Model design consulting service contract 1
Party A:
Legal Representative or Person in Charge: Address: Tel:
Party B:
Legal representative or person in charge: Address: Tel: Name of bank: Account number:
Through friendly negotiation, Party A invites Party B to provide design consulting services for (project name) (hereinafter referred to as "project"), and both parties sign the following contract on the principle of equality and mutual benefit.
1, defined in this contract as 1. 1,
(a) "This Contract" refers to the text of this Contract and its annexes, as well as any written amendments made by both parties in accordance with Article 7 of this Contract. The annex to this contract is an integral part of this contract and has the same effect as the text of this contract.
(b) "Force Majeure" refers to unforeseeable, unavoidable and insurmountable objective circumstances.
(c) "Consulting Services" refers to the consulting services specified in Annex 2 (see Annex 2 for details) and the additional consulting services specified in Article 10 of this contract.
(4) "Written form" refers to contracts, letters, telegrams, telexes, faxes and data messages (including electronic data interchange and e-mail) that can tangibly express the contents contained therein.
(e) "Day" in this contract refers to the calendar day, and the year, month and day are calculated in Gregorian calendar. 1.2 The headings in this contract are for reference only and shall not affect the meaning or interpretation of this contract in any sense.
2. Integrity of the contract
All contract terms entered into by Party A and Party B are included in this contract, and all written or unwritten documents and commitments before this contract, such as contracts, memoranda, negotiations, letters, meeting minutes or discussions, are replaced by this contract.
3. Validity of documents
If there is any ambiguity or conflict between the documents constituting this contract, the annex to this contract shall prevail, except the documents modified by both parties according to Article 7 of this contract. The validity of the revised document is subject to the latest version reached by both parties.
4. Prohibition of transfer
Without the written consent of the other party, neither party has the right to assign this contract or any of its rights, nor to reduce or exempt its obligations under this contract.
5. The contract came into effect.
This contract shall come into effect immediately after the following conditions are met: 5. 1 signed by both parties to the contract;
5.2 Party A shall pay the advance payment to Party B's bank account in accordance with Annex 1 (see Annex 1 for details).
Step 6 start consulting services
Party B shall immediately start consulting services on the effective date of this contract.
7. Contract change
All or part of the modification, correction or waiver of this contract by both parties must be made in writing and signed and sealed by both parties.
8. Termination of the contract
8. 1 If the force majeure lasts for more than 30 days, both parties may give a notice to the other party and then terminate this contract.
8.2 The expiration or termination of this contract shall not damage or affect the rights and obligations of either party.
9. The validity period of the contract
Unless this contract is terminated in advance according to the provisions of the contract, the validity of this contract shall continue until the contractual rights and obligations of both parties are fulfilled.
10, other consulting services
During the execution of this contract, if Party A requests Party B to provide additional consulting services, it shall be put forward in writing, and both parties shall sign a supplementary contract, specifying the supplementary work content, the submission time of results, the additional consulting service fee of Party B and the obligations that both parties shall perform.
1 1. Rights and obligations of Party A.
1 1. 1 Party A shall provide Party B with relevant data and materials required for consulting services within the agreed time limit (within 7 days after signing the contract); If it is not provided within the agreed time limit (within 7 days after the contract is signed), the time for Party B to deliver the consultation results shall be postponed accordingly. During the execution of the contract, Party A shall provide necessary assistance to Party B..
1 1.2 When Party A changes the entrusted consulting services, or Party B's work exceeds the service scope and period specified in Annex II (see Annex II for details) due to errors in the submitted materials or major modifications, both parties shall negotiate to determine the corresponding extended working days according to the actual situation at that time, and increase Party B's consulting services according to the increased workload of Party B.. ..
1 1.3 party a shall pay the consulting service fee to party b according to the agreement in annex 1 (see annex 1 for details). Where the payment is delayed due to Party A's own reasons, Party A shall pay liquidated damages to Party B from the day after the agreed payment period, and pay 0.5% of the unpaid amount during this period every day. If Party A fails to make payment as agreed within 30 days after the agreed payment date expires (except for force majeure or Party B's violation of this contract), Party B has the right to terminate this contract unilaterally. Meanwhile, Party A shall pay the consulting service fees corresponding to the services provided by Party B before the termination of the Contract.
1 1.4 During the performance of the contract, if Party A requests to terminate or dissolve the contract for its own reasons and Party B fails to start consulting services, the advance payment paid by Party A will not be refunded; If Party B completes the consultation results according to the schedule, Party A shall take the actual workload or monthly service time completed by Party B as a stage according to the payment method agreed in Annex 1 (Annex 1), and if it is less than half a stage, Party A shall pay half of the fees for this stage; If it exceeds half a stage, it shall be paid in full according to the stage fee.
1 1.5 If Party A requests Party B to suspend the consulting service, it shall notify Party B in writing seven days in advance, explain the reasons and the suspension period, and pay the consulting service fee for the corresponding stage according to the workload actually completed by Party B. If it is less than half, Party A shall pay half of the consulting service fee for this stage; More than half of them will be paid in full according to the cost of this stage. If the planned suspension or actual suspension exceeds 30 days, Party B has the right to choose to terminate this contract alone.
1 1.6 In any case, the upper limit of Party A's liability for breach of contract related to or caused by this contract is 20% of the total contract amount.
1 1.7 During the performance of this contract, Party A's project representative is (Party A shall notify Party B in writing if there is any change):
Name: Title: Mobile phone:
Telephone: Fax: E-mail
12. Rights and obligations of Party B
12. 1 Party B shall reasonably use advanced and scientific design consulting technology in accordance with the norms and regulations promulgated by the state and the local government of the project, provide consulting services to Party A in accordance with the terms of this contract and the contents agreed in Annex 2 (see Annex 2 for details), and submit consulting results.
12.2 party b shall submit the consultation results according to the time agreed in annex 2 (see annex 2 for details). If it is overdue due to Party B's own reasons, Party B shall bear 0.5% of the current contract cost as penalty for each day overdue.
12.3 party b shall revise and improve the consulting results according to the scope and duration of consulting services agreed in annex 2 (see annex 2 for details).
12.4 After this contract comes into effect, Party B shall not terminate or dissolve this contract without reason except as stipulated in Article 8. 1,1.3, 1 1.5 of this contract.
12.5 In any case, the maximum penalty or compensation for any breach of contract liability of Party B related to or caused by this contract shall not exceed 20% of the total contract amount.
12.6 During the performance of the contract, the project representative of Party B is (in case of any change, Party B shall notify Party A in writing): Tel: Fax: E-mail:
13, exemption agreement
13. 1 If one party delays or fails to perform its obligations under this contract due to its prior breach of contract or force majeure, the other party shall not be liable for breach of contract.
14, intellectual property rights
14. 1 The copyright of all consulting results submitted by Party B to Party A shall be owned by Party A after Party A pays the consulting service fee according to the agreement in Annex 1.
14.2 without the written consent of party a, party b shall not use the final consultation results for other projects outside this contract, but both parties may use them for enterprise promotion and advertising. On the premise of not harming each other's interests.
15, confidentiality agreement
Both parties promise that the information exchanged between them in connection with this contract will be kept strictly confidential by the receiving party. Unless it is necessary to perform this contract, one party shall not use or disclose any business secrets, such as business, technology, operation, technological process and market information to any third party, except the following circumstances:
A) The other party agrees in writing;
B) Relevant information is known to the public;
C) One party has obtained the information through other legal channels before the other party provides the information.
16, notification and delivery
All official notices related to this contract shall be in written form and sent to the mailing address specified in this contract in any of the following ways, that is, when delivered:
16. 1 Send it to the designated representative of the receiver, and the other party will sign for confirmation.
16.2 Express delivery, subject to the time of receipt, and the recipient will fax back the information.
16.3 if either party sends a document to the other party by fax, the other party must sign to confirm the receipt of the document, otherwise it will be regarded as refusal.
16.4 refusing to sign the other party's documents is a breach of contract.
17, contract language
The language used in this contract is simplified Chinese.
18, Applicable Law and Dispute Resolution
The conclusion, effectiveness, interpretation, performance and dispute settlement of this Contract shall be governed by the laws of People's Republic of China (PRC). Any dispute related to this contract shall be settled by both parties through friendly negotiation; If friendly negotiation fails, either party may apply to the court where the project is located for arbitration, and the arbitration result is final and binding on both parties.
19. If there are other matters or special reasons, Party A and Party B shall sign a supplementary agreement according to the actual situation as a supplementary explanation and agreement of this contract, which also has legal effect.
20. This contract is made in quintuplicate, with each party holding five copies, all of which have the same legal effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model design consulting service contract II
Customer (Party A):
Organizer (Party B):
Through friendly negotiation between Party A and Party B, Party A decides to entrust Party B with architectural design consultation. In order to ensure the smooth progress of the work, this contract (including its annexes and all supplementary contracts) is hereby signed in accordance with relevant national regulations for * * * to abide by.
1. The address of the project for which Party A needs design consultation is, with a building area of square meters. Party B is now officially entrusted to consult and design the building energy-saving scheme.
Two. mode of payment
After 1, Party B shall pay 30% of the total design fee to Party A, namely RMB 3 15000.00 Yuan, three hundred and fifteen thousand Yuan only. The other 70% energy-saving scheme design consulting service fee is RMB 735,000.00 Yuan, RMB 735,000 Yuan only, and all fees shall be paid within 7 days after the energy-saving acceptance of the project.
2) Party B has the right to stop the design and consulting service because Party A fails to pay the design and consulting service fee in time. Party B shall pay 10% of the total daily liquidated damages for overdue payment of design consulting service fees.
3) The above amount does not include tax. If Party A needs to issue an engineering invoice, it shall pay Party B 17% of the total design consulting service fee.
Three. Obligations of Party B
1) The day after Party B receives the down payment for design consulting service, it will start the design consulting service according to the original architectural drawings and site photos provided by Party A. Both parties agree that the design scheme at this stage should be completed within days from the date of signing this contract.
2) Party B is responsible for coordinating the original energy-saving design (external wall internal insulation) with the original design unit to meet the acceptance conditions.
3) Party B shall keep Party A's project information confidential, and the losses caused to Party A due to Party B's disclosure shall be borne by Party B. ..
Four. Obligations of Party A
1) Coordinate with local functional departments to meet the acceptance conditions of the glass part of the external wall of the project.
2) The internal insulation construction of the external wall of the office building of this project meets the acceptance conditions.
3) Party A is responsible for all expenses in the process of energy-saving acceptance.
4) Party A shall keep the information of Party B's design and consulting services confidential, and all expenses arising from Party A's disclosure shall be borne by Party A..
5. After the design consulting service contract is signed and sealed by both parties, Party A shall pay the design consulting service fee according to the above procedures. During the performance of the contract, if Party A requests to dissolve or terminate the contract and the designer fails to start the design work, the deposit paid by Party A will not be refunded; If the design work has started, Party A and Party B shall pay half of the design fee for this stage according to the actual workload completed by the designer. More than half of them will be paid in full according to the design fee at this stage.
6. If Party B fails to complete the design consulting service agreed by both parties, both parties agree that Party A will deduct Party B's design consulting service fee by 3‰/ day of the total design consulting service delayed by Party B..
Seven. Matters not covered in this contract shall be settled by both parties through consultation.
Eight. This contract is made in duplicate, with Party A holding two copies and Party B holding one copy.
9. Party A can pay the above money to the following account of Party B by bank remittance within the specified time:
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Design consulting service contract mode 3
This contract is signed by the consulting company (hereinafter referred to as the client) as one party and Shanghai Limited (hereinafter referred to as the consulting company) as the other party. Both parties authorize their representatives to sign this contract according to the following consulting service terms.
Article 1 the contents of the contract
1. 1, and the consultant is willing to provide this service.
1.2 The consulting services provided by the consultant include: preparation of the project feasibility study report and related application services.
Article 2 Commencement, Completion, Modification and Termination of a Contract
2. 1 This contract shall come into force as of the date of signing.
2.2 The consultant shall complete the consulting service according to the requirements listed in this contract 1.2. Unless both parties agree to extend the service under negotiation, this contract shall be terminated 60 days after the date of contract performance, or when the service is completely completed, whichever comes first. When the contract is terminated or expires, all rights and obligations of both parties are terminated.
2.3 Either party must notify the other party in writing the day before the termination date of this Agreement. If the client terminates this contract, the client shall pay the consulting fee for all the work and related expenses done by the consultant before the project termination date.
2.4 This contract and its annexes shall not be changed or modified unless both parties sign a written amendment.
Article 3 Responsibilities and obligations of both parties
3. 1 the entrusting party shall provide the consultant with relevant materials, reports and other information needed for consulting services, and provide assistance to the consultant within its capacity, especially the entrusting party shall designate a general representative for contact at any time.
3.2 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 4 of this Contract.
3.3 The consultant shall submit the consulting report on time according to the content and schedule of the consulting service.
3.4 All consulting services completed according to the contract requirements shall be checked and approved by the entrusting party. The consultant shall be responsible for the workload, correctness and completeness of the consulting service.
3.5 Any and all responsibilities of the Consultant for this Contract shall be limited to the contract payment for professional services that the Consultant has received, and shall be terminated after the expiration of the guarantee stipulated in Article 7.2 of this Contract.
Article 4 Price and Payment
4. 1 The total contract price is RMB (currency) (in words:).
4.2 The total contract price includes all consulting services and training fees provided by the consultant, which is fixed and does not fluctuate with the influence of inflation. The total contract price includes all expenses and expenses incurred by the consultant in performing its obligations under this contract at its location and the customer's location, as well as the cost of sending materials to the customer's office in various ways, but does not include miscellaneous expenses incurred by the consultant due to services, including travel expenses, communication expenses, meals, transportation expenses and other expenses. In case of force majeure stipulated in this contract, the total contract price can be adjusted through friendly negotiation between both parties. If the services requested by the entrusting party are beyond the scope specified in Annex 1 of this contract, both parties shall negotiate to modify the total contract price, and any modification shall be signed by both parties in writing and constitute an integral part of this contract.
4.3 All the money paid by the client to the consultant shall be paid to the consultant's account by cheque or cash through the client's bank.
4.4 The Client shall pay after receiving the information submitted by the consultant.
4.5 After receiving the payment from the entrusting party, the consultant shall issue a commercial invoice indicating the corresponding payment amount within days;
4.6 If the Client agrees to pay but fails to pay according to the above conditions, the Consultant will charge demurrage for the payable amount at the rate of 65,438+0% per month, and suspend the follow-up service until the Client pays the above amount.
4.7 If the Client delays payment, the Consultant has the right to delay or terminate the remaining consulting services under this contract.
4.8 If the services provided by the Consultant do not meet the requirements of this Contract, the Client shall immediately notify the Consultant, and the Consultant shall re-provide the services within the time specified by the Client without charging the Client any additional fees. The liability of the consultant for breach of contract or non-performance of this contract is limited to the remuneration paid to the consultant according to this contract. When the contract is terminated due to dissatisfaction with the consultant's services, the entrusting party shall still pay the consultant the remuneration for providing qualified services according to the contract.
Article 5 confidentiality
5. 1 All materials collected, developed, sorted, copied, researched and prepared by the entrusting party related to the work under this contract shall be regarded as confidential when provided to the consultant, and shall not be disclosed to anyone, enterprise or company other than the entrusting party or its designated representative.
5.2 During the validity of the contract, both parties shall take appropriate measures to keep any data or information under this contract strictly confidential, and the other party shall not disclose it to any third party without the written consent of one party.
5.3 Any confidential information obtained or contacted by one party and its staff during the performance of the contract shall be kept confidential by the other party, and neither party shall use or disclose the above confidential information obtained from the other party without its written consent.
Article 6 Guarantee
6. 1 The guarantee obligation of the consultant is after the last payment for this consulting service.
6.2 Justice and credibility. 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.
Article 7 Ownership of consulting report
7. 1 All final consulting reports submitted to the entrusting party are the property of the entrusting party, and the consulting party shall not disclose or use the reports.
7.2 The Consultant may keep copies of the above materials, including the materials provided by the Client as mentioned in Article 5 of this Contract, but the Consultant shall not use the above materials for any project other than this consulting project without the written consent of the Client.
Article 8 Transfer
8. 1 Neither the client nor the consultant shall transfer or subcontract their contractual rights or obligations to others without the prior written consent of the other party.
Article 9 Force Majeure
9. 1 If either party's performance of the obligations stipulated in the contract is affected by war, serious fire, typhoon, earthquake, flood and other unforeseeable, inevitable and insurmountable events, the party affected by the accident will notify the other party of the force majeure accident by fax, and submit the certification documents issued by the certification authority to the other party for confirmation within 14 days after the accident.
9.2 The affected party shall not be responsible for the failure or delay of performance of the contractual obligations caused by force majeure. However, the affected party shall notify the other party by fax as soon as the force majeure accident is eliminated.
9.3 After the force majeure accident stops or the influence is eliminated, both parties shall immediately continue to perform their contractual obligations, and the validity period of the contract and/or the scheduled time limit for performing the contract shall be extended accordingly.
Article 10 Dispute and settlement
10. 1 This contract shall be interpreted and executed in accordance with the laws and judicial decisions of People's Republic of China (PRC). Both parties shall try their best to settle all disputes arising from or related to this contract amicably.
10.2 any dispute arising from or related to this contract, if both parties fail to settle it amicably, shall be submitted to the arbitration institution where the entrusting party is located for arbitration in accordance with the arbitration rules in effect at the time of applying for arbitration. The arbitration award is as follows
Article 11 Languages and standards
1 1. 1 Except for this contract and its annexes, all communications between the client and the consultant, and the information, documents and consulting reports provided by the consultant to the client are in Chinese.
Law applicable to Article 12
12. 1 The legal meaning, validity and performance of this contract shall be governed by the laws of People's Republic of China (PRC).
Article 13 Other clauses
13. 1 The annexes to this contract are an integral part of this contract and have the same legal effect as the text of this contract. If there is any contradiction between the text of the contract and the annex, the content of the text of the contract shall prevail.
13.2 all amendments, supplements, deletions or changes to this contract shall come into effect after being completed in writing and signed by authorized representatives of both parties. Effective modification, supplement, deletion or change constitute an integral part of this contract and have the same legal effect as the text of the contract.
This contract is written in Chinese. In case of any inconsistency, the Chinese contract shall prevail. The original of this contract is in duplicate, each party holds one copy, which has the same legal effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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