ContractNo.: _ _
This contract was signed by the entrusting consultant (name of entrusting consultant, hereinafter referred to as the entrusting party) and the international consulting company (hereinafter referred to as the consulting company) on.
In view of the customer's interest in consulting services from consultants to complete the project, and the consultants have indicated to the owner that they have the professional technology, personnel and technical resources needed to carry out the services and agreed to provide the services, both parties hereby agree to sign this contract according to the following terms:
1. Definition
Unless otherwise specified in the contract, the following terms in this contract have the following meanings:
A) "Entrusting Party" means ××× (name of Entrusting Party);
B) "Consultant" means ××× (name of consultant);
C) "Applicable law" refers to laws and other documents with legal effect in People's Republic of China (PRC) and China;
D) "Contract" refers to the contract signed by the entrusting party and the consultant;
E) "Foreign currency" means any currency other than RMB;
F) "Service" refers to the work carried out by the consultant to complete this project according to the terms of the contract;
G) "Subcontractor" refers to the entity that subcontracts certain services according to the terms of the contract.
2. Applicable law and language of the contract
The meaning and interpretation of this contract and its terms and the relationship between the two parties shall be governed by the laws of People's Republic of China (PRC).
This contract is written in Chinese and English, but the English contract shall prevail in meaning and interpretation.
3. Address of contract execution
The consulting service will be held in ×× in China.
Step 4 give notice
Any notice should be written in English. Notices given by one party to the other party shall be sent to the address provided by the other party in writing from time to time. If you have not received the address change notice from the other party, please send it to the following address:
_____________________
_____________________
(Customer address, telex number, fax number and telegram address)
_____________________
_____________________
(Consultant's address, telex number, fax number and telegram address)
Any notice delivered by hand or sent to the above address by post, telex, fax or telegram shall be deemed to have been delivered.
Step 5 tax
Consultants and their personnel shall pay their own corporate and personal income taxes and other relevant taxes levied according to the applicable laws of People's Republic of China (PRC).
6. Commencement, completion, modification and termination of the contract
A) This contract shall come into force 30 days after signing. If this contract fails to come into effect within 60 days after signing, either signatory has the right to declare this contract invalid. If this happens, neither party has the right to claim compensation from both parties.
B) The consultant shall start consulting services within two weeks after the contract comes into effect and complete all consulting services within ×× years. Unless both parties agree to extend the service under the same conditions mentioned above, this contract shall be terminated after the service is completed and the last service fee is paid. At the termination or expiration of the contract, all the rights and obligations of both parties are terminated, but the termination of the contract cannot relieve the outstanding rights and obligations between the two parties at all.
C) This contract is valid for ×× years, counting from the date of signing the contract, and it will automatically become invalid at the expiration of the contract.
D) The contract shall not be changed or modified unless both parties sign a written modification.
7. Obligations of consultants
A) Consultants shall make every effort to perform consulting services and obligations efficiently and economically in accordance with the technologies and practices recognized by international professional consulting institutions and consulting standards. Consultants should always safeguard and support the legitimate interests of the entrusting party when contacting subcontractors and third parties.
B) Consultants shall abide by the applicable laws of People's Republic of China (PRC) and respect relevant local customs when providing consulting services.
C) When providing services related to this contract or services, the consultant shall not accept trading commissions, kickbacks or similar payments for personal gain.
D) The consultant will submit a service progress report to the customer at the end of each month.
E) All consulting services completed according to the contract requirements shall be checked and approved by the customer. Consultants should be responsible for the workload, correctness and completeness of consulting services.
F) Without the authorization of the Client, the Consultant shall not transfer its debts under any circumstances.
8. Participants in the consultation
The consulting firm shall employ and provide senior and experienced personnel who are qualified to provide this consulting service.
A) Personnel and subcontractors who perform consulting services under this contract must be approved by the entrusting party. The consultant shall provide the client with his resume and qualified health certificate for review and approval.
B) Without the consent of the Owner, no changes shall be made to the consulting service personnel. If it is necessary to change consultants, their advice and experience should be accepted by the entrusting party. The consultant shall bear all the extra travel expenses and other expenses incurred by replacing the personnel.
9. Responsibilities and obligations of the entrusting party
A) The entrusting party shall make every effort to ensure that the people of China and the government of China issue work permits and other relevant documents necessary for consultants and sub-consultants to carry out consulting services in China, and timely arrange for consultants to obtain necessary import and export visas, residence permits, foreign currency exchange and other documents needed for their stay in China. The client shall also ensure that the consultants and sub-consultants have the right to bring a reasonable amount of foreign exchange into the country for consulting work, and the right to withdraw their income from the performance of the contract according to law.
B) For the services provided by the Consultant under this Contract, the Client will pay the fees to the Consultant in the manner specified in Article _ _ of this Contract.
C) The Client shall fully guarantee that the Consultant will not bear any responsibility for the loss, damage or casualties caused to the Consultant and any third party by the Client and its employees or agents due to their wrongful acts, negligence or breach of contract.
10. Payment to consultants
A) All expenses involved in this contract shall be paid in US dollars through the Bank of China and the Consultant's bank. All banking charges incurred outside China shall be borne by the consultant.
B) The client shall not pay any other fees, and the consultant shall not request to change the total remuneration unless otherwise agreed by both parties.
C) The client will pay all consulting fees to the consultant in the following ways and proportions:
1) within _ _ days after the implementation of the contract and the arrival of the consultant at the consulting service site, the client shall pay _ _ (-%) of the total consulting fee to the consultant as the first payment.
2) The amount of the second payment is _ _ (-%) of the total consulting fee, and the client will pay it to the consultant after the consultant has compiled and submitted the consulting report and other relevant documents, which meet the requirements of the annex to the contract and are accepted by the client.
3) The last payment is _ _ (-%) of the total consulting fee, which shall be paid to the consultant after the consultant submits the consulting summary report and explanation and finds it satisfactory.
4) All funds under this contract shall be paid to the consultant's account in XX Bank.
1 1. Justice and credit
Both parties will treat each other's contractual rights fairly and take all reasonable measures to ensure the implementation of this contract. Therefore, both parties unanimously expressed the hope that this contract will be implemented fairly between both parties without harming the interests of either party.
12. Settlement of disputes
A) Both parties shall try their best to settle all disputes arising from or related to this contract amicably.
B) If the dispute arising from or related to this contract cannot be settled amicably, either party may submit the dispute to China International Economic and Trade Arbitration Commission for arbitration. The arbitral award made by the arbitrator shall be final and binding on both parties. The arbitration fee shall be borne by the losing party. In witness whereof, both parties have signed this contract on the above date.
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