Contract
Party A:
Party B:
According to the Contract Law of People’s Republic of China as well as other relevant laws and regulations, through friendly negotiation, Party A and Party B entrusted to undertake design, and reached the following agreement:
mitment
Party A entrusted Party B ______________________________________________ ____________________________________________________________________. Draft design period ___ working days
2.Design Fee
Total design fee: RMB
3.Payment:
a.Party A should pay 60% of total designing fee once signing the contract,
i.e RMB.
b.After confirming the designing schedule and style, and when in need of
adjusting on electric designs, Party A should pay 30% of total design fee,
i.e RMB
c.After fixing the complete designing schedule, Party A should pay the
balance of the design fee, i.e RMB, Party B should hand over the printing CD after receiving the balance of payment.
4.Period and means of delivery of the design plan.
a.Party B must complete the draft of design within the time agreed by the
two parties. If party B can not complete on time due to reduplicative changes from Party A, the delivery time can be put off. To ensure the smooth cooperation, Party A must confirm or make suggestion within three working days after receipt of the design from Party B, Party B should not exceed five working days to feedback the suggestion.
b.Party A should supply the necessary designing information within 20
working days after signing of the contract. As Party A (not supply complete information and so on) make the design delayed, if delayed time more than three months (subject to the date of contract), Party A should pay the balance design fee, Party B will carry on making the design. If more than six months, this contract will automatically be terminated.
Party B will supply the original CD. If Party A still need Party B to make the design, Party A should pay anther palette and design fee.
c.After the final confirmation of the design, Party B should supply the
colored prints and electronic documents.
d.Party A should bear the actual cost if needs the printing sampl
e.
5.Intellectual Property.
a.Before Party A pay off all the design fee, Party B own the copyright,
Party A can not use this design, and have no any right of this works.
b.Party A have the right to sign the Copyright Transfer Contract, to have
the proprietary rights, rights of use and alterations after paying off the payment. Copyright of design not used by Party A still belongs to Party B, Party A do not have any right for this.
c.After the final confirmation by Party A, if as the changes of Party A’s
company name or commodity name to change the design plan or have all different idea with the original plan, it should be as new plan, and Party
A should pay the balance fee, and sign new contract, Party
B will make
new design plan.
d.After paying off, Party B can not alter the design and give any other
company.
6.Responsibility and authority
a.Responsibility of Party A
(1)Party A should try their best to supply the information for this
design.
(2)Once finding the mistake, oversight or disagreement with the
contract, Party A should inform Party B in writing timely, and Party
B should make amendment in time.
(3)Party A should abide by the payment terms in the contract.
(4)Party A should make the confirmation for all the documents and
things that need confirmed timely.
(5)Party A have the right to give a suggestion for Party B’s design and
make the works accords with the enterprise culture.
b.Responsibility of Party B
(1)Party B must make the plan and creative design according to the
requirement in the contract made by Party A, and make full use of
specialized knowledge and experience, to supply first design and
service to Party A.
(2)Party B should supply all the design documents, making sizes and
designs of every period according to the all requirement of the
contract and appendix, and complete the design.
(3)Party B should make the design according to the things that
confirmed by Party A critically.
(4)Party B should make the design creation as the requirement of Party
A and supply the satisfied works.
7.Breach of Duty
a.Party A to terminate the contract before draft design completed, Party B
will not return the deposit. Party A to terminate the contract after the final design, they should pay all the fees.
b.Party B to terminate the contract without cause, to return all the fees to
Party A.