2. Rights and Obligations of Party B:
2.1 Party B shall carry out the development and production of the website project based on the materials provided by Party A, and all the work shall be completed prior to the deadline.
2.2 Party B acknowledges and agrees that Party A shall the sole copyright holder to the website developed by Party B .But Party B shall not disclose any information provided by Party A, the development ideas, and any contents contained in the analysis report concerning the application system to any third party, otherwise, it shall constitute downright default of this agreement.
2.3 Party B shall modify the developed web pages and programs according to the feedback list confirmed by Party A.
2.4 Party B shall not have the right to make any changes in the original data and sample manuscript about the construction project provided by Party A without formal consent from Party B. Party B shall also keep anything confidential for the construction web pages provided by Party A ,until and unless Party A otherwise declared .
2.5 Party B shall have the full ownership to all the payments payable by Party A under this agreement .If Party A fails to make payment within 10 workdays of the deadline , Party B shall have the right to terminate this agreement at its own discretion .
2.6 Party B shall be responsible for reliability and stability of the virtual server’s information platform .If Party A is not served by the virtual server provided by Party B, the above-mentioned provisions shall not applicable .
2.7 Any errors or mistakes shall be corrected by Party B in a timely manner during the maintenance of the website.
2.8 Party B shall assign appropriate software developers and maintainers to assist Party A in the management of the system developed by Party B.
2.9 Party B shall not disclose in any way Party A’s business data and any other information to any third party.
2.10 Party B shall responsible for the training of Party A’s management personnel in operating the management system.
2.11 Party B shall have the obligations to provide services for the extension of the originally developed project.
2.12 Party B shall be responsible for the security, reliability and stability of the developed operating platform .In the event of failure to provide regular services to Party A because of malfunction of its own equipment, Party B shall immediately take corrective measures in order to restore its smooth function .If Party A is not served by the virtual server provided by Party B, the above-mentioned provisions shall not applicable.
2.13 If Party B finds that the information on the internet provided by Party A does not meet the requirements of state policies, it shall have the right to require Party A to take corrective measures or even suspend its links with Party B. If Party A is not served by the virtual server provided by Party B, the above-mentioned provisions shall not applicable.
2.14 Party B provides the first years of free maintenance, but the website maintenance for the first year does not include modification and re-design of the website and the development of the system’s new functions.
Ⅱ.Deadline for the website construction and the Functions: Party B shall complete the development and production of the website project within working days after receiving the materials provided by Party A. If the delayed delivery of the developed system is due to inadequate supply of any necessary materials, Party B shall be free of any responsibility arising from . Party B shall only provide internet access for the developed website upon all the amounts being paid.
Ⅲ.Total Payments and Terms of Payment :
1.The total amounts payable by Party A under this agreement is RMB yuan
(IN WORDS: RMB thousand hundred yuan).
2. Upon the signing of this agreement, Party A shall make an advance payment for the template design of the website, accounting for % of the total payment, amounting to yuan.
(IN WORDS :RMB thousand hundred yuan ).
Upon the confirmation and acceptance of the template design of the website to be developed ,Party A shall make a further payment accounting for % of the total payment, amounting to yuan.
(IN WORDS: RMB thousand hundred yuan ).Only then can start the development of the programs.
Upon the completion and acceptance of the website development and production ,
Party A shall make a further payment accounting for % of the total payment, amounting to yuan.
(IN WORDS: RMB thousand hundred yuan ).Only then can upload the website .
3. Domain name registration:
Virtual server (size of the space):
4. Supplementary notes and descriptions:
Ⅳ.Acceptance Process and Standards and Follow-ups :
1. Acceptance Process: When the system is completed and posted to the server ,Party B shall immediately notify Party A through one or more forms of telephone ,email ,fax and text message .
2. Acceptance Standards: The homepage shall be free of errors and mistakes in spelling and photos (in line with the data provided by Party A ),and compatible with the overall functions and design style of the website .The reliability and stability of database operation shall be secured ,and the developed system can function smoothly .
3. Acceptance Date: Party A shall immediately make arrangements for the website acceptance .And if Party A has no objection to the quality of the website and the functional systems; it shall complete the acceptance process within 5 working days of the notification.
4. Formal Acceptance :When the developed project has been inspected and accepted , Party A shall confirm its acceptance in written or other form .And it shall be deemed as accepted if no written modification suggestions submitted by Party A .
5. If Party A requires Party B to make any changes in the functions and web pages after the developed system being accepted and posted, Party B shall complete the modifications within one month of notification provided that these modifications do not have adverse effect on the website style and the development of additional function modules.
Ⅴ.Default and Dispute Resolution :
1. Once this agreement enters into force, the two parties shall cooperate on the schedule and system analysis acceptable to them .Failure to take appropriate actions under this agreement constitutes downright default of this agreement.
2. This agreement and attached appendices are confidential information belonging to the two parties, and shall not be disclosed to any third party.
3. The data related to the system provided by Party A ,and the analysis report on the system , the website copyright and other intellectual property rights arising from the development and production by Party B of this system shall be under the sole ownership of Party A ,and shall not be disclosed to any third party without Party’s consent ,otherwise ,it shall constitute downright default of this agreement .
4. Obligations in the Event of Downright Default: The defaulting party shall make a payment to the non-defaulting party, which amounts to 30% of the total payments as default fine.
5. Any disputes arising from default or breach of this agreement shall be resolved through friendly consultation; if it cannot agrees with each other, the disputes shall be submitted to the Arbitration Committee of Guangzhou for arbitration.
Ⅵ.Force Majored :
If the development and production of the website project is disrupted by natural disaster or other factors beyond control, no party shall take any responsibility arising from it .When the working conditions are restored, the two parties may make changes in the provisions of this agreement.
Ⅶ.Appendices :
1. Any matters that are not covered by this agreement shall be resolved through friendly consultation, and shall be explained in the appendices to this agreement.
2. This agreement is in duplicate, both of which shall have equal binding effects .Each of them shall be kept by both upon duly signing and sealing.
3. Any matters that are not covered by this agreement shall be described in the appendices to this agreement, and these appendices shall be integral part of this agreement and have the same binding effects as this agreement.
