Model consulting service agreement

Whereas Party A (the entrusting party) needs to consult Party B (the consultant) on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Whereas Party B is willing to accept the entrustment of Party A and provide suggestions; In accordance with the provisions of the People's Republic of China (PRC) Technology Contract Law and other relevant laws and regulations, both parties have reached an agreement on the following terms through friendly negotiation and will abide by them jointly.

Article 1 Name of consulting project

1. 1 Name of technical consultation project of this contract: (name of technical consultation project involved in this contract)

1.2 The project name of the technical consultation contract should be concise and accurate, reflecting the technical and legal characteristics of the contract. The project name must be consistent with the content, and standardized expressions should be used as far as possible, such as the technical consultation contract dated _ _ _ _ _ _ _.

1.3 Both parties can discuss soft science research projects related to the coordinated development of science and technology, economy and society; Technical projects that promote scientific and technological progress and management modernization and improve economic and social benefits; Other professional and technical projects conclude technical consulting contracts.

Article 2 Contents, Forms and Requirements of Consultation

2. 1 The performance objective of this contract is not technical achievements, but a consulting report for the decision-making and selection of the entrusting party, that is, suggestions, opinions and schemes put forward by the consulting party on the scientific research, technical development, technical transformation, achievement promotion, engineering design, scientific and technological management and other scientific and technological projects of the entrusting party.

2.2 The consultant of this contract provides the client with consulting reports on specific technical projects, the contents of which are as follows:

(1) Feasibility demonstration: comprehensively analyze, calculate and evaluate the technological advancement and economic rationality of a specific economic and technological project to determine whether the project is successful or not and the possibility of development.

(2) Technology forecast: forecast and forecast the development trend of consulting technology projects, mainly to predict the development trend of new technologies, new equipment, new processes, new materials and new products, and the impact of the development of these technologies on the demand of some products.

(3) Special technical investigation: that is, according to the technical requirements of consulting technical projects, special information and data are collected through various means of investigation.

(4) Analysis and evaluation report: a comprehensive analysis and evaluation of the positive and negative impacts brought by the development of a certain technology to society.

2.3 The consulting report provided by the consultant to the client shall meet the following three conditions:

(1) A consulting report is a report or opinion that analyzes, demonstrates, evaluates, investigates and forecasts specific technical projects;

(2) submitted in the form of feasibility study, technical forecast, special technical investigation, analysis and evaluation report or opinion;

(3) It should reach the scientific and technological level agreed in the contract and have corresponding reference value for the entrusting party.

2.4 The Client and the Consultant agree that the consulting report submitted by the Consultant shall meet the following requirements: (The requirements of the consulting report shall be agreed by both parties)

2.5 "The consultation report meets the requirements agreed in the contract" in this contract only refers to the form and content of the consultation report and the acceptance method agreed in the contract, which cannot be expanded to ensure that the entrusting party can achieve ideal economic and social benefits according to the implementation of the consultation report.

Article 3 Time limit, place and method of performance

3. 1 The performance period of this contract refers to the specific time from the start of performance to the completion of performance. Both parties agree that their respective performance periods are as follows: (If the entrusting party submits relevant consulting materials and data to the consultant within _ _ days after the contract comes into effect; The consultant shall complete the consultation report and submit it to the entrusting party within _ _ _ days after the contract comes into effect. If the two parties have not agreed on the time limit for performance, the debtor may perform at any time, and the creditor may also request the other party to perform at any time, but the other party shall be given the necessary preparation time.

3.2 The place of performance of this contract may be agreed by both parties, at the place where the entrusting party is located, or at the place where the consulting party is located, or at other places agreed by both parties. If the agreement is not clear, it is presumed to be performed at the location of the consultant.

3.3 The way of performance of this contract can be agreed, and the consultant shall submit the feasibility study, technical forecast, special technical investigation and analysis and evaluation report to the entrusting party.

Article 4 Cooperation Matters of the Entrusting Party

4. 1 The cooperation of the entrusting party means that the entrusting party should provide necessary working conditions and technical background information. Carry out consulting work smoothly for consultants.

4.2 The matters that the entrusting party should cooperate with mainly include the following aspects:

(1) Clarify the consulting issues and provide technical background materials and related technologies and data to the consultants;

(2) according to the requirements of consultants, supplement relevant information and recover relevant information and data;

(3) There are obvious errors and defects in the technical data and data provided to the consultant, which should be revised and improved in time;

(4) Provide necessary working conditions for consultants to conduct investigation and demonstration.

4.3 Both parties agree that the Client shall provide the Consultant with the following consulting materials and data: (technical background information and relevant technologies and data that the Client shall provide).

4.4 Both parties agree that the Client shall provide the following working conditions for the Consultant: (Working conditions that the Client shall provide)

4.5 The above cooperation matters shall be clearly stipulated, and the specific time, content, quantity and method of providing information and working conditions shall be explained as far as possible.

Article 5 Confidentiality of technical information and materials

5. 1 If the contents of this contract involve national security and vital interests and need to be kept confidential, the scope, classification and duration of the confidential matters and the confidentiality obligations of all parties shall be clearly defined in the contract.

5.2 If the technical data and data provided by the entrusting party need to be kept confidential, the term of the scope of confidentiality shall be stipulated in the contract. If there is no agreement in the contract, the client shall not interfere with the quotation, publication and submission of the consultant.

Provided by a third party.

5.3 Both parties may agree that, regardless of whether this contract is modified, dissolved or terminated, the confidentiality provisions of this contract will remain valid without its restrictions, and each party shall continue to undertake the agreed confidentiality obligations.

Article 6 Acceptance and evaluation methods

6. 1 In view of the particularity of technical consultation contract acceptance, most of its results belong to the soft science category, which is intangible and operable to some extent, and its acceptance criteria cannot be measured by hard indicators. Both parties should conduct acceptance in strict accordance with the requirements agreed in the contract in the principle of being scientific, fair and realistic, and should not be too harsh or obviously unfair.

6.2 Both parties may stipulate in the contract the methods of acceptance or evaluation, review meeting and expert review of the consulting report and advice, or the entrusting party may unilaterally recognize it as acceptance. However, no matter what method is used for acceptance, the acceptance party shall issue a written acceptance certificate.

6.3 If both parties have not agreed on the acceptance or evaluation method in the contract, the evaluation shall be organized according to the actual general requirements of the contract.

Article 7 Remuneration and its payment method

7. 1 In the technical consultation contract, the funds for technical consultation are collectively referred to as remuneration, and both parties shall clearly agree on the amount of remuneration. In this contract, the client shall pay the consultant RMB yuan.

7.2 The payment method and term agreed by both parties are as follows: (lump sum payment or installment payment can be agreed, and the payment term can also be clearly agreed).

7.3 If the expenses of the necessary investigation, analysis, demonstration, test and determination activities of the consultant are not included in the contract remuneration, both parties may agree which party will pay, and the amount and method of payment.

Article 8 Liability for breach of contract

8. 1 If the client fails to provide necessary data and information as agreed in the contract, which affects the progress and quality of the consultant's work, the paid remuneration will not be recovered, and the unpaid remuneration will be paid in full.

8.2 If the Client fails to pay the remuneration as agreed in the contract, it shall make up the remuneration and pay liquidated damages or compensate for the losses.

8.3 If the entrusting party fails to provide the necessary data and materials as agreed in the contract, or fails to provide the data and materials in time as agreed in the contract, or the data and materials provided have serious defects, which affect the progress and quality of the work, it shall pay liquidated damages or fully compensate for the losses.

8.4 The Client fails to provide or supplement relevant technical materials, data and working conditions within two months, which makes the Consultant unable to carry out its work.