? In layman's terms: a contract is an agreement we sign to protect ourselves. We should not forget that there is a contract signed this step it. The intermediary contract is an important basis for the realization of the rights and obligations of both parties, with legal effect. When we sign the contract, we must understand the content of the contract. So, do you know what model contracts in our country? Considering your needs, I specially I "intermediary service fee agreement (general 5)", I hope it will help you in your work and life.
The intermediary service fee agreement (general 5) a? To (ID number: )
? I myself (ID number )
? Voluntarily entrusted to you on the undertaking of the construction of civil engineering construction project of the eighth bidding section of the Hechi to Baise Highway of Guangxi Zhuang Autonomous Region (subject to the actual signing of the construction contract for the contract section of the amount of work), here I myself irrevocable, unconditional, unchangeable discretionary attitude to you to make the following commitments:
? First, according to the "Chinese People's **** and the State Economic Contract Law" and related legal provisions, the principle of paid services to the intermediary, I personally undertake: in my own and the successful party signed the contract for the project contract, according to the intermediary contract agreed to pay the intermediary service fee to you, to cash in the way and time of the intermediary contract agreed to implement.
? Second, I pay the intermediary service fee, is your legitimate entitlement, you have full control and the right to use.
? Third, the conditions for the establishment of the payment of service fees: I signed the construction contract with the winning unit of the project shall prevail, I will sign the intermediary contract with you in accordance with the time agreed upon in the order of labor remuneration remitted to the bank account you specified; if overdue 1% per day to pay the late payment of liquidated damages.
? Fourth, I personally bear all legal responsibility for the source of funds for intermediary service fees, the beneficiary does not bear any responsibility.
? Fifth, I personally guarantee that the 'relevant materials, bank statements and other relevant documents provided by the real and effective, can be queried, can be verified; if due to false formalities and all the legal consequences caused by my own, and you have nothing to do.
? Sixth, this commitment by my signature, and in the formal construction contract signed with the project winner immediately after the entry into force; this commitment in my fulfillment of the intermediary contract period, can not be revoked, can not be changed, this commitment can be a substitute for the intermediary contract and has the same legal effect as the intermediary contract.
? Eight, I signed with the winning unit of the construction contract for the above project, such as the non-performance of this commitment, the beneficiary of the intermediary can recover all the intermediary service fees from me with this commitment, and may take legal or other means to recover from me, I will unconditionally waive all defenses and counterclaims.
? IX. If I do not sign the construction contract for the above project, this undertaking will automatically become invalid.
? X. This Irrevocable Commitment for Payment of Intermediary Service Fee shall be in triplicate, with one copy held by the Committed Party and two copies held by the Beneficiary of the Intermediary.
? XI, this commitment to fill in the blank hand part of the letter and print font has the same legal effect.
? I hereby undertake!
? Party B designated account number as follows:
? Beneficiary of the funds:
? Cardholder:
? Bank account opening:
? Bank Account Number:
? Committed party (signature, handprint):
? ID card number:
?20xx year month
Intermediary service fee agreement (General 5) Article 2? Your intermediary as an intermediary service party commissioned by my bank in the form of inter-bank time deposits to attract capital of RMB 1 billion in full (capitals: 10 billion yuan in full), deposited in the bank's Jining Branch sub-branch, and hereby entrusts your intermediary to assist in the provision of contracting opportunities. As the actual payer of the relevant service fees, my bank is now fully legally and economically responsible for signing this irrevocable intermediary service fee payment commitment, as follows:
? First, your intermediary cited deposit the form of funds on the date of success (Remarks: the bank owner actually signed the agreement with my bank and in accordance with the provisions of the agreement deposited into the relevant account of the receiving bank that is successful), and commitment to the amount of money per real 2% standard (after tax), the same day the same platform batch deposit batch settlement full cash to pay all the intermediary service fee.
? Remarks:
?1, the agreement related to this sum of money is signed directly between the relevant capital banker and the receiving bank as stipulated above, and the intermediary is only responsible for providing the contracting opportunity between the two parties.
?2. The basis for calculating the remuneration of all intermediaries involved in this agreement shall be the amount of the agreement actually signed between the banker and the receiving bank as stipulated above.
? Second, our bank guarantees that this payment undertaking issued is true, legal, valid and free of any fraudulent behavior. If not in accordance with the implementation of this commitment, my bank is willing to assume full legal and financial responsibility, as well as any other form of punishment. Your intermediary can with this letter of commitment to your local court to bring a lawsuit judgment, my bank will automatically waive all rights of defense.
? C. The intermediary service fee due to your intermediary, if required to be diverted, will be paid by separate remittance in accordance with the name and account provided by you (see the provisions below in this undertaking) and with the cooperation of the relevant work. With regard to the taxation of the intermediary service fee, our bank will pay the tax to the local tax authorities for you in accordance with the law.
? Fourth, if the bank owner and the receiving bank dispute to the uncoordinable, your intermediary does not bear any economic and legal responsibility (including joint and several liability).
? If our bank fails to pay your intermediary the intermediary service fee in full and on time after the financing is successfully completed, a late fee equivalent to 5% of the total amount of intermediary remuneration (capitalized: five ten millionths of a cent) shall be paid to the intermediary for every day of delay.
? VI. If the capital party introduced by our bank and your intermediary fails to complete the inter-bank deposit business at that time, and within 12 natural months thereafter, our bank and the capital party introduced by your intermediary negotiate directly and complete the deposit business (the deposit amount may be different from this undertaking), it is still considered that your intermediary has successfully introduced, and the intermediary still has to pay the intermediary service fee of the proportion agreed in this undertaking to your intermediary. If my bank does not pay, your intermediary can retain the right of recourse, my bank will automatically waive all rights of defense.
?XXX
?XX/XX/20xx
Intermediation Service Fee Agreement (General 5) Article 3? Party A:
? Party B:
? Party A and Party B, on the basis of equal consultation and mutual benefit, and in order to clarify the interests of all parties, reach the following agreement on Party B as the business referrer of Party A, i.e. _____:
? First, the promotion of business content:
? Second, the mode of service:
? Party B is responsible for introducing the business to Party A, and Party A is responsible for specific business negotiations. When the business contract is formally signed and Party A receives the payment for the business, it is regarded as the completion of the business recommendation provided by Party B.
? Third, the cost of services:
? Party B, as agreed in this Agreement, to assist Party A to complete the business, Party A is willing to pay Party B a total service fee of RMB _____ million whole (￥ _____ million whole), and transferred to the following account designated by Party B:
? Account number:
? Bank:
? Party A:
? Party B:
? Party A and Party B on the basis of equal consultation, mutual benefit, in order to clarify the interests of all parties, Party B as Party A's business promoter, that is, _____, reached the following agreement:
? First, the promotion of business content:
? Second, the mode of service:
? Party B is responsible for introducing the business to Party A, and Party A is responsible for specific business negotiations. When the business contract is formally signed and Party A receives the payment for the business, it is regarded as the completion of the business recommendation provided by Party B.
? Third, the cost of services:
? Party B, as agreed in this Agreement, to assist Party A to complete the business, Party A is willing to pay Party B a total service fee of RMB _____ million whole (￥ _____ million whole), and transferred to the following account designated by Party B:
? Account number:
? Bank:
intermediary service fee agreement (General 5) Article 4? Party A:
? Party B:
? Party A and Party B on the basis of equal consultation, mutual benefit, within the scope of Chongqing City, recommend Party A and _____ Group customers to sign a formal contract matters, carried out in cooperation between the two sides, reached the following agreement:
? First, the content of the promotion business:
? Introduce and enable Party A and _____ for equipment (computer) procurement.
? Second, the service mode:
? Recommend Party A to _____ Limited, by Party A in accordance with the requirements of _____ Group to produce a standardized service program, responsible for specific business negotiations, Party B to participate in the entire process of important business negotiations. Party A or a third party recognized by Party A in writing (the third party needs to be confirmed by _____ Group) and _____ Group of companies to sign a formal contract, the completion of Party B's work, the right to charge Party A in accordance with the agreement of this contract for the work of the cooperative agent.
? Third, the cost of services:
?1, Party B according to this agreement, to assist Party A to complete the business, Party A shall pay Party B according to this agreement, the agency work costs.
?2. Agency work fee standard: according to the agency work fee of a single station. The agency fee in accordance with Party A to the _____ group of companies actually sell computer equipment and other office equipment table data actual settlement.
?3. Payment method
? Party A calculates and pays in accordance with the payment schedule and payment ratio agreed in the formal procurement contract signed with _____ Limited combined with the total agency fee agreed in this contract.
? The above agency fee shall be transferred to the following account designated by Party B:
? Account name:
? Account number:
? Fourth, Party B shall issue a receipt to Party A.
? V. Entry into force and expiration of the agreement
? This agreement shall enter into force after it is signed by the legal representatives or authorized agents of Party A and Party B and sealed by the legal person. It will automatically expire after both parties fulfill their obligations under the agreement.
? Sixth, the agreement on the handling of disputes
? If there is any dispute over this agreement, you can file a lawsuit to the People's Court where Party B is located.
? Seven, this agreement is a _____ copy, Party A and Party B, each party to implement _____ copies, signed and sealed formally come into force, with the same legal effect.
? Party A:
? Party B:
intermediary service fee agreement (General 5) Article 5? Entrusted party (Party A):
? Entrusted party (Party B):
? Party A and Party B in the spirit of equality and voluntariness, mutual benefit and compensation, the principle of honesty and trustworthiness, according to the provisions of relevant Chinese laws and regulations, by friendly consensus, Party A to hire Party B to carry out consulting services, the relevant matters to reach the following terms to *** with the observance of the implementation:
? Article I Consulting Services
? Party A entrusts Party B to provide consulting services for Party A according to Party A's needs by utilizing its advantages in customer network, information channels, market operation, knowledge and experience of professionals.
? Article 2 Service Period
? The period of time for Party B to provide Party A with the services agreed in Article 1 of this contract shall be:
?November 1, 20xx to December 1, 20xx.
? Article 3 Rights and Obligations of A and B
? (I) Rights and obligations of Party A
?1. Party A has the right to inquire Party B about the progress of the work and the related contents, and has the right to expound the opinions and suggestions on specific issues;
?2. It has the right to consider, modify and make the final decision on the consulting service proposal or report provided by Party B;
?3. If the Party B's professional staff does not perform their duties according to the consulting service contract, they have the right to request the replacement of the Party B's professional staff. The right to request the replacement of Party B professionals, until the termination of the contract;
?4. Cooperate with Party B's work, provide Party B with relevant information, and to ensure that the information provided is true, accurate, complete and effective;
?5. Party A shall cooperate with the Party B on-site interviews, surveys and other matters, and to provide the relevant work to facilitate;
?6. Party A shall bear the obligation of confidentiality, and shall not provide any information to a third party without the permission of Party B, Party A shall not provide the information to a third party. Without Party B's permission, Party A shall not provide to third parties (including but not limited to disclosure, reproduction, etc.) any materials, documents, and information provided on Party B's website, and any information contained in the above materials, documents, and information;
?7. Payment of consulting service fees to Party B in accordance with the provisions of this contract.
? (B) the rights and obligations of Party B
?1. According to Party A's consulting services, Party B has the right to understand, including but not limited to Party A's financial, production, sales, investment, planning, major business decisions and other business management;
?2. Party B has the right to request Party A to provide the required information in the course of providing consulting services;
?3. Party B has the right to visit the site for interviews and surveys in the process of providing consulting services;
?4. Party B has the right to check and inquire about the issues raised by the third party in the process of providing consulting services in relation to the services;
?5. Party B shall follow the principles of honesty, diligence, and due diligence to provide consulting services for Party A as agreed in the contract within the scope of the current laws and policies of China;
?6.
?6. The form of service according to Party A's needs, Party B can provide Party A with written consulting services programs, recommendations, reports, information services, etc., but also for Party A to provide on-site consulting services and other forms of consulting services;
?7. Based on the agreement of this contract, the consulting service fees charged to the Party;
?8. Party B shall bear the obligation of confidentiality, without the permission of the Party, Party B shall not provide to a third party (or to the third party). Party B shall not provide (disclose) to third parties the materials and documents submitted by Party A for Party B's use, which Party B cannot obtain through other channels and have not yet entered the field of public **** information. However, Party B has the right to disclose them in accordance with the requirements of laws, regulations, authorized authorities or regulatory departments, and also has the right to disclose them to the head office of China Construction Bank Corporation and its branches.
? Article 4 Consulting Service Fee
? The cost of consulting services under this Contract shall be RMB Yuan (capitalized amount: RMB ). Party A shall pay the consulting service fee to Party B in accordance with the following (a):
? (i) Payment of the entire consulting service fee in one lump sum within 30 working days after the entry into force of this contract;
? (ii) Payment of $1,000 within 7 working days after the effective date of this contract, and the balance within 7 working days after the completion of the consulting services under this contract.
? The consulting service fee shall be paid to the following account of Party B:
? The account information of Party B is as follows:
? Account Name:
? Account Number:
? Bank:
? Article 5 Liability for breach of contract
? Party A does not pay the consulting service fee on time, Party B has the right to suspend the service, the adverse consequences arising from Party A; if Party A exceeds the agreed payment period of 10 days and still not paid, Party B has the right to terminate the contract, Party A shall be 50% of the unpaid amount of liquidated damages to Party B. If Party A fails to pay the fee, Party B has the right to terminate the contract.
? Article 6 Disclaimer
? Party B shall not be responsible if Party A is unable to receive or cannot normally receive written materials such as consulting service programs, suggestions, reports, information services, etc. sent by Party B due to reasons of Party A. Party B shall not be responsible for problems caused by reasons of changes in national policies or force majeure.
? Article VII contract effect and change
? (a) After the entry into force of this contract, in addition to the two sides separately agreed and reached a written agreement or otherwise agreed in this contract or the reasons provided by law, no party shall unilaterally terminate this contract;
? (ii) the changes in this contract, unless otherwise agreed by both parties, are required to both **** with the agreement and written agreement;
? (C) this contract is not yet complete, by the two sides separate consultation and agreement, you can sign a supplementary agreement. Supplementary agreement is a valid part of this contract, and this contract has the same legal effect. If the agreement of the supplementary agreement is inconsistent with this contract, the supplementary agreement shall prevail.
? Article 8 Declaration Clause
? (a) A and B have read all the terms of this contract, the meaning of the terms of this contract and the corresponding legal consequences have all known and fully understood;
? (B) Party B only from a professional point of view to provide relevant advice or consulting to Party A, to provide all the information is only for Party A's reference; Party A on the consulting services provided by Party B to provide advice on independent judgment, independent decision-making, and bear the resulting risks;
? (C) Party B provides Party A with consulting services related to financing recommendations or opinions, does not represent the financing commitment provided by Party B to Party A;
? Article 9 Dispute Handling
? Any dispute between the two parties in the course of fulfillment of this contract shall be resolved through friendly consultation. If there is no agreement in the consultation, it shall be settled in the following (one) way:
? (i) To the People's Court of Party B's domicile;
? (ii) submit to the Arbitration Commission (the place of arbitration is ), and arbitrate in accordance with the arbitration rules of the Commission in force at the time of the application for arbitration. The arbitration award shall be final and binding on both parties.
? During the period of litigation or arbitration, the provisions of this contract which do not relate to the disputed part shall still be performed.
? Article 10 Supplementary Provisions
?1. This contract shall enter into force after it is signed and sealed by Party A's legal representative (person in charge) or authorized agent and signed and sealed by Party B's person in charge or authorized agent.
?2. This contract in two copies, with the same legal effect.
? Party A: Party B:
? Responsible person (signature / seal) responsible person (signature / seal)
? Date: Year Month
? Date: Month day of year
?