Party A (headquarters): +++++ Decoration Engineering Limited Liability Company
Party B (Franchisee):
One, the general principles
1, Party A and Party B in the spirit of equality, voluntariness, mutual benefit, *** with the development of the principle of the further expansion of the market in order to better develop the decorative engineering business In order to further expand the market, better carry out the business of decoration engineering, after consultation on the matter of party B to join party A, reached *** knowledge and signed this agreement.
2, join the form: party A agreed to party B in the form of party A branch for business activities, branch name Branch.
3, branch registered address .
4, branch business scope .
Two, the franchise fee
1, Party B in the signing of this agreement to pay Party A ten thousand yuan (￥ 10,000) to join the fee, the expiration of this agreement or lifting the franchise fee is non-refundable;
2, Party A to Party B's management costs levied by the fixed management fee model, management fee of five million yuan (￥ 50,000) per year, the management fee from the signing of the agreement within 5 days to pay; the following year's management fees The management fee is paid within 5 days from the signing of this agreement; the next year's management fee should be paid before the date of signing the previous year's agreement, such as Party B overdue 10 days to pay the management fee, Party A has the right to unilaterally terminate the agreement and recover the qualification (including various qualification documents) and the company name, image use.
3, Party B in this agreement within 7 days of the date of signing to pay Party A credibility deposit of twenty thousand (￥ 20,000) yuan, after the expiration of the agreement is refunded, such as Party B in the course of business irregularities, lawlessness, and non-compliance with the industry's ethical behavior (including signing the contract is not a formal operation to the customer or the owner of the loss caused by the loss of the timely settlement of compensation; Party B in the custody of the owner, the customer's Project payment or deposit, deposit during the period of loss or absconding with the money), or other behavior on the ++++ decoration company to cause damage to the reputation, the head office has the right to confiscate its credibility of the deposit and all the related legal responsibility borne by the party B; the circumstances are serious, party A will confiscate the credibility of party B deposit will be turned over to the public security and judicial departments to deal with.
Three, Party A's rights and obligations:
1, Party A is responsible for Party B's business license, tax registration certificate, agency code certificate, the cost borne by Party B.
2, Party A authorizes Party B to engage in legal business activities in the name of Party A's branch to the outside world, and provide relevant qualification documents and certificates for the branch.
3, Party A is responsible for the annual review of the qualification certificate, safety production license and other qualifications necessary documents, annual review of the relevant costs borne by Party A; Party B is responsible for the annual review of its business license, tax registration certificate, the institutional code certificate and other documents, annual review of the cost borne by Party B.
4, such as Party B released untrue information, Party A has the right to criticize the person in charge, such as the situation is serious, can be fined, the standard of the fine is formulated separately. If a legal dispute arises, the responsibility is borne by Party B.
5, Party A is obliged to guide the business work of the partner (Party B), and put forward reasonable suggestions on the uniform placement of advertisements and personnel training.
Four, Party B's rights and obligations:
1, Party B serves as the person in charge of the branch, without violating the company's headquarters of the operating policy and the agreement has the right to operate and management of the branch, Party B can adjust the business activities according to their own circumstances, Party B in the business process must accept Party A's supervision and guidance;
2, Party B needs to be prepared for the normal operation of the required Various information: such as housing lease agreement, a copy of the real estate license certificate and other relevant documents.
3, Party B shall not transfer, lend, rent business license, tax registration certificate, institutional code certificate; at the same time, Party B shall not transfer the qualification certificate and its related documents to others or for other purposes. In case of violation, Party B shall compensate Party A for the relevant losses.
4, Party B must abide by the law, legal business, pay attention to Party A's image and reputation. Party A has the right to conduct random checks on Party B's operation, and Party A has the right to terminate the agreement if any of the following phenomena are found:
(1) Party B gives up the operation automatically in the middle of the process;
(2) Party B transfers the branch to a third party for operation without the permission of the headquarter
(3) In the process of the operation of Party B, Party B violates the relevant national and local laws and regulations, which results in the suspension of operation, revocation of licenses, or the suspension of licenses or the revocation of licenses by the relevant management departments. Suspension of operations, revocation of licenses or forced closure;
(4) Party B to take unfair competition affecting Party A and other franchisee operations, Party A will be based on the circumstances of whether to terminate the agreement;
(5) Party B maliciously damage the company's image and reputation.
(6) Party B and its employees, in addition to the normal operation and management needs, should comply with the confidentiality system developed by the headquarters, shall not be privately disclosed to a third party party or its site business secrets, otherwise, Party A will pursue responsibility and claim damages to Party B through legal channels.
Fifth, Party A and Party B cooperation projects
1, the two sides have a party can not be completed alone or the two sides based on customer resources and other reasons for cooperative business projects, the profit is divided into 5:5 cooperation, *** with the construction and management, *** with the assumption of profit and loss.
2, in order to be able to cooperate in business projects and Party B alone to distinguish between projects, the two sides should be carried out in specific projects to carry out cooperation in the necessary written form to further clarify the rights and obligations.
3, cooperation and settlement: (such as: party A to party B to transfer the project or party B to party A to transfer the project) a party to sign the contract to collect the relevant payments within 3 days after the agreed ratio to the partner to pay.
Sixth, the term of the agreement and lifting
1, this agreement is valid for one year, from January to January.
2, Party B due to mismanagement caused by the normal operation and the termination of this agreement, should be one month in advance in writing to apply to Party A, and the owner, the customer's business to the Party A delivery and confirmed by Party A, Party B shall cooperate with Party A for the revocation of business licenses and other relevant documents, transfer or change procedures, Party A shall be in the date of the completion of the revocation, transfer or change of the procedures for the above seven Within seven working days from the date of completion of the revocation, transfer or change of the above procedures, Party A shall return the credibility deposit to Party B. Party A shall have the right of priority in the transfer of Party B's business premises.
3, the expiration of the agreement to terminate the agreement when Party A to return the credibility of Party B to pay the deposit; need to renew the contract is signed in addition to the renewal of the agreement, the credibility of the deposit will not be refunded until the end of the franchise again and the complete delivery of the clear, Party A to return the credibility of Party B to the deposit.
Seven, on the management of the company's engineering department:
(1) Party A set up an engineering department at the headquarters and equipped with the appropriate project manager and construction personnel, Party B can choose Party A's existing construction personnel in accordance with Party A's subcontracting costs of engineering construction on the construction of the works undertaken by the construction and settlement of the project funds;
(2) If Party B will be the works contracted to other construction contractors, the contractor should have the legal qualifications, the contractor should have the legal qualifications. (2) If Party B contracts out its works to other construction contractors, such contractors shall have legal qualifications and be filed in the Engineering Department of Party A for the purpose of Party A's unified management, and the settlement of the subcontracting of the works shall be agreed between Party B and such contractors by Party B itself.
(3) If the client refuses to pay for the project, if the reason lies in the quality of construction, the responsibility shall be borne by the project manager in charge of construction; if the reason lies in the design aspect, the responsibility shall be borne by Party B.
VIII. Disclaimer: If this agreement can not be performed or can not be fully performed due to unforeseen and unavoidable factors such as floods, earthquakes, fires, pandemic diseases, changes in laws and government policies, Party A and Party B shall not be held liable for breach of contract, and Party A will return the credibility of Party B's deposits.
Nine, the change of circumstances: If in the process of contract performance, the two sides signed the contract when the situation has changed significantly, resulting in the contract can not be performed or the performance of the contract is meaningless, a party may be based on the legal establishment of the change of circumstances to propose amendments to the contract or terminate the cause.
X. Related Matters
1, A and B are not responsible for each other, either party alone against third-party debts, commitments, obligations and liabilities, A and B will not guarantee, not responsible for each other outside of this agreement, obligations, debts, or expenses and so on.
2, under the premise of the normal implementation of this Agreement, A and B are not responsible for each other's business results.
3, the franchise mode of this Agreement, allowing Party B to adopt the principle of independent accounting, independent operation. But Party B must have a sound financial system, according to the chapter tax. Shall not violate the relevant state laws and regulations, such as Party B appear tax evasion and other violations of the law, the legal responsibility borne by Party B.
4, in view of Party B is only in the name of Party A's branch to engage in business activities, Party A is not actually involved in its normal business activities. Therefore, Party B shall bear all the legal and civil liabilities in case of the following liabilities:
(1) Party B's liability for breach of contract due to contract disputes between Party B and its customers independently;
(2) Party B employs the staffs to pay wages and benefits, etc.
(3) Party B purchases materials on credit in the name of Party B's branch office;
(4) Party B rents office space, equipment, etc., in the name of Party B's branch office. (4) Expenses incurred by Party B for leasing office space and equipment in the name of the branch;
(5) Medical and labor insurance expenses incurred by Party B's employees due to accidents in the course of performing their duties;
(6) Any other expenses and liabilities incurred during the period of operating the franchised branch or legally liable to be borne;
(7) Any casualties or injuries incurred by Party B's construction personnel during the course of construction;
(8) The final payment of wages and benefits incurred by Party B in the name of the branch. In case of casualties during the construction process, the ultimate responsibility shall be borne by Party B. Party A shall not be liable for any legal and compensatory damages. Party A will not bear any legal and compensation responsibility.
XI, other agreements
(1) Party B in the event of disputes should be resolved independently and bear responsibility with the branch and its own assets. According to the form of joining this agreement, such as litigation, arbitration, Party B should be resolved on its own, while bearing all the relevant costs.
(2) this agreement by both sides of equal consultation, in writing and signed by both parties to supplement or modify. The supplemented or modified part has the same legal effect as this agreement.
(3) A and B parties to fulfill the agreement should be negotiated to resolve disputes arising from the negotiation, the two sides agreed to the people's court in the location of the Party to sue.
(4) This agreement shall enter into force on the date of signature and seal of the legal representative or authorized representative of each party, and this contract shall be signed in two copies with the same validity, and each party shall hold one copy.
Party A (headquarters) Signature: Party B (franchisee) Signature:
Representative: Representative:
Phone: Phone:
Address: Address:
Signing place: Signing time: