The main features of the intermediary contract are:
Intermediary contract to provide intermediary services to customers. Brokers report opportunities for concluding contracts to customers or provide media services for concluding contracts. Whether the client concludes a contract with a third party has nothing to do with the broker, and the broker is not a party to the contract between the client and the third party.
Brokers have no right to interfere in contracts between customers and third parties. The middleman is only responsible for reporting the opportunity to conclude a contract to the client or mediating for the client to sign a contract with a third party, conveying the meaning of both parties and playing the role of a bridge, and has no substantive right to intervene in the contract.
Intermediary contract is a double-service, paid and promising contract.
Precautions:
I. Terms of payment
Only when the broker facilitates the establishment of the contract can the broker ask the client to pay the remuneration.
If the broker facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the broker.
However, if the broker fails to facilitate the conclusion of the contract, he may require the client to pay the necessary expenses for engaging in the intermediary activities, but shall not require the client to pay remuneration.
Where a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which harms the interests of the client, he shall not demand a reminder and shall be liable for damages.
Two: confidentiality agreement
The client needs to keep secret and sign a confidentiality agreement with the broker.
When signing an intermediary contract, if the principal requires the intermediary not to inform the other party of its name or business name. It should be reflected in the intermediary contract.
At this point, the broker has the obligation to keep the information of the customer confidential.
A broker shall perform the obligation of confidentiality during or after the conclusion of a contract by both parties to the transaction.
If the broker violates this obligation and causes damage to the client, he shall be liable for damages.