1. Does the client need to pay an agency fee when signing a contract with a third party privately?
After accepting the services of the broker, the principal shall pay remuneration to the broker if he uses the trading opportunities or media services provided by the broker to bypass the broker and directly conclude a contract.
Second, the main terms of the intermediary contract
1, the parties to the contract and the time and place of signing the contract.
The detailed names or names, addresses or residences of both parties shall be stated in the contract. Indicate the time and place of signing the contract.
2, the name of the intermediate project
In the intermediary contract relationship, the principal's main obligation is to report the contracting opportunity for the principal or provide the contracting media according to the instructions of the principal, so as to facilitate the principal to conclude a transaction with a third party. Therefore, the broker must understand the intention and purpose of the customer, that is, make clear what customers the customer wants the broker to introduce, and finally achieve what purpose. In the contract, the name of the intermediary project should reflect the purpose of the intermediary contract, and should be written concisely and accurately. For example, this clause in the business intermediary contract can be written as "purchasing special raw materials".
3. The content requirements of intermediary services
This clause is a more detailed and specific provision of the previous clause, which specifies the service content of brokers in detail. Whether buying goods or transferring technology, the entrusting party will have specific expectations and requirements on the quality, price, quantity and delivery date of goods, as well as the advanced and reliable technology, transfer fees and follow-up services. When signing the contract, the entrusting party must carefully consider the details of the intermediary matters and make them clear in the contract.
4. Relevant confidential matters and credit matters
In media intermediation, one or both parties may designate an intermediary in the contract, and the intermediary may not inform the other party of his name or business name, and the intermediary must fulfill this obligation of anonymity.
When the broker completes the intermediary activities for the client, he will know the business secrets related to the client, all kinds of information provided by the client, trading opportunities and the subsequent conclusion of the contract. If the broker introduces the customer's situation to the third party in detail and without omission, then the customer will be in an unfavorable or passive position in the negotiation with the third party, which the customer does not want to see. Therefore, in order to prevent this from happening, it should be stipulated in the contract that the broker is required to keep confidential, and the broker should be kind to it and stop it when introducing the situation to the third party. In order to prevent accidents, matters that need to be kept confidential can also be signed by both parties as annexes to the intermediary contract and properly kept.
5. Term of performance of the contract
Brokers' intermediary services cannot be extended indefinitely, so the time limit for brokers to complete intermediary matters should be clearly stipulated in the contract, from a certain day of a certain year to a certain day of a certain year. If the time limit is exceeded, the contract will naturally become invalid.
6. Burden and payment method of intermediary remuneration and expenses
The amount and calculation method of intermediary remuneration should be clearly stipulated in the contract. There are two ways to calculate the remuneration of the intermediary contract: one is to calculate according to a certain proportion according to the transaction amount between the entrusting party and the third party; The other is to pay a fixed amount of money in advance in the contract, which can be determined by both parties through consultation. The contract should clearly stipulate which expenses should be borne by which party. If the broker fails to facilitate the conclusion of the contract between the principal and the counterpart, he may not ask for payment of remuneration, but may ask the principal to pay the necessary expenses for engaging in intermediary activities. The client shall make compensation in the form of activity funds or service fees. Activity funds or labor costs are mostly paid in one lump sum, which is agreed in the contract in advance, and the way of installment or one-time payment is agreed. The payment method, time and place of remuneration and expenses should also be clearly stipulated in the contract.
7. Liability for breach of contract
In this clause, both parties can agree on the nature of breach of contract and the nature of liability for breach of contract, and can also agree on the amount of liquidated damages and compensation and their calculation methods.
8. Settlement of contract disputes.
It should be stipulated in the contract that if both parties fail to negotiate by themselves, they should choose to go to an arbitration institution for arbitration or go to court for litigation.
9. Other agreed matters
On the premise of not violating laws and social ethics, the parties may also agree on other terms agreed by both parties as needed.
Third, the principal's main obligations
1. obligation to pay intermediary remuneration. If the broker facilitates the establishment of the contract, the principal shall pay the remuneration as agreed. If a contract is not concluded, the client may refuse to pay the remuneration. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract.
2. Obligation to pay fees. If the broker fails to facilitate the conclusion of the contract, he may not ask for remuneration, but may ask the client to pay the expenses incurred in the intermediary activities.
According to the law, it can be known that whether the client needs to pay the agency fee when signing a contract with a third party privately depends on the actual situation. If a contract is signed by using trading opportunities or media services provided by an intermediary, an intermediary fee shall be paid.