Software Development Commission (individual) Agreement

Software Development Commission (individual) Agreement

Author: Unknown Source: uml.org.cn

Change Record

Date	Modify chapter	Modify type *	Modify description	Modified	Version

* The modification types are dividedA-AddedM-ModifiedD-Deleted

Document No:

Project name:	Proposed: (Signature and date of the subcontract Project Team Leader)	Review: (signed by the Project Manager and dated) (Subcontract Manager signature and date)
	SQA ://	Approval: (signed by R & D Director and date)
Project code:	Recipient: (R & D Director, Project Manager, SQA, subcontract Manager)
Product Version:	Cc ://

Objective: To standardize contract terms of technical cooperation projects, safeguard the interests of the company and the project team, and lay a solid foundation for sub-contract tracking.

Background and remarks:

Definition:

Refer:

 

Software Development Commission agreement (individual)

Party A: (entrusting party)

Address:

Zip code:

Tel:

Party B: Beijing tianli software R & D center (developer)

Address: Shangdi Information Industry Base, Haidian District, Beijing

Zip code: 100085

Tel:

Owner:

Party A entrusts Party B and Party B accepts Party A's delegation to develop software products. The two parties reach the following agreement on cooperation:

ICooperation Mode

Party B customizes and develops software products according to Party A's requirements, and provides technical training to Party A. Party A shall pay Party B the cost.

IISoftware content requirements and acceptance criteria:

1. According to this contract, the software products that party a entrusts Party B to develop are:

2. General Design Principles:

3. The composition, functional requirements, and acceptance criteria of the software shall be subject to the software requirements specification confirmed by Party A (see appendix 1. (The Software Requirement Specification shall generally include the Functional Descriptions, acceptance criteria, Acceptance Period, acceptance methods, and product defects confirmation and remedy of the software, it can be increased or decreased according to the characteristics of the delegated project. For example, our detailed design has been completed. You only need to write the code by the contractor and do not need to describe the function at this time)

3.Progress:

Party B shall complete the work in accordance with the software development progress plan attached to this contract (see Appendix 2:

ThuPayment

1. The total cost of this project is RMB. Both parties agree to the payment method listed below

(1) Cash (2) Check (3) Other methods

2 payment term:

Party A shall pay Party B as follows on the premise that Party B completes the work progress and passes the acceptance according to the schedule stipulated in article 3 of this contract:

(1) % of the total contract amount in the next day, in Yuan;

(2) % of the total contract amount paid within the following day, in Yuan;

(3) % of the total contract amount paid within the following day, in Yuan;

(4) the last payment after the payment, namely % of the total amount, the amount of RMB.

3. Place of payment: both parties agree that the place of payment is

4. The above fees include all the fees that Party A shall pay to Party B. Party B shall bear the income tax and shall be withheld by Party.

V.Rights and obligations of both parties

1. If the system design is defective and the entire system fails to operate normally, Party A reserves the right to recover all input;

2. If some functions fail to run properly due to design defects, Party B shall solve the problem within the time required by Party A. If the problem cannot be solved on schedule and affects the normal use of Party A, Party A shall be entitled to deduct part of the cost;

3. The system design must fully comply with Party A's design requirements; otherwise, Party A has the right to refuse to pay the payment (see Appendix 1 for the design requirements );

4. Party B shall assist Party A in installation and debugging until Party A has passed the acceptance;

5. Party B shall be responsible for Party A's training and personnel names. The personnel trained by Party A shall be proficient in operations and be able to solve simple problems;

6. Party B shall complete all the work of this development project in person. Without Party A's written consent, Party B shall not delegate all or part of this project to any third party.

7. Party B shall make a plan for technical upgrade and function expansion of the system during delivery and use, and the expenses for upgrade and expansion shall be borne (or otherwise discussed );

8 system maintenance:

Solution 1: After the system is accepted and delivered for use, Party B shall be responsible for free repair for one month. Party B shall resolve emergencies in the system. Party B's personnel shall arrive at the site within the day/hour after Party A sends a written maintenance notice. Party B shall bear the losses caused by Party B's delay.

Solution 2: After the system is accepted and delivered for use, Party B shall be responsible for providing free maintenance of daily workload. Party B shall resolve emergencies in the system. Party B's personnel shall arrive at the site within the day/hour after Party A sends a written maintenance notice. Party B shall bear the losses caused by Party B's delay.

Sat.Intellectual property terms

1. Party A shall have intellectual property rights to the development results (including source code, system technical documents, software, and data) produced by this agreement. Without Party A's written consent, Party B shall not permit a third party to read, use, or copy data.

2. Party B shall ensure that its development achievements and the development process do not infringe the intellectual property rights of the third party. If a third party files a lawsuit on the grounds that the product infringes intellectual property rights, Party B shall resolve the problem at its own expense, and compensate Party A for the losses.

3. Party B is obligated to keep the content of this agreement and the product development process confidential. The confidentiality period starts from the date of signing the contract.

Year. The specific confidentiality obligations shall prevail in annex 3 to this Agreement.

VII.Supplement, change, and termination of the agreement

1. Supplement, change, and modification of the Agreement: if the existing content of this agreement needs to be supplemented, changed, or modified due to business development, both parties or either party shall propose suggestions and solutions for Supplement, change and modification. after both parties negotiate and reach a unified opinion, they shall confirm in writing, the appendixes to this Agreement shall be supplemented by signatures and seals by both parties, and shall have the same legal force as this agreement.

2 termination of the Agreement:

Solution 1: If either party requests to temporarily suspend or terminate the execution of this Agreement during the performance of this agreement, it shall submit in writing to the other party one month in advance, this can be implemented only after both parties reach an agreement.

Solution 2: In the course of performance of this agreement, if Party B fails to properly agree its obligations and seriously affects project development, Party A shall have the right to unilaterally terminate the contract and notify Party B in writing one day in advance.

8Liability for Breach

1 Party B shall complete the work progress on time according to the time listed in Appendix 1. If Party B delays the completion of the work, Party A shall have the right to deduct % of the total contract amount for each day of delay as liquidated damages. If the delay exceeds one day and affects the normal use of Party A, Party A has the right to unilaterally terminate the contract. Party B shall return the amount paid by Party A within the day of Party A's termination of the contract.

2. Party B shall ensure that the developed products meet the performance requirements stipulated in this agreement. If the product fails to meet the agreed functions and affects the normal use of Party, party A has the right to deduct development costs as appropriate (or as long as it cannot be used). If other losses are caused to Party A, Party B shall compensate.

3. If Party B terminates development without authorization, Party A has the right to terminate the contract. Party B shall return all the fees paid by Party A within the day after Party A sends a written notice. If any other losses are caused to Party A, Party B shall compensate.

4 If Party B transfers all or part of the project to a third party without the prior written consent of Party A, Party A shall have the right to immediately terminate the contract. Party B shall return the fees paid by Party A within the day after Party A sends a written notice, and shall pay Party a liquidated damages equivalent to % of the total contract amount.

5. After Party B accepts the work results submitted by Party B, Party A shall fulfill its payment obligations on time. If Party A delays payment without justified reasons, party B shall pay % of the amount delayed in part of the payment as liquidated damages.

9Jurisdiction:

Any dispute arising during the performance of this Contract shall be settled by both parties through negotiation. If the negotiation fails, both parties agree that the local court of Party A shall be governed.

10Others:

1. the Appendix to this contract is as follows:

Appendix 1: software requirements specification

Appendix 2: software development progress plan

Annex 3: confidentiality agreement

......

The appendixes of this contract have the same effect as the text.

2. This contract shall take effect as of the date of signature by both parties.

Party A: Party B: Beijing tianli software R & D center

(STAMP) (stamp)

Signature:

Date:

Signing location:

Appendix 1: Software Requirement Specification

(List product functions and acceptance criteria)

(List other products to be submitted and corresponding acceptance criteria. The product can include source code, design manual, user manual, online help, etc)

Appendix 2: software development schedule

(Project Division, pointing out the schedule of each part and corresponding human and material resources, so as to provide the total cost and project development time .)

(Milestone and milestone products and corresponding acceptance criteria are listed from the technical perspective .)

(Specify the Key Path)

1. Milestone settings

Milestone settings

Milestone time	Products to be submitted	Product requirements	Planned time for pass of review/test
	Project Plan
	Executable Products
	Test report
	Source code

(Note: It can be provided in the form of a table)

Set a Project Development Milestone here as a marker of the project progress.

Party A shall ensure that after receiving the products submitted by Party A, Party A shall arrange personnel for review and testing as quickly as possible, and notify Party B of the review results. If the products submitted by Party B do not comply with the standards agreed by both parties, Party B shall not enter the development work in the following stages, and Party B shall be fully responsible for the delay in the construction period.

Ii. project tracking

In order to allow Party A to have a good grasp of Party B's progress, Party B undertakes to send the weekly status report to Party A by email every Friday afternoon.

Weekly Status reports generally include:

Technical risks;

Defect statistics;

Number of lines of code added, modified, and deleted;

Planned, encoded, and approved code review modules;

Other indicators that indicate the software development status.