In our life, often through the intermediary to fulfill the goal, then, we can through the intermediary contract to clarify the responsibilities and obligations of both parties. The following is a "simple intermediary contract model generic version", which is only for reference, welcome to read.
Simple intermediary contract model generic version (a)Client: ______________________ (hereinafter referred to as Party A)
Intermediary: ______________________ (hereinafter referred to as Party B)
Based on the complementary advantages, mutually beneficial business purposes, in order to better develop the market, to Expand the economic and social benefits of enterprises, according to the "Chinese People's *** and State Contract Law", Party A and Party B on the basis of equality and voluntariness, fairness and honesty and credit, the principle of equal pay for equal work, by consensus, reached the following agreement:
I. Entrusted matters
1.1 Party B accepts the entrustment of Party A and is responsible for on the _________________________________________________________________________________ and ultimately facilitate ________________________________________________________.
1.2 "Successful intermediation" refers to the completion of all entrusted matters listed in this article. Party A did not win the bid, Party B only for Party A to provide information, or for Party A to provide liaison, assistance, matching and other services, are regarded as entrusted matters have not been completed.
II. Obligations of Party B
2.1 Party B must provide Party A with information about the _____________________ and is obliged to assist Party A in conducting site visits to the _____________________.
2.2 Party B undertakes that the aforesaid information provided by Party B to Party A about the _____________________ is true and reliable. If the information provided by you is untrue, you shall not be entitled to the remuneration for the mediation.
2.3 Party B shall guarantee that the _____________________ is true and reliable, the funds are in place and all kinds of construction procedures are complete. Otherwise, it shall be deemed that the information provided by Party B is untrue, and shall be executed in accordance with paragraph 2 of Article 2 of this contract.
2.4 Party B, during Party A's participation in the bidding period, shall fulfill its duty of prudence and honesty as an intermediary and assist Party A in the preparation of the bid. If the bid can be won and construction contract is reached, then in the process of Party A's construction, Party B is still obliged to be responsible for coordinating the relationship between Party A and the construction unit.
Third, Party A's obligations
3.1 Party A is responsible for providing qualification certificates, business licenses and other relevant information; responsible for the preparation of the tender.
3.2 If the intermediation is successful, Party A will fully fulfill the professional construction contract signed with the construction unit. Party A's rights and obligations arising from the fulfillment of the construction contract have nothing to do with Party B.
3.3 If the intermediation is successful, Party A shall pay Party B the remuneration for intermediation as agreed in this contract.
4. Calculation Method, Payment Time and Payment Method of the Intermediation Remuneration
4.1 The intermediation remuneration for this project is ____________________.
4.2 After the success of the intermediary, with the progress of the construction unit disbursement of construction funds to pay the intermediary remuneration.
4.3 Party A may pay by transfer or cash.
Fifth, the intermediary activity costs
The intermediary activity costs refers to the Party B for the completion of the entrusted matters of the actual expenditure of the necessary costs and labor costs. Regardless of whether Party B completes the entrusted matters included in this contract, Party B agrees to bear all the costs of intermediary activities.
Sixth, confidentiality matters
6.1 A and B shall fully conserve the commercial secrets involved in this agreement.
6.2 Party B shall not do anything unfavorable to Party A based on Party A's commercial secrets obtained in the course of intermediation, or Party A shall have the right to refuse to pay Party B's remuneration for intermediation.
VII. Termination of Contract
7.1 After the signing of this Contract, if Party B still fails to complete the intermediation task on _____, this Contract will be automatically terminated.
7.2 If the intermediation is successful, this Contract will be terminated after complete fulfillment.
7.3 This contract will be terminated if Party A and Party B agree to terminate the contract or there are other statutory matters.
VIII. Dispute Resolution
If there is a dispute over the contract, the two sides will negotiate to resolve it; if the negotiation fails, the two sides agree to submit to the arbitration committee of the place where the contract is signed.
Nine, other matters
9.1 Party B shall not be entrusted with this contract.
9.2 This contract in duplicate, each party holds a copy, with equal legal effect. This contract shall enter into force after both parties sign and seal it.
Client (signature): __________________ intermediary (signature): __________________
_________ year __________ month __________ day _________ year __________ month __________ day
Simple Intermediary Contract Model General (II)Client: ______________________ (hereinafter referred to as Party A)
Legal representative: __________________
Correspondence address: ____________________
Postal code. : ____________________
Contact: ____________________
Trustee: ______________________ (hereinafter referred to as Party B)
Legal representative: __________________
< p> Correspondence address: ____________________Zip code: ____________________
Contact: ____________________
According to the provisions of the relevant laws and regulations of the People's Republic of China*** and the State, in the spirit of equality, voluntariness, good faith, Mutual benefit principle, the two sides after friendly consultation, Party A entrusted Party B to carry out capital investment intermediary related matters, to reach this agreement, and to ensure that seriously comply with and fully fulfill.
Article A statement
1, Party A is a legal person or other organizations established by law, with the signing and performance of this contract must have the civil rights and ability to act, can independently assume civil liability.
2. All the meanings expressed by Party A under this contract are true.
3. All documents, qualifications, statements and representations provided by Party A in connection with this Agreement are legal, true, accurate and complete.
Article 2 Declaration of Party B
1, Party B is a legal person or other organization established by law, with the civil rights and behavioral capacity necessary for the signing and performance of this contract, and is able to independently assume civil liability.
2, Party B under this contract all the meaning of the expression is true.
3. All documents, qualifications, statements and representations provided by Party B in connection with this Agreement are legal, true, accurate and complete.
Article 3 Entrustment
Party A would like to provide ______________________________________________________________________. In order to successfully implement this program, Party B is hereby entrusted:
During the term of entrustment, Party B introduces the introduction of investors for Party A, mediates and negotiates for Party A with the target enterprise and its shareholders, and assists in facilitating the signing of an investment contract between Party A and the target enterprise.
Article 4 Entrustment Period
From _______ _____ to _______ _____. If the financing goal is not accomplished beyond the above period or if the financing intermediary service is still needed, the two parties will sign another intermediary contract or extend the entrustment period of this contract in written form.
Article V Rights and Obligations
1, actively cooperate with Party B, for Party B's intermediary activities to provide the necessary assistance and cooperation.
2, according to the requirements of Party B, provide relevant information and documents.
3, the party and the target enterprise to provide all the documents and information to be confidential.
4, shall not be entrusted within the period and the expiration of the period of _____ private transactions with other parties introduced by the party B.
5, Party A has the right to request Party B to report the progress of the intermediary in a timely manner, and throughout the staff to participate in mediation and negotiation with the target enterprise and its shareholders.
Article 6 Rights and Obligations of Party B
1. Party B should try its best to complete the entrusted matters of Party A, fully communicate with the target enterprise in accordance with the conditions set forth by Party A, and report the processing situation to Party A in a timely and truthful manner, and provide Party A with services such as liaison, assistance, and facilitation, and facilitate Party A and the target enterprise to reach a cooperation agreement.
2, should ensure that the information provided for Party A has been verified in advance.
3, shall not provide false information, conceal important facts or malicious collusion with others to the detriment of Party A's interests.
4, the Party and the target enterprise to provide all the documents and information to be confidential.
5, to the Party and the target business secrets and other secrets to be kept confidential.
6, in accordance with the requirements of the Party to complete the task of intermediary, you can ask the Party to pay commission based on the agreement.
Article 7 Termination of entrusted matters
"Termination of entrusted matters" refers to the termination of cooperation between the two sides after the completion of all entrusted financing matters listed in Article 3 of this contract. If Party B only provides information for Party A, or provides Party A with services such as contacting, assisting, and summarizing, Party A and the cooperative party have not signed the contract, which is regarded as the entrusted matters have not been completed.
Article VIII Fees and Commissions
1, commission.
Commission refers to the remuneration due to Party B after the completion of the entrusted matters.
If Party B completes the financing matters, Party A pays Party B the commission in accordance with _____% of the amount of investment capital of each investor.
The commission is paid within _____ days after the investment money reaches our account.
If the commission is not completed or is not completed within the commission period, Party B shall not request the payment of commission.
2. The cost of intermediary activities.
The cost of intermediary activities refers to the actual costs necessary for Party B to complete the commissioned matters, Party B to complete the commissioned matters, the cost of intermediary activities borne by Party B.
The cost of intermediary activities is the actual costs necessary for Party B to complete the commissioned matters.
If the entrusted matters are not completed or not completed within the entrusted period not due to Party B's intention or negligence, Party B may request Party A to pay the necessary and reasonable costs of mediation activities. If Party B requests Party A to pay the above expenses, it should list them truthfully and issue relevant bills with reasonable explanations.
Party B shall not charge Party A any other fees (deposit, information fee, etc.) other than commission and intermediary activity fees.
Article IX Termination Conditions
Both parties may terminate this agreement by written negotiation.
Article X Liability for breach of contract
1, after the signing of this Agreement, A, B, either party unauthorized termination, shall be paid to the defaulting party default payment of RMB _____.
2, after the signing of this Agreement, A, B, either party unauthorized termination of the violation of confidentiality obligations, the abiding party may terminate this Agreement, and require the defaulting party to pay liquidated damages of RMB _____, the abiding party's actual loss is higher than the liquidated damages, you can ask the defaulting party to bear the actual loss.
3, in the agreed period of this agreement, party A and the target enterprise privately contracted, party B is still related to the requirement to obtain the agreed commission, and claim commission _____% of the liquidated damages.
4, Party A did not pay the commission as agreed, intermediary activity costs, each overdue day, Party B may be based on the commission _____% of the standard liquidated damages, overdue _____ days, Party B may terminate this agreement.
Article 11 Dispute Settlement
1, the disputes arising from the fulfillment of this contract shall be resolved through consultation between the two parties, and if the consultation fails to reach any of the parties, the two parties agree to submit to the jurisdiction of the court of the place of performance of the contract.
2, due to a party's default in the performance of this contract resulting in disputes, the defending party in order to resolve disputes arising from the notary fees, attorney's fees, insurance companies to issue security costs, translation costs, communication costs, travel costs, printing costs and other reasonable costs borne by the defaulting party. In the event of mutual default, if there is an order of performance, the party responsible for the first performance shall bear all the costs of dispute resolution; if there is no order of performance, the parties shall bear the costs of dispute resolution on their own.
Article 12 Other
1, this contract in duplicate, A and B each party. It will come into effect after signed and sealed by both parties.
2, once the contract comes into force, it is legally binding on both sides. Both sides by consensus can change the content of the contract or make additional provisions on the outstanding matters. Changes or additional provisions should be taken in writing, and the contract has the same effect.
3, the disputes under this agreement, by the A and B parties to resolve the friendly negotiation; consultation fails, according to the law to the People's Court of the domicile of the B party to sue.
Client (signature): __________________ intermediary (signature): __________________
_________ year __________ month __________ day _________ year __________ month __________ day