Data Entry And Maintenance Service Contract
Data entry and maintenance service contract
The demand side: it is a small, medium, large, weak, weak, weak, weak, weak, weak, weak, weak, weak, weak, weak, stable and prosperous country.
Supplier: the company is in the market.
I. definition
The definition in this contract applies to this contract.
whole
The provisions and all the annexes of the contract as well as the tender documents and supplier's tender documents of the buyer.
1.1 contract: Specifies the agreement between the buyer and the supplier on the contents of the tender.
Written
Contract.
1.2 the demand side: it is "the", "the", "the" and "the".
The 1.3 supplier: the company is the largest.
1.4 contract price: the total price payable by the buyer to the supplier after the supplier fully fulfilling its contractual obligations according to the contract.
1.5 service: according to the contract, the service provided to the demand side is the main contents of data collection, editing and maintenance of the "data collection, editing, and maintenance of"
1.6 service results: the supplier shall deliver data to the buyer and return to the buyer all the data collected and processed according to the contract as well as the data acquisition and processing software for the data carrier.
1.7 delivery: providing services and service results to the demand side under the contract.
1.8 days: calendar days.
Two, service contents, methods and requirements
2.1 scope of service: the supplier's scope of service is the collection of database data of the ","
verify
Classification, plation, plation proofreading, input, inspection and data update and maintenance.
2.2 service specifications and requirements
2.2.1 data content:
(1) data acquisition object: our country has now exported all products and related enterprises with export potential.
(2) collection of content: the basic information of the enterprise and the representative main product information of the enterprise, including:
(a) enterprise information: enterprise name, business management nature (manufacturer, trade company, production and trade concurrently), enterprise code (state quality and Technical Supervision Bureau), enterprise communication address, postal code, sales (export) name, post, contact phone, fax, electronic mail, enterprise URL, establishment time, employee number, registered capital, import and export business right, enterprise's export volume, business product, name of overseas office, name of parent company.
(b) product information: product name, product introduction, registered trademark, international certification (iso/ul/ce/gs/ansi/ieee/bsi/dni/itu/), exported area, model, annual supply volume, product picture.
(c) enterprise name, product name, enterprise communication address, postal code, contact telephone number and enterprise code data item are indispensable essential data.
2.2.2 data requirements:
(1) the number of warehousing data: the minimum amount of data that the supplier has to complete in the three year contract period is the gross domestic product.
(2) quality requirements for warehousing data:
(a) the required data integrity rate is 100%; other data items integrity rate is >50%;
(b) the random sampling error rate of the incoming data must meet the following requirements: the data error rate of the requisite data is <5%; the error rate of other data items is <10%; and the error of the text is < 5/10000.
(3) data warehousing time requirement: the supplier shall promptly classify, plate and record the export data registration form within 7 days after receiving the export data registration form.
2.2.3 database text:
(1) the data in the database are two in Chinese and English.
(2) the English name of an enterprise should be plated into English according to its registration in the administrative department for Industry and commerce.
Enterprises can not provide English names, and plate them according to the principle of "first standard" and "post professional".
(3) English plation error <1%;
2.2.4 data and information maintenance:
(1) database data must reflect the latest information on export commodities, with a renewal period of 12 months.
All export data must be checked and updated at least once every 12 months to ensure that the export product data in the database is always the latest version of the dynamic data.
Each data should be checked and updated.
(2) the supplier must complete the classification, plation and entry of the new data within 7 days after receiving the updated data.
Data maintenance starts from data storage and maintenance period is 3 years from the date of entry into force.
(3) maintain and update data by e-mail, telephone, fax, letter and so on.
2.2.5 product information registration form
(1) the first entry data should have a corresponding product information registration form with the official seal of the enterprise, and the data should be matched with the form one by one, and the original registration form should be filed for reference.
(2) the supplier is responsible for the printing of the product information registration form and assumes the printing cost. The content, format and printing quality of the printed product information registration form must meet the requirements of the buyer, and the supplier can not alter it without the consent of the buyer.
(3) the supplier shall issue the registration form of product information in accordance with the collection direction required by the buyer.
Three, contract duration and implementation progress
3.1 term of contract: the period of service of this contract shall be from the date of signing the contract into force.
3.2 implementation progress:
The data requirements for 3.2.1 warehousing are: 1.
Within 6 months after the entry into force of the 3.2.2 contract, the amount of export goods data warehousing is >6 million.
In the 1 years after the entry into force of the 3.2.3 contract, the amount of export goods data warehousing is >20 million.
In the 2 years after the entry into force of the 3.2.4 contract, the amount of export goods data warehousing is >100 million.
In the 3 years after the entry into force of the 3.2.5 contract, the amount of export goods data warehousing is >120 million, and the number of enterprises is >50 10000.
Four. Transfer and subcontract
Transfer and subcontracting procedures
4.1 through the written consent of the buyer, the supplier may partly pfer and subcontract the contractual obligations that he should fulfill, but the assignment and subcontract can not relieve the supplier from fulfilling the responsibility and obligation of the contract.
4.2 the supplier shall enter into force on all subcontracts signed by the supplier after examination and approval by the buyer.
4.3 when the supplier subcontracts with the third party, it must specify in the contract the fact that the supplier and the buyer sign the contract through tendering and bidding. The third party who accepts the subcontract must commit jointly and severally with the supplier in the subcontract.
Five. Quality assurance
5.1 supplier liability
5.1.1 in order to ensure the quality of the contract, the supplier must fulfill the promise of the tender documents, ensure the data collection, verification, plation, classification, entry and maintenance procedures and work quality.
5.1.2 the supplier shall fulfill the commitment of the tender documents, establish and improve the internal quality assurance system of the system, and provide relevant documents to the buyer and accept the inspection of the buyer.
5.1.3 the supplier shall fulfill the promise of the tender documents, ensure the quantity and quality of the personnel in the project implementation team, fulfill the requirements of the contract, and accept the inspection of the buyer at any time.
When the project team changes, the buyer should be informed in time.
5.1.4 the supplier shall fulfill the commitment of the tender documents, configure the necessary software and hardware equipment, and 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 particularity of the nature of the service, the supplier will continuously adjust the services provided in accordance with the functional requirements stipulated in the contract so as to achieve the purpose of optimization and accept the guidance of the buyer in the data collection method.
5.2 monitoring of contracts
5.2.1 contract monitoring
5.2.2 the monitoring authority of the contract execution of the project belongs to the buyer.
5.2.3 during the same period, the buyer has the right to monitor the quality and progress of the contract in any way at any time.
5.2.4 has the right to conduct random sampling of the following contents at any time:
(1) whether data entry is consistent with the original data registration form.
(2) the amount of data entered is consistent with the number of data registers.
(3) data entry progress;
(4) accuracy of warehousing data;
(5) whether data is updated in time.
5.2.5 the supplier shall actively cooperate with the sampling inspection of the buyer, and refuse to check or cheat in the inspection for any reason.
5.2.6 if the first sampling inspection is not qualified, the buyer will make a re sampling within 10 days. If the re inspection fails, the buyer shall have the right to investigate the supplier's liability for breach of contract in accordance with the relevant provisions.
Six. Contract documents and information
6.1 technical data
6.1.1 supplier must submit relevant technical information to the buyer when presenting the service and service results under this contract to the buyer.
Seven. Acceptance
7.1 contents and methods of acceptance
7.1.1 after completion of the corresponding work, the supplier shall notify the buyer of the acceptance according to the time limit set forth in this article, and the buyer and its agencies shall be responsible for the acceptance of the contents of the contract.
7.1.2 first acceptance: 3 months after the entry into force of the contract.
The content of acceptance is the progress of data collection, plation and entry.
Before acceptance, the supplier shall submit the following documents to the buyer in advance:
(1) specifications for hardware and staffing;
(2) detailed description of data acquisition channels, methods and data verification methods and procedures;
(3) data classification methods and Implementation Rules for classification operation;
(4) detailed explanation of the methods and procedures for data plation proofreading;
(5) data entry method, program and input data verification method and program description;
(6) other documents and materials deemed necessary by the supplier.
The contents of 7.1.3's second to fifth acceptance are:
(1) does the quantity of goods exported to the warehouse meet the contract requirements?
(2) whether the quality of the warehousing data meets the requirements of the contract;
(3) whether data updating meets the requirements of the contract;
(4) the rationality of staffing and the scientificity and effectiveness of project management.
The second acceptance of 7.1.4 is 6 months after the entry into force of the contract.
Before acceptance, the supplier shall submit the following documents to the buyer 10 days in advance:
(1) the quantity and quality of data in the library;
(2) data collection channels, methods and data verification methods and procedures, supplemental instructions and purchased copyright lists and descriptions;
(3) implementation rules for data maintenance and update operation;
(4) detailed rules for the maintenance and management of hardware and system software;
(5) other documents and materials deemed necessary by the supplier.
The third acceptance of 7.1.5 is 1 years after the entry into force of the contract.
Before acceptance, the supplier shall submit the following documents to the buyer 10 days in advance:
(1) the quantity and quality of data in the library;
(2) data collection channels, methods and data verification methods and procedures, supplementation and copyright list and description of the purchase;
(3) data maintenance, update record and description within 1 years;
(4) project management statement in 1 years;
(5) other documents and materials deemed necessary by the buyer.
The fourth acceptance of 7.1.6 shall be 2 years after the entry into force of the contract. The supplier shall submit the following documents to the buyer 10 days in advance prior to acceptance.
(1) the quantity and quality of data in the library;
(2) data collection channels, methods and data verification methods and procedures, supplementation and copyright list and description of the purchase;
(3) data maintenance, update record and description within 2 years;
(4) project management statement in 2 years;
(5) other documents and materials deemed necessary by the supplier.
7.1.7 acceptance is 3 years after the entry into force of the contract.
Before acceptance, the supplier shall submit the following documents to the buyer 10 days in advance:
(1) the quantity and quality of data in the library;
(2) data collection channels, methods and data verification methods and procedures, supplementation and copyright list and description of the purchase;
(3) data maintenance, update record and description within 3 years;
(4) project management statement in 3 years;
(5) the supplier has passed ISO9001 certification.
(6) other documents and materials deemed necessary by the buyer.
Starting from the second acceptance, 7.1.8 will assess the quality management system of data acquisition and processing units, and make a sampling check on the archives preservation and data processing, and the key point is to check the data in the database.
The specific inspection plan is as follows:
(1) data check: on-site check database record and check with original data registration form;
(2) acceptance method: acceptance sampling method is adopted, and the concrete acceptance plan is determined by the buyer according to the statistical analysis principle.
7.1.9 for each inspection, if the first acceptance fails, the buyer will give the supplier 10 days to prepare the two reinspection. If the reinspection fails, the buyer will have the right to investigate the breach of contract.
Eight, contract price and payment method.
8.1 contract price
The total contract price of the 8.1.1 contract is RMB.
8.1.2 breakdown price is shown in Annex I.
8.2 payment method
8.2.1 contract price shall be paid in installments.
The payment for the first 4 contracts is calculated as follows: (the total amount of warehousing data that has been collected at the time of completion of each check - the amount of data that has been paid into the warehouse) * *, and the ratio is 70%.
After the first acceptance of the 8.2.2 contract 3 months after its entry into force, it will be paid for: 50% yuan, 70% yuan, and 10 million yuan.
8.2.3 payment after second months of acceptance after the entry into force of the contract: (at the time of completion of the inspection, the amount of data in the warehouse is 6 yuan, 50% yuan), 70%.
8.2.4 payment after third years of acceptance after 1 years of entry into force: (the amount of data in storage at the time of completion of the inspection - the amount of data that has been paid in) - * *, and the ratio is 70%.
8.2.5 payment after fourth years of acceptance after 2 years of entry into force: (the amount of data in storage at the time of completion of the inspection - the amount of data that has been paid in) - * *, and the ratio is 70%.
8.2.6 the fifth time, that is, when the contract is concluded, it will be paid after fifth years of acceptance after the 3 year's entry into force. (the total amount of the warehousing data that has been collected at the time of completion of the inspection - the amount of paid in storage data) * *, the amount of the total amount of warehousing data has been checked by the completion of the inspection. The total number of warehousing data has been calculated to be: 70%+, 8.2.6, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
8.3 maximum amount of contract payment
According to Appendix 1 of the contract, the total contract amount paid by the buyer in this contract shall not be higher than that in the contract.
8.4 payment time
Within 10 working days after acceptance.
Nine, liability for breach of contract
9.1 delay in payment and disposal
9.1.1 the supplier shall provide the buyer with the service and delivery service in accordance with the time limit stipulated in the contract.
9.1.2 in the course of performing the contract, if the supplier fails to provide services and deliver service results for any reason, the supplier shall, in writing, notify the buyer of the reasons for failing to deliver the goods on time and the delay time.
If the purchaser agrees to extend the contract, it may amend the contract and extend the delivery time as appropriate.
9.3 except for clause 11.1.1, if the supplier fails to complete the data storage in accordance with the time stipulated in the contract, the buyer shall have the right to deduct the default penalty from the corresponding payment.
Overdue liquidated damages shall be paid one percent of the contract price for each delay one day.
If the delay period exceeds 30 days, the buyer shall have the right to terminate the contract.
9.4 if the results of the first, second, third and four inspection are not qualified or the re examination results are not qualified, the buyer shall have the right to impose a 5% penalty on the corresponding contract payment, and make a re acceptance or sampling inspection within 10 days.
If the test result is unqualified again, the buyer shall have the right to terminate this contract, and the unpaid contract price will no longer be paid.
9.5 if the reinspection fails to meet the requirements of the fifth inspection at the end of the 3 year contract, the buyer shall have the right to impose a fine of 5% of the corresponding contract payment for the supplier, and make a re inspection within 10 days.
If the test result is unqualified again, the buyer shall have the right to terminate this contract, and the unpaid contract price will no longer be paid.
Ten, intellectual property rights
10.1 intellectual property goes to the buyer.
10.1.1 intellectual property rights of the database, data, software and design are all owned by the buyer.
In order to fulfill the lawful copyright and intellectual property rights purchased under this contract, the ownership is owned by the buyer.
The supplier shall not use or provide to the third party in any way unauthorized use or provision of the data and information related to the database.
If the supplier violates the provisions of this article, the buyer shall have the right to terminate this contract and shall have the right to require the supplier to pay the penalty equivalent to 50% of the total contract price.
10.1.2 the supplier is responsible for compensation for all losses related to the intellectual property rights of the buyer due to the supplier's cause.
10.2 no disputes over intellectual property rights
10.2.1 no matter how the way the consumer operates or disseminate data in any medium, the supplier will ensure that the buyer will not be charged with any infringement of patents and intellectual property by any third party.
10.2.2 if any third party makes a claim for infringement, the supplier must negotiate with the third party and bear all legal liabilities and charges that may arise.
10.2.3 if the third party's infringement accusation is established and the buyer's loss is caused, the supplier must be responsible for compensation.
All expenses incurred by the 10.2.4 buyer in handling disputes with the third party's intellectual property rights, including but not limited to attorney fees and litigation costs, shall be borne by the supplier.
Eleven. Force majeure.
11.1 definition
11.1.1 the force majeure under this contract is an unforeseeable, unavoidable and insurmountable objective situation which prevents one party from fulfilling its contractual obligations, such as war, serious fire, floods, windstorms and earthquakes, and other accidents which are irresistible by mutual consent.
11.1.2 force majeure does not include incidents arising from negligence or intentional acts committed by 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 two parties of the supply and demand is prevented from performing the contract due to force majeure, the time limit for performance of the contract shall be extended.
The extension should be equivalent to the time affected by the accident.
11.2.2 a party affected by an accident shall notify the other party as soon as possible after the occurrence of an accident of force majeure, and deliver the proof document issued by the relevant department to the other party within two weeks after the accident.
If the force majeure affects the duration of 120 days or more, the two parties through friendly negotiation reach an agreement that will continue to perform the contract or terminate this contract within a reasonable time.
11.2.3 the buyer reserves the right to unilaterally terminate and amend the contract when the force majeure causes a major change in the project.
Twelve, no competition clause
The supplier shall not make use of the service results obtained during the performance of this contract to carry out competitive activities in the project of "the", "and" the ".
If the supplier violates the provisions of this article, the buyer shall have the right to terminate this contract and shall have the right to require the supplier to pay the penalty equivalent to 50% of the total contract price.
Thirteen. Confidentiality provisions
The supplier shall be conservative in performing the commercial secrets and technical secrets that the buyer knows in this contract, and shall not divulge or use it unfairly.
Fourteen, taxes and fees
14.1 applicable tax law
The relevant tax laws apply to the tax involved in the performance of this contract.
14.2 taxes and fees
14.2.1 all taxes and charges relating to this contract imposed by the buyer on the basis of the existing tax law of the State shall be borne by the buyer.
14.2.2 all taxes and charges relating to this contract imposed by the supplier on the basis of the State Tax Law shall be borne by the supplier.
Fifteen. Termination of contract
15.1 breach of contract
15.1.1 if the supplier has any breach of any of the following conditions, the buyer shall have the right to issue a written notice to the supplier to terminate part or all of the contract, and the unpaid contract price shall no longer be paid:
(1) the supplier fails to provide the services and services that should be provided within the time limit stipulated by the contract or agreed upon by the buyer.
(2) if the supplier fails to fulfill other obligations stipulated in the contract and fails to rectify the fault within 30 days after receiving the notice of breach of contract sent by the buyer or through the written consent of the buyer.
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 the third party to complete the termination of the contract or part of the contract according to the conditions and methods which he considers appropriate.
The supplier shall be responsible for the additional expenses incurred by the buyer.
If part of the contract is terminated, the supplier shall continue to carry out the part which has not been terminated in the contract.
15.1.3 the situation mentioned in the preceding paragraph does not affect the claim of the supplier in question.
15.2 bankruptcy termination of contract
If the supplier is bankrupt or because of the deterioration of the operating condition and the significant change of the project team, the loss party may lose the ability to perform at any time, and the buyer may notify the supplier in writing at any time to terminate the contract.
The termination of the contract shall not prejudice or affect the right of the buyer to take or to take remedial measures.
15.3 contract expires
After the expiration of the contract, the pfer of documents related to the project to the buyer is part of the supplier's performance of the contract, and the supplier shall ensure that the complete information is pferred to the buyer.
The document includes not only the registration form of product information, but also the management regulations, supervision records and purchase information related to this project.
Sixteen. Claim
16.1 claims
16.1.1 if the buyer's inspection finds that the supplier's service and service results are not in conformity with the contract requirements, including potential defects, the buyer shall have the right to make a request for time limit improvement to the supplier, and the right to make a claim to the supplier.
16.1.2 if the supplier fails to implement effective measures within the time limit proposed by the buyer, the buyer may take the necessary remedial measures on his own and the additional costs and risks will be borne by the supplier.
Seventeen. Unit of measurement
17.1 national statutory measurement
17.1.1 except for otherwise specified in this contract, the unit of measurement in the contract shall use the national legal unit of measurement.
Eighteen. Notification and contract modification
18.1 notice
Any notice of this contract to the other party shall be sent to the other party in written form (letter or fax).
18.2 amendment
Any modification to the terms of the contract shall be effective by signing the written contract between the supplier and the buyer.
Nineteen. Settlement of disputes
19.1 friendly solution
If the supplier and the buyer have any dispute in performing the contract, they should try their best to resolve it through friendly negotiation.
19.2 arbitration
19.2.1 when the supplier and the buyer are unable to resolve the dispute in the event of a friendly negotiation, the arbitration committee shall be referred to the Arbitration Commission in accordance with the law.
19.2.2 in the course of dispute resolution, other parts of the contract shall continue to be implemented except for the part affected by the dispute.
Twenty. The entry into force of the contract and others
Contract printing and entry into force
20.1 there are four copies of the contract. Each party holds two copies and has the same legal effect.
20.2 the contract shall come into force on the date of signing or sealing the contract signed by both parties.
20.3 if any reason is necessary to amend the contract, it shall be dealt with in accordance with the eighteenth clause of this contract.
Twenty-one. Other terms
21.1 the supplier undertakes to carry out the work described in this contract by adopting various symbols uniformly formulated by the buyer side, and the production cost shall be borne by the supplier.
21.2 in order to ensure the supplier's on-time work, the buyer will urge the data synthesis unit to provide the data entry interface and database management procedures to meet the supplier's needs on time.
The supplier (Gai Zhang): the demand side (Gai Zhang)
The representative (signature): the representative (signature) of the Chinese delegation:
This is the year of the year.
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