consultingagreement中英文对照

1、Consulting Agreement 中英文对照Effective the _ day of , 200_, the Company contracts for services ofthe Consultant, and the Consultant agrees to serve the Company, under the following terms and conditions:1. Scope of Work. The Consultant shall be responsible for (describe services desired) as requested an

2、d directed by the Company.2.3. Duration. This Agreement is valid for the period: (date) to (date).4.5. Compensation.6.7.a. Pegasus Technologies' standard hourly rate is $140 per hour for journeyman/senior level engineering work. This rate includes all normal office supplies and long-distance tel

3、ephone fees. In addition, third party expenses incurred for items such as parts, services, and pre-approved travel are billed at cost plus a 15% handling fee. Pegasus Technologies will provide twice-monthly invoices detailing the number of hours worked, the tasks undertaken, the amount due for such

4、services, and any third- party expenses incurred. Pegasus Technologies shall deliver all such invoices to the Company at the following address:b.c. (provide a mailing address)d. The Company shall pay each Consultant invoice no later than 30 days following the date of the invoice. Payments not made i

5、n a timely manner will be subject to an interest charge of % per month on the unpaid balance. Seriously overdue accounts will be subject to work stoppage until the account is made current or satisfactory payment arrangements have been made. Payment should be made in the form of a check payable in US

6、 dollars toP: egasus Technologies, Inc.e. 108 Pawnook Farm Road Lenoir City, TN 37771f. The Consultant acknowledges that it is an independent contractor and that it is not entitled to any benefits provided by the Company to its employees. Unless the parties mutually agree, the Consultant shall be re

7、sponsible at its own expense for all of its own office overhead and all secretarial and clerical support services.g.8. Conflict of Interest. The Consultant agrees to inform the Company of all the Consultant's interests, if any, which may be, or which the Consultant hasreason to believe may be, i

8、ncompatible with the interests of the Company or the Company's customers. In addition to the foregoing, the Consultant agrees not to make improper use of any information that comes to himself or his agents or representatives in the performance of services under this Agreement.9.10. Termination.

9、Either party may terminate this Agreement prior to the expiration date set forth in paragraph 2 above by giving the other thirty (30) days notice in writing, which notice shall specify the date upon which such termination becomes effective. In the event either party gives such notice, this Agreement

10、 shall terminate upon the date specified, and the parties hereto shall be released from any and all liability hereunder except such liability as, by the terms hereof, may be accrued prior to, or may extend beyond, such termination.11.12. Confidentiality. Either party to this Agreement may, in the co

11、urse of fulfilling its terms, need to disclose information to the other party that is proprietary or confidential. When such disclosure is undertaken, the following provisions apply:13.14.a. The term "Disclosing Party," as used in this Agreement, means the party providing Confidential Info

12、rmation. The "Receiving Party" is the party receiving the information.b.c. The term "Confidential Information," as used in this Agreement, means any oral, written, or documentary information or information that is stored by electronic means which (i) relates to this Agreement, (i

13、i) is received by one of the parties from the other, and, in the case of written information, (iii) is marked "Confidential," "Proprietary" or bears a marking of like import or which the Disclosing Party states in writing at the time of transmittal to, or receipt by, the Receivin

14、g Party is to be considered confidential. Orally disclosed information shall be considered confidential if identified as such at the time of disclosure and if followed up in writing within ten (ten) calendar days, with the information identified and marked as confidential.d.e. The term "Trade S

15、ecret", as used in this Agreement, means any oral, written, or documentary information or information that is stored by electronic means that: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other person

16、s who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.f.g. The "Confidential Information" and "Trade Secrets" do not include information that: (i) is already known to the

17、Receiving Party as evidenced by prior documentation thereof; or (ii) is or becomes publicly known through no wrongful act of the Receiving Party; or (iii) is rightfully received by the Receiving Party from a third party without restriction and without breach of this Agreement or any other Agreement;

18、 or (iv) is approved for release by written authorization of the Disclosing Party.h.i. The Receiving Party shall not disclose to others, or use for any purpose of its own, any Confidential Information, financial or business data, technical data, or other confidential or proprietary information obtai

19、ned from the Disclosing Party, or from an affiliated entity of the Disclosing Party, as a result of work done pursuant to this Agreement, or generated or developed in the performance of work under this Agreement. With respect to Trade Secrets, the Receiving Party agrees not to use for any purpose wh

20、atsoever or to disclose Trade Secrets at any time during or after the term of this Agreement or until such Trade Secrets lose their status as such by becoming generally available to the public by independent discovery, development, or publication. Furthermore, the Receiving Party will not display fo

21、r any purpose any drawing, letter, report, other document, or any copy or reproduction thereof belonging to or pertaining to the Disclosing Party, or to an affiliated entity of the Disclosing Party, unless such drawing, letter, report, or other document has been previously published by the Disclosin

22、g Party. Publication shall not include publication to an affiliated entity of the Disclosing Party. Upon termination of this Agreement, the Receiving Party agrees to return all Confidential Information to the Disclosing Party.j.k. The covenants regarding Confidential Information and Trade Secrets wi

23、ll apply to any Confidential Information or Trade Secrets disclosed to the Receiving Party by the Disclosing Party before or after the date of this Agreement.l.15. Intellectual Property Rights.16.17.a. The term "Protected Works", as used in this Agreement, includes any and all works of aut

24、horship, inventions, discoveries, processes, machines, manufactures, compositions of matter, formulas, techniques, computer programs, systems, software, source code, firmware, object code, hardware systems, mask works, trade secrets, proprietary information, schematics, flow charts, databases, custo

25、mer lists, marketing plans, product plans, business strategies, financial information, forecasts, trademarks, service marks, brand names, trade names, compilations, documents, data, notes, reports, findings, recommendations, designs, drawings, sketches, notebooks, ideas, concepts, technical data and

26、/or training materials, and improvements to or derivatives from any of the above, whether or not patentable, or subject to copyright or trademark or trade secret protection, delivered by the Consultant to the Company under this Agreement before or after the date of this Agreement, or conceived, deve

27、loped or produced by the Consultant, whether alone or jointly with others, in connection with or pursuant to the Consultant's performance under this Agreement, except as detailed in paragraph .b.c. The term "Protected Works", as used in this Agreement, shall not include the items liste

28、d below. These are and will remain the property of Pegasus Technologies even though they may be used in or made a part of the work performed under this Agreement:d.e.i. List. If none, write "None" here.ii. Listiii. Describe any licenses or other terms and arrangements that will govern the

29、use of these items in the work under this Agreement. iv.f. The term "Intellectual Property Rights", as used in this Agreement, includes all rights of inventorship and authorship, all rights in patents and patent applications, all copyrights, all trademark and service mark rights, all right

30、s in trade secret and proprietary information, all rights of attribution and integrity and other moral rights, and all other intellectual property rights of any type.g.h. The Consultant agrees that all Protected Works shall be deemed "work for hire" under the United States Copyright Act an

31、d owned exclusively by the Company. To the extent any Protected Work cannot be deemed work for hire, the Consultant agrees to assign and hereby does assign to the Company all right, title, and interest in and to all Protected Works and all Intellectual Property Rights in and to the Protected Works.

32、The Consultant agrees to execute any documents reasonably required by the Company to evidence the Company's exclusive ownership of the Protected Works, and all Intellectual Property rights therein, as contemplated by this Agreement.i.j. The parties (and all individuals representing either party

33、in a technical capacity under this Agreement) agree(s) to execute the Consultant's / Company's standard proprietary information agreement and to fully abide by all the terms of that agreement (copy attached).有效的日子,200_公司承包服务顾问,乙方同意服务公司,在下列条款和条件:工作的范围。乙方应负责描述服务要求得到和直接的公司。持续时间。本协议有效期期间:(日期)(日期

34、)。补偿。飞马技术的标准按小时收费是每小时为140 美元和高级程度的熟练但工程工作。这个速度包括所有正常办公用品和长途电话费用。此外,第三方费用部分,这类物品服务,并获得批准的旅行都是成本价+ 15%的代理费用。飞马技术进行了详细的twice-monthly 发票提供的小时数承担的任务工作,这些服务的款项,任何一方第三球 ,费用。飞马这些发票送技术公司,邮箱地址:提供我的电子邮件地址)公司应支付给每位顾问不迟于发票之日起30 天发票的。支付能力不能及时将根据一个的利息每个月%未付的余额上来算。严重过期的帐户将会被受停工,直到这个帐号已经被成为当今或满意的付款计划都安排好了。在应该支付支票的形式

35、美元 :飞马科技有限公司路 108 Pawnook 农场Lenoir 城市、TN 37771乙方承认,它是一种独立的承包商,不是享有福利企业给员工。除非双方同意,乙方应自费负责对所有的自己的办公管理费和所有的秘书事务和后勤支持服务。利益冲突。乙方同意通知本公司所有的顾问的利益,如果有的话,这可能是,或顾问有理由相信,不符合公司的利益或公司的客户提供服务。除了上述规定,乙方同意不会使任何信息的使用不当是自己或其代理人或代表在履行其在本协议项下的服务。终止。 终止本协议任何一方都可以在到期日之前上述第2 款所设定在向其他三十(30)天内,以书面形式通知应明确提前终止日期生效所。如果任何一方给出的通

36、知本协议终止协议,指定日期将被释放,双方在本协议项下的任何和所有的责任,责任除外条款的前,可以获得,也可以超越,这样的终止。保密。本协议任何一方的过程中,可以实现自己的条款,需要将资料给另一方造成的和机密的。当这些披露,下面进行规定:术语 “披露方 ”, 是指在本协议中使用党提供机密信息。“接收方 ”是党接收信息。术语 “机密信息 ”, 用于本协议,是指任何口头、书面或文献信息资源存储或信息,以电子方式(1)与本协议,(2)是一方收到从其他的,且若书面信息,(3)是被标明为“机密 ”、 “专利 ”或带有标记的,比如进口或另一方书面状态的时候,或者能够安全地收到,接受方是被视为机密的。口头信息披露保密应该被认为是认定为这样的页面信息披露制度、写下来后十(10)个日历日内鉴定和信息标记为保密。本法所称商业秘密,是指在本协议内,是指任何口头、书面或文献信息资源存储或信息 ,以电子方式中包括:(1)经济价值,实际或潜在,从一般不知道准确的,而不是被容易通过适当的方式,其他人员能获得经济价值从会计信息披露或使用;(二)的主题是合理的努力在这种情况下,以维持其保密。“机密信息 ”和 “商业秘密 ”不包括:(1)的信息已经知道的接受方佐证文件之地、前或(2)是通过没有公众所知或成接收方的不法行为,或(3)是有原因的接收