Customer (Party A):
Trustee (Party B):
In accordance with the Advertising Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and relevant national laws and regulations, Party A and Party B, on the basis of equality, voluntariness, equal compensation, fairness, honesty and credit, have reached an agreement on the matter that Party A entrusts Party B to design and produce advertisements through friendly negotiation, and hereby sign this contract for the purpose of keeping it.
Rule number one promise
(see)
Rule number two Total contract price and payment method
1. Is the design fee of this contract RMB? (in words:? ), and other expenses such as output proofing are RMB (in words:? ), the total price is RMB? (capital? Yuan), according to the experimental settlement. The above expenses include design fee, model fee, shooting fee, film output and printing fee. If Party A has special requirements, Party A and Party B shall negotiate separately.
2. After this contract is signed? Within working days, Party A shall pay Party B% of the contract amount, namely RMB (in words:? Yuan) as an advance payment.
3. After the design results delivered by Party B meet the acceptance standards stipulated in the contract after acceptance by Party A? Within working days, Party A shall pay the balance of contract settlement to Party B. ..
4. Party A will pay the above amount in the form of * * * *, and Party B shall issue an equally valid invoice to Party A after receiving the above amount, otherwise Party A may postpone the payment or deduct the corresponding tax.
Rule three. Design requirements and acceptance criteria: See the annex for details.
Article 4? Responsibility of both parties
1. Party A is responsible for providing the following information within the agreed time, and is responsible for the legality of the information provided:
2. Party A shall pay the contract price to Party B as agreed in the contract.
3. Where should Party B be? Year? Month? The entrusted project stipulated in this contract has been completed recently and passed the acceptance of Party A..
4. If the advertising design provided by Party B is similar to the advertising design previously submitted by Party B to Party A (that is, the structure of the manuscript screen is the same or similar, and the main screen and layout are the same or similar), will Party B pay the design fee according to the contract? % fee, other output proofing fees shall be settled according to the actual amount.
5. If the same design draft is used on different occasions, Party A only needs to pay 1 design fee, but the corresponding increased fees, such as the output proofing fee, can be charged according to the actual amount.
6. The advertisements designed by Party B shall comply with the Advertising Law of People's Republic of China (PRC) and other relevant laws and regulations. If any dispute with a third party is caused by Party B's infringement, Party B shall bear all economic and legal responsibilities. Where losses are caused to Party A from this, Party B shall make compensation.
Article 5? responsibility for breach of contract
1. Except for natural or social reasons of force majeure, Party A and Party B shall strictly abide by this contract, otherwise, the breaching party shall bear the liability for breach of contract.
2. If Party A fails to make payment as agreed in the contract, Party A shall pay Party B a penalty of 65,438 ten thousandths of the unpaid amount for each day overdue.
3. During the cooperation period, if Party B's work quality fails to meet Party A's requirements, it shall be rectified immediately according to this contract and Party A's requirements. If Party B fails to complete all the work on time as stipulated in the contract, it will be regarded as Party B's breach of contract. Since the date when Party B breaches the contract, Party A has the right to pay 1? If Party A collects liquidated damages from Party B, Party A has the right to directly deduct the liquidated damages from the unpaid amount payable by Party A. If the liquidated damages are insufficient to make up for Party A's losses, Party A may continue to claim compensation from Party B. At the same time, Party A has the right to terminate this contract and implement it according to the terms of termination and dissolution of this contract.
4. If losses are caused to Party A due to Party B's design errors or design achievements that fail to meet the acceptance criteria, Party B shall not only take remedial measures, but also exempt the design fee for the lost part and pay compensation to Party A according to the degree of losses.
5. If any advertisement designed by Party B infringes the copyright or other legitimate rights and interests of others, Party B shall bear all economic and legal responsibilities. Where losses are caused to Party A from this, Party B shall make compensation.
Article 6? intellectual property
The copyright of the finished products completed by Party B under this contract or other design drafts confirmed by Party A shall be owned by Party A after the relevant funds are settled. With the consent of Party A, Party B may participate in competitions and selection activities organized by public welfare, specialty, industry or media, and publish works designed by Party B. ..
Article 7? assignment clause
Without the written consent of other parties to the contract, neither party may transfer its rights and obligations under the contract in whole or in part.
Article 8? Termination and rescission of contract
(1) This contract is terminated due to dissolution.
1. If Party A considers it unnecessary to continue to perform this contract or Party B fails to correct its breach of contract after receiving the notice from Party A asking it to correct its breach of contract, Party A has the right to terminate this contract by sending a written notice to Party B, and this contract will come into effect when it is delivered to Party B. In addition to assuming the liability for breach of contract agreed in this contract, Party B shall pay liquidated damages to Party A at 20% of the total contract price and compensate the losses caused to Party A therefrom.
2. If Party A fails to perform or fully perform this contract due to Party A's breach of contract, if Party A still fails to correct its breach of contract after receiving the notice from Party B asking it to correct the breach of contract, Party B has the right to send a written notice to Party A to terminate this contract, which will take effect when it is delivered to Party A, and Party A shall pay Party B the quantities confirmed by both parties in accordance with this contract and bear the liabilities for breach of contract.
3. If one party of the contract exercises the right of rescission according to the terms of this contract, this contract shall be terminated from the date when the notice of rescission is served. The breaching party shall pay the other party liquidated damages or compensate for the losses.
4. After the termination of the contract, it does not prevent one party from pursuing the liability for breach of contract.
(2) In any of the following circumstances, the contractual rights and obligations shall be terminated:
1. This contract is terminated naturally because it has been performed as agreed;
2. The parties reach an agreement to terminate this contract;
3. In this contract, due to one party's violation of Paragraph (1) of this article (including one party's unauthorized transfer of rights and obligations under this contract), the other party sends a notice to terminate the contract;
4. Other termination circumstances stipulated by laws and regulations.
Article 9? Privacy policy
1. Before, during and after the conclusion of this contract, without the written consent of the other parties to the contract, either party shall be responsible for the confidentiality of this contract and the materials and information provided by the parties (including but not limited to trade secrets, technical materials, drawings, data, customer information and other business-related information, etc.). ).
2. If one party violates the above agreement and causes losses or adverse effects to the other party, the responsible party shall pay liquidated damages to the other party at 65,438+00% of the total contract price. If the liquidated damages are insufficient to compensate the other party to the contract, it shall compensate the other party to the contract according to the actual losses.
3. The confidentiality clause is independent and will not be affected by the termination or dissolution of this contract.
Article 10? exception
1. If this contract cannot be performed or fully performed due to unforeseeable, inevitable and insurmountable natural or social reasons, the party suffering from the above force majeure event shall immediately notify the other party in writing and provide the other party with valid documents issued by the notary office where the force majeure event occurred to prove that this contract cannot be performed or needs to be postponed or partially performed. Both parties to the contract shall, according to the influence of the event on the performance of the contract, decide through consultation whether to terminate the contract, partially exempt from the responsibility of performing the contract or postpone the performance of the contract.
2. If the party who encounters a force majeure event fails to perform the above obligations, it cannot be exempted from its liability for breach of contract.
Article 11? Applicable legal provisions
The conclusion, validity, interpretation, performance and dispute settlement of this Contract shall be governed by the laws and regulations of People's Republic of China (PRC).
Article 12? Settlement of disputes
All disputes arising from or in connection with the execution of this contract shall be settled by all parties to the contract through friendly negotiation; If negotiation fails and a lawsuit is brought, it shall be under the jurisdiction of the people's court in the place where the contract is signed.
Article 13 Others
1. The annex is an integral part of this contract and has the same legal effect as this contract.
2. If there are any matters not covered in this contract, both parties may sign a supplementary agreement through friendly negotiation. The supplementary agreement has the same legal effect as this contract.
This contract is in duplicate? Party A and Party B hold each other? Copies, each with the same legal effect.
4. This contract shall come into effect after being signed and sealed by both parties.
5. The annexes to this contract have the same legal effect as this contract.
6. Other agreements:
Party a:? Party B:
Address: Address:
Legal representative? legal representative
(or authorized contractor): (or authorized contractor):
Complaint supervision telephone number:? Telephone number of complaint supervision:
Advertising Design Contract (2)
Party A:
Party B:
Legal representative and ID number of Party B:
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B have reached the following agreement on the provision of advertising production by Party B to Party A on the principle of friendly cooperation and consensus:
I. Contract Supply Term and Deposit
Party A entrusts Party B to make advertisements, and the term of this contract is from MM DD YY to MM DD YY. In order to ensure that Party B fully fulfills its contractual obligations (price/quality/delivery time, etc.). ), Party B shall pay a deposit of RMB 65,438+0,000 (RMB one thousand only) to Party A, and Party A shall refund the balance after deducting the corresponding deposit within half a month after the completion of this supply contract.
Second, the object of the contract
1. Party A entrusts Party B to make advertisements. See the tender offer after the contract for the catalogue.
2. Party B shall make samples provided by Party A. ..
3. Party B shall provide Party A with services such as delivery, installation and after-sales quality return of the above products for free.
Three. Contract price
1. unit price: see the tender offer in the annex to the contract.
2. Price adjustment:
In case of material price adjustment, if Party B needs to adjust the corresponding supply price, it shall notify Party A in time, and the adjustment range shall be reasonable. Otherwise, once verified, Party A will regard Party B's price fraud during the supply process and directly give corresponding punishment. When the price of materials increases or decreases within the range of 10%, the price quoted in this contract is still valid, and Party B shall not delay or refuse to supply the goods under an excuse. When the material price rises by more than 10%, the supply price shall be determined by both parties through consultation.
3. The liquidated damages will be directly deducted from Party B's deposit and payment.
4. Perform price update.
Party A shall give the final confirmation within 10 working days after receiving the price adjustment notice from Party B (subject to the written confirmation form). After the updated price is determined, the new price will be implemented from now on.
Fourth, the mode of payment.
1. The payment method of this contract is monthly settlement (Party B will send the list on the 20th of each month, and Party A will pay it before the end of the month after verification). If the payment is still overdue for seven working days, Party B has the right to terminate the contract.
2. After the goods arrive at the place designated by Party A, Party A and Party B jointly accept the products, and Party B provides Party A's invoices and orders. After comparing the product orders with the product acceptance list, Party A confirms that the expenses incurred are consistent with the invoices provided by Party B. ..
3. At the time of monthly settlement, Party B shall provide ordinary invoices or special invoices for advertising industry (tax rate: 10%).
Verb (abbreviation for verb) installation and transportation
1. Party B shall provide appropriate packaging methods for the goods to prevent the advertising production from being damaged due to improper transportation, and all expenses or losses arising therefrom shall be borne by Party B..
2. Party B shall bear all expenses or losses caused by accidents such as casualties during installation.
3. Party B is responsible for transporting the goods to the place designated by Party A's order free of charge, and the risk of damage or loss of the goods during transportation shall be borne by Party B. ..
4. After the goods are delivered to the place designated by Party A, Party A and Party B shall jointly inspect the goods and handle the relevant goods handover procedures. After the goods are handed over, Party A shall bear the risk of damage or loss of the goods.
5. The transportation expenses shall be borne by Party B. ..
6. After each advertisement installation is completed, it must be accepted by Party A and signed by the person in charge of Party A. ..
Intransitive verb delivery place and time limit
1. Delivery place: the place specified in Party A's order.
2. Delivery time: after Party A places an order, the time required in Party A's order shall prevail. If the buyer has an urgent order, the advertising products required by Party A shall be delivered to the designated place on the same day or within the shortest time (except special goods).
3. When Party B delivers the goods to Party A, it must be accepted and signed by Party A. ..
Seven, check
1. After the goods arrive, Party A receives the goods according to the contents of the order, and the specifications and models of the advertised products shall be subject to the requirements of the order. At the time of delivery and after installation, the above authorities shall sign for confirmation, and Party B shall take photos on the spot and mail them back to Party A's planning department as the settlement basis.
2. When receiving the products, Party A shall fill in the Product General Acceptance Sheet, and sign the acceptance sheet after confirming that the products meet the requirements. Payment at the end of the month is subject to the acceptance certificate.
3. For the replaced products, please indicate it on the acceptance list, and for the added products or products with price changes, please fill in the acceptance list separately.
4. According to Party A's requirements for emergency products, Party B promises to deliver them to the place designated by Party A within the negotiation time.
Eight. quality assurance
1. Party B guarantees that the specifications and quality of all products provided meet Party A's standards. () If the quality of the advertised product does not meet the standards required by Party A, Party B shall be responsible for replacing it; If the replacement still fails to meet the standards specified in the tender, Party A has the right to ask Party B to redo it.
2. Before delivery, Party B shall accurately and comprehensively check the quality, specifications and quantity of the products to ensure that the advertised products are free from defects.
Nine, after-sales and other services
1. If the product has quality problems during use or cannot meet the use requirements, Party A may require Party B to rework it within 24 hours, and both parties shall do a good job in rework acceptance. Redo expenses shall be borne by Party B. ..
2. Party B shall provide a valid contact person and telephone number, and inform Party A of any change in time. Each batch of orders will designate a special person to be responsible for documentary delivery, and the consignor should wear the company logo and abide by the relevant rules and regulations. If there are special circumstances, it is necessary to arrange personnel to transport them separately; Will make delivery receipt to avoid delaying the timeliness of goods due to the change of delivery personnel.
X. Environmental protection and safety requirements
1. Party B promises that the advertising products provided comply with the relevant national regulations on environmental protection and bear the economic losses caused thereby.
2. The advertising products provided by Party B shall not damage the personal health of normal users of Party A, and shall bear the economic losses arising therefrom.
XI。 responsibility for breach of contract
1. After this contract comes into effect, Party A and Party B shall handle matters related to this contract on the principle of abiding by the contract and friendly negotiation.
2. If Party B fails to deliver the advertised products to the place designated by Party A within the time stipulated in the contract, or fails to deliver all the advertised products within the agreed time (except the products that can be postponed with the consent of Party A), Party B shall pay 0.2% of the total payment for the first quarter to Party A as penalty for each day of delay, but the total amount shall not exceed 5% of the total contract price. In case of special circumstances, both parties shall settle it through consultation.
4. If the quality of the goods provided by Party B does not meet the requirements of Party A, Party A has the right to return the goods and ask Party B to bear the economic losses suffered by Party A as a result.
5. If Party B is interrupted or the construction period is delayed due to incomplete information provided by Party A or the need to modify the production, Party A shall bear corresponding responsibilities.
6. If normal production cannot be carried out due to force majeure, both parties shall renegotiate the original delivery date.
Twelve. Alteration and rescission of contract
1. Unless the contract cannot be performed due to force majeure, neither party has the right to change the contents of the contract without the unanimous written consent of both parties.
2. Any modification or supplement to this contract shall come into effect after being signed by authorized representatives of both parties, and become an integral part of this contract, with the same legal effect as this contract.
Thirteen. others
1. Matters not covered in this contract shall be supplemented in writing after negotiation by both parties, and shall come into effect after being sealed by both companies and signed by authorized representatives of both parties.
2. This contract is made in duplicate, one for each party, with the same legal effect.
3. This contract shall come into effect after Party A and Party B affix their official seals and are signed by authorized representatives of both parties.
Party a:? Party B:
Representative: (signature) Representative: (signature)
Contact:? Contact person:
Tel: Tel:
Signing date:? Date of signing:
Advertising Design Contract (3)
Party A:
Address:
Telephone:
Party B: advertising company
Address: Chaoyang District, Beijing
Telephone:
In accordance with the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party B accepts the entrustment of Party A, and both parties reach an agreement through consultation to sign this contract, which shall be abided by jointly:
Second, the payment method:
1. Party A shall pay 40% of the total cost to Party B when signing the contract, that is, RMB Yuan, and Party B shall start the design after receiving the payment from Party A. ..
2. Party B shall provide a complete design draft, and pay off all the balance of the total cost immediately after confirmation by Party A..
Third, the design time:
1. Party B shall provide a relatively complete draft design within _ _ working days.
2. Party B shall complete the design work entrusted by Party A's company on _ _ _ _ _ (if the time is delayed due to Party A's reasons, the completion time will be postponed).
Four. Responsibilities and obligations of both parties:
1. Party B shall complete relevant design work on time according to Party A's requirements.
2. Party A has the responsibility to fully cooperate with Party B to carry out the work stipulated in this contract and provide relevant information according to Party B's needs. Party A shall bear the consequences caused by the delay in providing the required information.
3. Party A shall provide complete design data before the design begins. If the design structure changes and the content changes due to the incomplete information provided by Party A, Party A shall pay the corresponding design change fee separately.
4. After receiving the complete design data from Party A, Party B will design some samples to facilitate Party A to determine the style. After the style is confirmed, Party B begins to design the first draft.
5. Party A has the right to propose amendments to the works designed by Party B, and Party A may propose structural amendments to the first draft. After the first draft is finalized, Party A shall pay the corresponding structural amendments separately.
6. Party A shall bear the consequences caused by Party A's modification and delay.
7. The losses caused by post-production shall be borne by Party A, and the losses caused by product design problems shall be borne by Party B. ..
Party A shall bear the legal responsibilities and economic disputes caused by copyright and literary responsibilities.
8. In the process of project design, Party B belongs to Party A's brand, and shall not sign any form of cooperation agreement with customers as Party B alone.
Verb (abbreviation for verb) intellectual property agreement:
1. Party B owns the copyright of the design works. Party B may transfer the copyright of the work to Party A after Party A has settled all the expenses of the commissioned design. ..
2. Before Party A pays all the commissioned design fees, the copyright of the works designed by Party B belongs to Party B, and Party A has no rights to the works.
3. Before the balance is paid off, Party A uses or modifies the works designed by Party B without authorization, and Party B has the right to pursue its legal responsibility.
Liability for breach of contract of intransitive verbs:
1. If Party A terminates the contract before the first draft of the design works is completed, Party A has no right to demand the refund of the prepaid expenses; If Party A terminates the contract after the completion of the first draft of Party B's works, it shall pay all the design fees.
2. If Party B terminates the contract in advance without justifiable reasons, all the fees collected shall be returned to Party A. ..
7. Any dispute arising from the performance of this contract shall be settled through friendly negotiation. If negotiation fails, either party may submit it to Beijing Arbitration Commission for arbitration.
Eight. This contract shall come into effect as of the date of signature and seal by both parties. This contract is made in duplicate, one for each party and signed (sealed) by the other party, with the same legal effect.
Nine. If there are any matters not covered in this contract, both parties will negotiate with * * * to supplement or modify it. The supplementary and revised contents have the same effect as this contract.
Party a:? Party B:
(Signature and seal) (Signature and seal)
Date:? Date: