technical adjustments in the design plan, Party B will still be responsible.
The design proposal is signed by both parties as an attached file of this contract.
The system design plan is the core of the whole project, the basis of the project quality, the foundation of fulfilling the contract, and the time and energy spent the most. Therefore, the review of the plan by Party A will help the project to proceed smoothly. To reduce possible modifications and to better meet the needs of users.
5. Progress Report Party B shall provide Party A with a written project phase progress report, including the hardware and software construction phase, within a reasonable period of the end of each month, in a manner that Party A can understand. Content includes, but is not limited to, project schedule and project execution, completed development projects, difficulties and obstacles encountered, expected effects of the project, staffing, presence or absence of project changes and/or changes, or other The situation that Party A should know or the situation that Party A requires to know. If there are major problems or important changes, Party B shall submit a written report to Party A within a day; Party B shall also respond to Party A's inquiry related to the project at other times within a reasonable time. If Party B violates the provisions of this Article, Party B shall bear the responsibility for the delay caused by the project and the failure of Party A to pay in time or cooperate with the project and the extension of the project.
6. Third-party supervision Party A has the right to hire a third party as the supervision of this information system project. If Party A has designated a third party as the supervision of Party A, according to the authorization of Party A, the supervisor has the same and the same level as Party A. The rights of Party A as agreed in this contract shall be supervised for the conduct of this project.
7. Subcontracting and subcontracting Party B shall not subcontract or subcontract the obligations or projects under this contract to a third party without the consent of Party A. In violation of the provisions of this Article, Party B shall pay Party A the multiple of the subcontracted or subcontracted profit, and pay the liquidated damages according to the price of the subcontracted or subcontracted item; in addition to immediately terminating the subcontracting or subcontracting contract, Party B shall still Continue to perform this contract in accordance with the terms of time and quality as stipulated in this contract.
Fourth, project changes
In the principle of maintaining and balancing the interests of all parties and the optimization of information systems, within the basic scope of this project, both parties have the right to propose changes, extensions, replacements or revisions in a timely manner in the performance of this contract. Some parts of the project include, but are not limited to, increasing or decreasing the corresponding function of the system, the improvement or enhancement of technical parameters, the time and place of delivery or installation;
1. If Party A proposes a partial change of the project, Party A shall submit it to Party B in writing. Party B shall provide a written response to this within the working day, including detailed changes to the contract price, project delivery date, system performance, project technical parameters and changes, and the impact on the terms of the contract.
2. After receiving the above-mentioned response from Party B, Party A shall notify Party B in writing within the day whether it agrees and accepts the above response from Party B. If Party A accepts the above-mentioned response from Party B, the two parties will separately confirm the change and Party B will perform this contract according to the changed agreement.
3. If Party A disagrees with Party B's above response, such as changes in price or delivery date, Party A and Party B have the right to submit the dispute to the Arbitration Commission for arbitration; Party A shall execute Party B's response before the arbitral award takes effect. Party B shall implement the changes required by Party A. After the arbitral award is issued, both parties will execute accordingly and the losing party will bear the arbitration fee. The choice of arbitration for this clause is independent and does not affect the choice of dispute resolution as stipulated in the dispute clause in this contract.
4. If Party B proposes part of the project's change proposal, Party B shall also clarify the impact of the change on the contract price, project delivery date, system performance, project technical parameters and changes, and the impact on the contract terms.
5. After receiving the above-mentioned change proposal of Party B, Party A shall notify Party B in writing within the day whether it agrees and accepts Party B's above proposed changes. If Party A accepts the above-mentioned response from Party B, the two parties will separately confirm the signing of this change, and Party A and Party B shall perform this contract in accordance with the changed agreement. If Party A disagrees with Party B's above suggestions, the parties will still execute the original contract, but the relevant risks arising therefrom shall be borne by Party A.
V. Delivery
1. Delivery time and place Party B will pay the freight and insurance premiums according to the time and items stipulated in this contract and its subsidiary files, and deliver the information system integration; delivery location:.
If the delivery cannot be carried out according to the reasons of Party A, Party B will postpone the delivery time according to the extension time; if Party B loses due to the delayed delivery, Party A shall compensate Party B for the actual loss. If Party A can accept the delivery without accepting the delivery, Party B shall be deemed to have delivered it, and Party A shall pay in accordance with the contract, unless otherwise agreed by Party A and Party B.
2. Delivery method Party B shall notify Party A in writing the day before the delivery of the project agreed upon in each contract. Party A shall arrange for delivery within the day of receipt of the notice.
3. Delivery content Party B shall deliver according to the content and time agreed upon in the contract; except for the system operation of the project itself, including but not limited to machinery and equipment, installation manual, work manual, system software, computer documentation, human-computer interactive learning program, etc. If Party A can use or own a software source code, Party B shall deliver the source code of the software at the same time. The documents and files delivered should be electronically formatted and human readable.
4. Testing and inspection Before the delivery, Party B shall perform the function and operation test on the delivered project to confirm that the delivered project complies with the provisions of this contract; the testing standards can be found in Attached Files 3 and . After receiving the delivered project, Party A shall inspect the delivered project within a day, and issue a written file to Party B to confirm that it complies with the information system tasks, requirements and functions as stipulated in this contract; or if it is defective, it shall issue it to Party B. A written report stating the defects that need improvement. Party B shall immediately improve this defect and conduct testing and evaluation again. Party A shall re-inspect and submit to Party B a written receipt file or submit a defect report within the day. Party A and Party B will repeat this procedure until the final inspection is accepted by Party A or Party A terminates the contract according to law or contractually; however, this repetitive procedure shall not exceed the corresponding contract performance period as stipulated in this contract.
If the defects of the delivered project are caused by Party A's reasons, Party B shall, at the request of Party A, help to improve the defect, and the expenses incurred shall be borne by Party A.
5. System Trial Operation From the date of system function detection, Party A has the right to trial operation of the system.
If due to Party B, the system has defects or problems during the trial operation, if it is a hardware problem, and the hardware is directly provided by Party B to Party A, Party B shall replace or repair the faulty part of the equipment for free; In case of defects or problems in software, Party B shall promptly eliminate the failures in this aspect; the related expenses incurred shall be borne by Party B.
If due to Party A, the system has defects or problems during the trial operation, if it is a hardware problem, and the hardware is directly provided by Party B to Party A, Party B shall be responsible for repairing or replacing the faulty part of the equipment. If Party A purchases it by itself, Party A shall be responsible for the repair; if it is a software defect or problem, Party B shall promptly eliminate the failure in this aspect; the relevant expenses incurred shall be borne by Party A.
6. After the system trial operation of the system acceptance day is completed, Party A shall promptly perform system acceptance. Party B shall submit a notice of acceptance to Party A in writing. Party A shall arrange a specific date within the day of receipt of the acceptance notice, and Party A and Party B shall complete the system acceptance in accordance with the provisions of this contract.
If it is caused by Party B, the acceptance system will not pass the acceptance. Party B shall eliminate the fault and bear the relevant expenses at the same time. At the same time, extend the trial operation period until the system fully meets the acceptance criteria.
If it belongs to Party A, the acceptance system fails to pass the acceptance. If it is the cause of the system failure, Party B shall remove the fault within a reasonable time and then accept the inspection. The expenses incurred shall be paid by Party A; if it is caused by a fault, In addition to the force majeure stipulated in this contract, and Party A is unwilling or unable to complete the acceptance within the stipulated time, Party B shall unilaterally accept the inspection and submit the acceptance report to Party A, thus the system acceptance has been passed.
5. Ownership, Copyright and Use Rights
1. The ownership of the hardware equipment is transferred to Party A;
2. Entrusted by Party A, the copyright of the software and related files and documents developed by Party B shall be owned by the party; The right to use the information related to this information system and the new business secret information, technical materials and technical know-how generated by the project development are owned. The parties may not assign to the third party the relevant ownership and/or use rights stipulated in this Article or disclose confidential information, technical materials or know-how. Any party who violates the provisions of this Article shall be liable for breach of contract and compensate the other party for the loss. Except as otherwise provided in this contract or otherwise agreed by both parties.
3. Party A's right to license the software sold by Party B to a third party. Except as provided in this contract, Party B's license to use the software or any intellectual property rights of Party A does not mean that Party A has obtained the right to license third parties from Party B.
4. The software provided by Party B to Party A, from and/or belonging to a third party. When Party A uses it, Party A shall use it in accordance with the contract of Party B and third parties for the use of the software. Party B shall submit the photocopies of the agreed written documents to Party A for reference.
5. Party A's rights under this contract will not change due to its acquisition, merger or restructuring; if Party A is acquired, merged, or reorganized, Party A's rights under this contract will follow. Transfer to a unit of acquisition, merger or restructuring.
6. After receiving the information system under this contract, Party A shall strictly abide by the relevant laws and regulations on intellectual property rights and software copyright protection; and use this information system within the scope of this contract, and any party shall use it. The liability for breach of contract or infringement caused by the copying of unauthorized commercial purposes shall be borne by Party A.
Sixth, price and payment method
1. The total price of the information system as stipulated in this contract is:
The price of the hardware system is:
The software system price is:
The integration price is:
2. Project increase or decrease
In the course of the progress of the project, Party A and Party B shall, in accordance with the provisions of the first clause of this contract, make any changes to the project or increase or decrease the equipment, system function changes or software modules approved by both parties, one or both parties shall be based on the above-mentioned proposed price. , agree on the price of the specific change.
3, payment method
Unless otherwise agreed in writing:
Hardware system
3.1 Within one day after the signing of this contract, Party A shall pay the lump sum of the price of the hardware system in one lump sum, in RMB, as the advance payment;
3.2 Within days after the acceptance and acceptance of the hardware system is passed, Party A shall pay the hardware system price in %, which is RMB;
The remaining balance of 3.3 yuan is paid by Party A to Party B after the normal operation of the hardware system.
Software system
3.4 In the case of milestone phase installment by software development or project listed in the attached file, Party A shall pay Party B a % of the milestone software or project price within one day after each milestone software or project delivery acceptance.
3.5 The remaining RMB yuan shall be paid by Party A to Party B after all the information systems have passed the acceptance and normal operation days.
Total integration
3.6 The integrated RMB yuan shall be paid by Party A to Party B all at once after the acceptance and acceptance of all the information systems specified in the contract.
Seven, confidentiality
1. In the course of the performance of this contract, or for the performance of this contract, the first time from the other party, the business secrets of the other party and or the other party, including the methods and materials of production management, product technical data, customers Lists, sales channel corporate strategies and other information deemed to be trade secrets may not be disclosed to any third party without the consent of the other party.
2. If any party needs to disclose relevant information or information to the other party and believes that its trade secrets need to be kept confidential, it should be noted in advance. However, regardless of any other agreement, Party B's software source code and its documentation and system design book, which are independently developed by Party B, shall be the business secrets of Party B. Party A shall not disclose it to a third party without the consent of Party B.
3. For the above trade secret information, the acquirer can only use the information for the service, and can only be used by the corresponding engineering and technical personnel; personnel who do not need to contact such information are not allowed to contact.
4. The party that obtains the other party's trade secrets shall take appropriate and effective measures to protect the acquired trade secrets; unless the written permission of the other party, or the information has been deemed by the other party to be no longer a trade secret, or has been disclosed in the society, The trade secrets obtained shall not be disclosed to the public during the year.
Interpretation: The information system itself is characterized by a collection of information, and this information is the trade secret of both parties to the transaction. Therefore, the confidentiality clause becomes one of the basic provisions of this contract. It is necessary to make detailed arrangements for confidentiality clauses as much as possible.
Eight, project training and services
Party B shall promptly arrange training for relevant personnel of Party A according to the project's plan, schedule and needs and the reasonable requirements of the client. The training objective is that the trainee can complete the operation target and realize the information system according to the provisions of this contract. Goals and features.
Nine, system assurance and maintenance
1. Party B declares and guarantees:
l Any intellectual property rights of any third party provided by Party B under this contract that are used for the information system specified in this contract, have legal ownership or use rights or sub-licensing rights, and will not infringe the legality of third parties. right;
l The software developed by Party B and entrusted by Party A does not and does not infringe on the legal rights of others;
l If Party B needs to modify, add or upgrade the third party's software in accordance with the provisions of this contract, Party B shall ensure that it has obtained the legal authorization of the third party;
l In the software system delivered by Party B, Party B will not implant software that automatically terminates or obstructs the operation of the system for any reason;
l If the software provided by Party B, including the software developed by Party A, is subject to registration, filing, approval and permission by the relevant state departments, Party B shall ensure that the software provided is completed, registered, approved, Licensed software.
If Party B violates the provisions of this Article and Party A is held liable by third party, or Party A cannot operate this information system properly, Party B shall be responsible for compensating Party A for all losses arising therefrom.
2. When Party B guarantees that the information system and its affiliated products provided to Party A in accordance with this contract, there is no flaw in quality or process, and it can operate normally in accordance with the technical specifications, requirements and functions stipulated in this contract. Party B also guarantees that the software system provided by Party B is the most suitable version currently used by Party A in the current situation.
3. Party B shall provide Party A with free warranty and maintenance service within one year. If the manufacturer's warranty period for the corresponding part of the system product exceeds one year, the company shall provide a free warranty according to the manufacturer's regulations. In the event of system failure or defects and defects during this period, Party B will provide warranty and maintenance services in the following manner:
Fault type support mode reverberation request
The network or the host system immediately responds to the call and immediately starts
Serious system failure, some services are not normal within the reply within one working day
The system service is not working within the normal working hours within an hour.
4. During the warranty period, if the parts in this information system need to be replaced or upgraded due to Party B's responsibility, the warranty period of the parts will be extended accordingly.
5. During the warranty period, if the above-mentioned faults are caused by Party A's reasons, the repair and maintenance costs shall be borne by Party A.
6. After the expiration of the system warranty period, if Party A continues to engage Party B to maintain the information system specified in this contract, the two parties will sign a separate maintenance agreement.
Ten, system upgrade agreement
1. Agreement on the right to upgrade and upgrade results
Party A's right to upgrade the software provided by Party B.
If Party A upgrades the self-developed software provided by Party B according to the contractual rights, Party A will give the upgraded software feedback and Party B, and the upgraded results belong to all, and the party has the right to use the upgraded software. In applying these Terms, Party A shall still abide by the provisions of this Agreement for the confidentiality of third parties; at the same time, this clause does not apply to software owned by third parties.
2. The addition or modification of the original program is to smoothly run the information system. Party A may, according to its actual needs, make necessary additions or modifications to the self-developed software provided by Party B; and have the right to run other information on this information system. Apply software. In applying these Terms, Party A shall still abide by the provisions of this contract for the confidentiality of third parties; at the same time, this clause shall not violate the use of third party proprietary software.
3. Under any circumstance, Party A shall not upgrade, attach or modify any software provided by Party B for commercial transaction purposes without the written consent of Party B.
XI. Breach of contract and liability
1. Delivery default
If Party B fails to complete and deliver the items specified in this contract in accordance with the plan and time specified in this contract, Party A has the right to request Party B to take remedial and compensation measures and continue to perform its obligations under this contract. At the same time, Party B shall pay Party A a penalty of % of the contract amount for each deferred day; however, the total amount of liquidated damages shall not exceed % of the contract amount. If the extension period exceeds the day, Party A has the right to terminate the contract, except as agreed in the preceding paragraph. In addition to the liquidated damages, Party B is required to pay the total amount of the contract as compensation to Party A.
2. If the payment is breached, Party A shall not pay according to the time limit stipulated in the contract. Party A shall pay Party B a penalty of % of the contract amount for each extension of the contract; however, the total amount of liquidated damages shall not exceed the percentage of the contract amount. If the extension time exceeds the day Party B has the right to terminate the contract. In addition to the liquidated damages agreed in the preceding paragraph, Party A may also request Party A to pay the total amount of the contract as compensation to Party A. If the contract continues to be performed, Party A shall, in addition to paying the above liquidated damages, pay in accordance with the amount stipulated in the contract, and Party B shall postpone the date of performance of this contract. If Party B chooses to terminate the contract, Party A shall pay Party B the price of the delivered hardware and the completed software; after Party A's payment, Party B shall deliver the paid hardware and software to Party A; Party A shall Use of accepted hardware and software in the future should still be used in accordance with the provisions of this contract.
3. The software clause breaches any party's obligations in respect of its software in accordance with the provisions of this contract, and the defaulting party shall pay liquidated damages according to the price of the software.
4. Any party that breaches the breach of confidentiality violates its confidentiality obligations as stipulated in this contract. The defaulting party shall pay the liquidated damages according to the total price of the contract or the actual loss of the party affected by the loss, including the loss of profits; One party has the right to choose one of the above two methods to claim compensation from the other party. The payment of this liquidated damages and damages is independent of other breach of contract obligations.
5. In the event of default, the observant party shall notify the defaulting party in writing when the breaching party pays the liquidated damages, including the event of default, liquidated damages, time and manner of payment, etc. The defaulting party shall, after receiving the above notice, Answer the other party within days and pay liquidated damages. If the parties cannot reach a consensus on this, they will resolve the dispute between the two parties in accordance with the dispute settlement clause provided for in this contract, but neither party may take illegal measures or damage the project to impose liquidated damages.
Twelve, force majeure
1. Due to earthquakes, typhoons, floods, fires, wars, and other force majeure that cannot be foreseen and cannot be prevented or avoided due to their occurrence and consequences, directly affecting the performance of this contract or failing to perform in accordance with the contract, the party that has the above force majeure The party shall immediately notify the other party in writing and provide the above-mentioned details of the force majeure and the inability to perform the contract, or the part that cannot be performed, or the reasons for the extension of the performance and the valid supporting documents within fifteen days. This proof file shall be issued by a notary office where the force majeure takes place. According to the degree of its impact on the performance of the contract, the two parties negotiated whether to cancel the contract, or partially exempted from fulfilling the contractual obligations, or deferred performance of the contract.
2. The party affected by force majeure shall, as far as practicable, take reasonable actions to mitigate the effects of force majeure on the performance of this contract.
XIII. Entry into force, change and termination of the contract
1. This contract shall become effective after being signed by the representatives designated by both parties.
2. If any of the following circumstances occurs, either party has the right to terminate the contract, but must notify the other party in writing:
l A party enters bankruptcy, is dissolved, is closed down or restored according to law, or has entered the liquidation stage;
l The situation in which one party is insolvent;
l There is a contractual or statutory cancellation.
Except as otherwise provided in this contract and laws and regulations, any such party shall be deemed to be in breach of contract and the other party shall be entitled to investigate the party’s liability for breach of contract in accordance with the provisions of this contract.
3. This contract is terminated after the parties have fulfilled all the obligations of the contract, including the end of the warranty period of this information system and Party A's payment of the entire contract.
4. Once this contract is signed, neither party may change this contract without the consent of both parties; the subsidiary files listed in this contract and the files issued during the project implementation process, such as system design books and testing standards, are signed by both parties. After that, it is an integral part of this contract; any other written documents that are orally or not included in this contract or that are not based on this contract are not binding on both parties. If there is any change, supplement or modification in the performance of this contract, the parties will sign a separate written agreement.
XIV. Dispute resolution
1. If a dispute arises between the parties to the contract in the course of performance of this contract, the parties shall first settle the dispute through friendly negotiation. The settlement period of the friendly negotiation shall be the day after the dispute occurs; if the negotiation period is exceeded, the parties agree to press the following Ways to solve:
Arbitration: Arbitration to the Suzhou Arbitration Commission and arbitration in accordance with its arbitration rules.
Litigation: The lawsuit is brought to the people's court and is under the jurisdiction of the people's court of the place of residence.
2. In the event of any dispute, and the arbitration of any dispute or the filing of a suit in a people's court, the parties shall continue to perform other obligations under this contract in addition to the terms of the dispute or dispute.
Fifteen, notice
1. In order to enjoy the rights stipulated in this contract and to perform the obligations stipulated in this contract or to notify the other party of the breach of contract, the notifying party shall send the written notice to the notified party by registered mail or by express delivery. After the registered letter is sent for 3 days, it is deemed to have been delivered; if it is delivered by the person, it will be deemed to have been served after being signed by the person.
2, notification address
The address of the notice is the address on the first page of the contract. If one party wishes to change the notification address, it shall notify the other party in writing in advance.
Interpretation: The notice clause is a formal agreement to maintain contact, and the formal clause is necessary to ensure that the entity's rights and obligations are effectively implemented.
Subsidiary file 1
Hardware equipment: manufacturer, technical standards, specifications, quantities, prices, etc.
Delivery location:
Due time:
Subsidiary file 2
Software system: name, function, level, version, price
Delivery location:
Due time:
Subsidiary files 3. Milestone stage projects: name, content, completion time, testing standards,
Due time:
Delivery location:
for reference:
The first phase - task and target system design book, system and subsystem testing standard book: constitutes the subsidiary file of this contract. The test standard shall not be lower than the standards of the industry.
The second stage - tasks and objectives ......
Test and test cases
Phased delivery: business process plan, system design book, system and subsystem test standard book, software product review file, project plan, software requirements analysis file, software design file, software implementation and unit test file, integration and system test file Both parties reviewed, debugged and adjusted the above files.
Ways and methods of phased inspection
Subordinate file 4 Project team members:
Party A: Party B members:
Name: Name:
Position: Position:
Responsible project: Responsible for the project:
Contact: Contact:
Name: Name:
Position: Position:
Responsible project: Responsible for the project:
Contact: Contact:
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