Main contents of the entrusted development agreement: 1, basic identity information of both parties; 2. Introduce the entrusted matters and basic information; 3. Entrustment contract mode and entrustment mode; 4. Entrusted service fee and payment method; 5. Indicate other expenses; 6. Rights and responsibilities of both parties; 7. Default clause; 8. Dispute resolution methods; 9. The effective way of the contract.
Entrusted development protocol model 1
Client: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Address: _ _ _ _ _ _ _ _ _ _ _ _
Person in charge: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ _
Contact person: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Trustee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
Address: _ _ _ _ _ _ _ _ _ _ _ _
Person in charge: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ _
Contact person: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _
Based on the principles of equality, mutual benefit and voluntariness, Party A and Party B have reached the following agreement on entrusting Party B to develop _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. Project name: _ _ _ _ _ _ Internet information exchange (hereinafter referred to as information network)
1. 1 Functions of information network
1. 1. 1 convenient data entry, query, statistics and analysis functions.
1. 1.2 fixed column data has the function of importing excel tables.
1. 1.3 news retrieval and publishing function.
1.2 information network content
1.2. 1 fixed column
Technical and economic indicators (quarterly and annual reports) of equipment management of member units, trends of equipment management and technical transformation of member units, adjustment of equipment and spare parts of member units, etc.
1.2.2 unfixed column
Advanced methods and experiences of equipment management at home and abroad, trends of iron and steel enterprises at home and abroad, trends of technical transformation, information on new technologies, new equipment and new products in iron and steel production, and equipment forum (authorized release).
1.3 the information exchanged on the internet is managed at different levels, and the contents of different levels are kept secret by encryption technology.
1.4 website runs stably.
2. Development and operation management of information network
2. 1 Party A entrusts Party B to develop online exchange of equipment management information, and Party B relies on the existing network conditions and system software of Zhonglian Iron and Steel.
2.2 The information network has an independent domain name, and uses the network platform, encryption server and background management system of Zhonglian Steel.
2.3 The information network has an independent backstage administrator, whose work is entrusted to Party B, who is responsible for the opening of customers, the setting of permissions and the confidentiality level of columns.
2.4 The personnel designated by Party B shall be responsible for the daily management of the information network and accept the guidance of the information network secretariat in business.
3. Responsibilities and obligations of both parties
3. 1 Party A
3. 1. 1 put forward the complete website content requirements.
3. 1.2 put forward the main data items and formats.
3. 1.3 undertakes the software development fee, and each member unit pays 6,000 yuan in one lump sum; The system operation fee (4,000 yuan per year for each member company after _ _ years) shall be paid in advance by the member company of Party A every year (that is, the next year's fee shall be paid in one lump sum from June 65438 to February of the following year).
3.2 Party B
3.2. 1 Develop website system and system software according to Party A's requirements.
3.2.2 Be responsible for the operation of the website under the guidance of Party A. ..
3.2.3 Ensure the normal operation and stability of the website, and make regular data backup. Among them, the data in fixed columns are regularly converted into excel tables, which are carved into CDs and provided to Party A. ..
3.2.4 Ensure that Party A's members can normally use the information network in accordance with the Management Measures for Online Exchange of Equipment Management Information.
3.2.5 Be responsible for the supervision and management of the daily operation of the website, ensuring that it does not violate the relevant national laws and regulations, and there is no content that damages the reputation and image of Party A's member units and other legal disputes. For the monitoring of website content, Party B shall formulate specific rules and submit them to Party A for approval before implementation.
4. Equity
4. 1 The technical data and index data of Party A involved by Party B in the process of software development and website operation management must be kept confidential to the third party.
4.2 The copyright, management right and other rights and interests of a set of equipment information exchange network developed by Party B for Party A shall be owned by Party A. ..
5. Right to modify and terminate the agreement
Any modification of this agreement must be agreed by both parties and confirmed in writing. In principle, this agreement can be amended once a year. If the agreement is terminated without consensus of both parties, the terminating party shall bear the economic losses caused by the other party.
6. Force majeure events
If this agreement cannot be performed due to force majeure, the party unable to perform the agreement shall provide a notarial certificate, which may be exempted from economic responsibility.
7. Arbitration
This Agreement shall be governed by the laws of People's Republic of China (PRC). All disputes arising from or related to this agreement shall be settled through friendly negotiation as far as possible. If negotiation fails, either party can submit it to arbitration. The place of arbitration is Beijing. The arbitration fee shall be borne by the losing party.
8. Take notes
8. 1 This Agreement is made in quadruplicate, with each party holding two copies. This agreement shall come into force as of the date of signing.
8.2 This Agreement shall be valid for three years; If both parties fail to propose termination within two months before the end of the validity period, the validity period of this agreement will be automatically extended.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model development protocol II
Party A:
Party B:
In order to carry out the above spirit and in accordance with the provisions of relevant laws and regulations, Party A and Party B, based on the principles of honesty, credit, equality and mutual benefit, signed this entrustment agreement (hereinafter referred to as this agreement) through consultation.
Article 1 The scope of primary land development
The first-level development scope of land referred to in this agreement: the development land in this area. (For details, please refer to the district control plan). The first-level land development in the district shall be implemented according to the land development investment plan formulated by Party A. The development shall follow the principle of "unified planning, district development and phased implementation". Party A has the right to make appropriate adjustments to the development implementation plan, specific development contents and investment plan.
Article 2 The development mode of first-level land development
Party A entrusts Party B to carry out land acquisition, demolition and construction of municipal supporting projects and facilities within the above development scope.
The implementation mode of the first-level land development:
1. Demolition after land requisition is approved: Party A and Party B * * * carry out demolition with relevant units with demolition qualification in the entrusted area, and the demolition agreement is signed by Party A and Party B * * * with the demolition unit, and the demolition price is determined through negotiation between Party A and the demolition unit.
2. For the development and construction of municipal facilities supporting construction projects, Party A issues a design task book and Party B entrusts a third party to design. After the design is completed, Party A shall organize the review and approval of the design and investment budget. Party B shall organize the construction according to the approved design. Major design changes (increased investment 1 ten thousand yuan or more) shall be reported to Party A for approval.
Article 3 Entrusting contents of first-level land development
1. Handle relevant preliminary procedures according to this entrustment agreement;
2. Implement the work after land requisition;
3, the implementation of the demolition work;
4. Complete the demolition of ground objects, underground structures, muck removal, fence construction and site leveling.
5. Organize municipal infrastructure construction, including roads, rivers, pumping stations, landscape greening, power supply projects, traffic control facilities, street lighting projects, education and culture, public welfare supporting projects and other projects issued by the municipal government.
6. Other first-level development work that Party A thinks can be undertaken by the trustee.
Article 4 Total cost of first-level land development
The total cost of first-level land development includes the direct and indirect costs of first-level land development and the entrusted development income paid by Party A to Party B. The final confirmation of the total cost of first-level land development is subject to the final audit report.
1, the direct costs of land development include:
(1) The relevant upfront expenses of the first-level development work, including but not limited to the actual expenses incurred in the preparation of the project feasibility study and implementation plan, exploration, surveying and mapping, piling, aboveground object assessment, environmental assessment and assessment;
(2) Compensation fee for demolition after the approval of land acquisition;
(three) the relevant compensation expenses incurred in the process of land consolidation and delivery;
(4) The expenses related to the municipal infrastructure construction mainly include the direct and indirect expenses related to the execution of the contract from the signing of the contract to the completion of the contract, in which the direct expenses include: the consumed material expenses, labor expenses, machinery use fees and other direct expenses; Indirect expenses include: amortization expenses for temporary facilities and related expenses for organizing and managing construction and production activities;
5], audit, lawyers, project supervision and other expenses occurred in the process of land reserve development and supply, as well as other expenses approved by the finance and land authorities at the same level;
2. Indirect costs of land development include:
(1), financial expenses;
(2) The management fee is calculated as 1% of the direct development cost;
(3) Business tax and surcharges.
3. The income from entrusted development is temporarily calculated at 6% of the direct cost of first-level land development. If there is any adjustment in the future, both parties will negotiate separately.
4. The cost increase caused by the following circumstances is not regarded as the actual development cost, and shall be borne by Party B:
(1), various fund-raising, sponsorship, donation and other expenses;
(2) The economic compensation such as liquidated damages, compensation and fines that Party B shall bear, and the expenses such as fines that shall be borne due to illegal acts;
(3) Rectification expenses caused by Party B's violation of planning requirements, construction drawings or design drawings; (4) If quality problems are found during the project acceptance, the expenses incurred by Party B for rectification;
5. Other expenses have been reduced or exempted;
[6] Other expenses not approved by Party A. ..
5. Settlement and payment of the total cost of land development.
(1) In order to meet the needs of daily financial accounting, the settlement of the total cost of primary land development (including direct cost, indirect cost and entrusted development income of primary land development) is divided into three stages: temporary settlement at the end of the month, pre-settlement at the end of the year and final audit.
(2) After the project is pre-settled, Party A shall pay the development expenses in the following year at not less than 90% of the output value of the pre-settled project, and the quarterly payment progress shall not be less than 20% of the output value of the pre-settled project, and shall pay Party B in full within three months after the final accounts of the project are audited.
Fifth level of land development and acceptance.
1, acceptance content
The first-level development and acceptance of land is organized by Party A, which is divided into two situations: acceptance of land consolidation and acceptance of infrastructure and municipal pipe network construction:
(1), acceptance of land consolidation
Party B shall carry out land consolidation by stages according to the land development investment plan designated by Party A. For the site, it is required that the parcel reach the original natural conditions or natural floor elevation, and enclosure shall be set around the parcel to make the parcel reach "three links and one leveling" (that is, it has the conditions for the main access route of construction vehicles, temporary water source for construction and temporary power head for construction).
2, infrastructure and municipal pipe network construction acceptance
Party B shall implement the construction by stages according to the investment plan of infrastructure and municipal pipe network designated by Party A, and meet the requirements of completion acceptance. Party B shall provide complete completion acceptance data.
2. Acceptance agency
After Party B completes the phased and regional land consolidation plan determined by Party A and meets the acceptance conditions, and provides complete completion acceptance data, Party B applies to Party A for relevant acceptance, and Party A issues an acceptance certificate or a notice of rectification opinions after organizing the acceptance.
(1) Party B shall submit an acceptance application to Party A 15 days in advance and prepare relevant acceptance materials. Party A shall organize the completion acceptance within 15 working days after receiving the application and relevant acceptance materials. And issue an acceptance opinion within 10 working days after acceptance.
(2) If Party A fails to organize acceptance or issue acceptance opinions within 30 days after receiving the application, and the completion acceptance information is complete, it shall be deemed as qualified.
Sixth land development supervision system
1, audit system of major events or important links. Mainly refers to but not limited to Party A's review of the implementation plan, demolition plan and municipal infrastructure construction plan after the approval of land acquisition.
2, the use of funds supervision system. Party A has the right to supervise the availability and use of funds.
3. Periodic reporting system. Mainly refers to the production of periodic reports completed by Party B during the first-level land development. Including the first-level development progress report, capital use report, program report, etc.
4. Bidding participation system. Including Party A's participation in bid evaluation of outsourcing work such as project demolition, municipal design and construction, and supervision of bid evaluation.
5. Audit system. During the implementation of Party B's project, Party A shall designate an audit unit to conduct follow-up audit, and Party B shall be obliged to provide the audit unit with the contract payment voucher, formalities approval and other materials in time.
Article 7 Rights and obligations of Party A
1. Be responsible for making the first-level land development progress plan by stages, and have the right to adjust it in time according to the actual situation during the implementation. Ensure that the relevant approval documents for the implementation of land-level development are obtained.
2. Determine the implementation objectives of land consolidation and the progress plan of municipal facilities construction in sections, and actively organize acceptance after the corresponding work is completed.
3. Party A has the obligation to provide possible convenience for Party B's financing, such as providing Party B with relevant supporting materials such as the overall planning of new town development and construction, land transfer, credit guarantee, chattel or real estate mortgage, accounts receivable pledge, etc. required for financing.
4. Party A has the right to supervise the whole process of the first-level land development implemented by Party B, but the supervision process itself should not affect the development progress.
5. Actively organize the review and confirmation of development expenses, and pay Party B the first-level land development expenses in time or as agreed.
6. As all the projects undertaken by Party B are municipal supporting facilities, Party A shall provide assistance.
Article 8 Rights and obligations of Party B
1. Party B shall ensure that the funds required for the first-level development of land are in place, and at the same time make a plan for the use of funds according to the development progress.
2, responsible for the implementation of land acquisition, demolition and infrastructure and other specific work of land development.
3. Accept Party A's supervision and management of the whole process of primary land development.
4. Provide project acceptance and audit data on time, and cooperate with Party A to do a good job in acceptance and completion audit.
5. Party B shall actively cooperate with Party A's work. After receiving the invoice, Party B shall issue an invoice to Party A for the part of the entrusted development income in the settlement price, issue a receipt to Party A for the part of the first-class land development expenses in the settlement price, and provide Party A with a copy of the invoice issued by the construction unit as required.
6. Party B shall timely review the payment and settlement of various projects. Once the conditions are met, Party B shall timely review the final settlement of the project, and take% as the final settlement amount of both parties according to Article 4. After the final accounts of project completion, Party B shall hand over the project to Party A and cooperate with Party A to further hand over the project to Nanjing Municipal Construction Committee.
7. Without the consent of Party A, Party B shall not transfer the first-level development project to a third party.
Article 9 Liability for breach of contract and rescission clauses
If Party A fails to pay the first-class land development expenses in time according to the above agreement, it shall bear the relevant responsibilities for delaying the implementation of the first-class land development progress plan, and pay liquidated damages at the rate of three ten thousandths of the unpaid amount per day. If the payment is delayed for more than 6 months, Party B has the right to terminate this agreement and require Party A to bear the liability for breach of contract.
If Party B fails to put the funds in place in full according to the agreed time, thus delaying the completion of the first-level development plan of the relevant land, it shall pay Party A a liquidated damages at the rate of three ten thousandths per day. If the overdue period exceeds 6 months, Party A has the right to terminate this Agreement and hold Party B liable for breach of contract.
Article 10 Termination of the Agreement
1. In any of the following circumstances, Party A has the right to terminate this Agreement.
(1) Without the consent of Party A, Party B transfers the first-level development project to a third party, or Party B's shareholders transfer their shares in Party B's company to a third party.
(2) According to the development progress of Party A, the first-level development funds invested by Party B cannot be put in place in time, which affects the completion of the project as planned;
(3) During the first-level land development, Party B violates the planning conditions and requirements, fails to implement the original project design scheme and construction drawing, or modifies the design scheme without Party A's consent, and cannot correct it in time;
(4) Serious violations of laws and regulations, major production accidents and safety conditions occurred during the project period, which was enough to cause the first-level development to be unable to proceed normally;
2. If Party A proposes to terminate the agreement due to Party B's breach of contract, Party A will recover the first-level land development right after the agreement is terminated. According to the investment actually completed by both parties, Party B shall provide the acceptance and audit data within 30 days, and Party A shall organize the acceptance after receiving the complete data, and entrust the audit institution to audit the final accounts within 15 days after receiving the complete data. And pay off the first-level land development expenses after deducting the liquidated damages payable by Party B and the related losses of Party A within 6 months.
3. If Party B proposes to terminate the agreement due to Party A's breach of contract, after the agreement is terminated, Party A will take back the first-level land development right. Party B shall provide the acceptance and audit materials within 30 days, and Party A shall organize the acceptance after receiving the complete materials, and entrust the audit institution to audit the final accounts within 15 days. And pay off the first-class land development expenses within 3 months after entrusting the audit institution.
Article 11 Others
1, the first-level development will be implemented by stages, and both parties will sign a supplementary agreement.
2. During the development period, in case of adjustment of government policies, relevant regulations after adjustment of government policies shall be followed.
3. Matters not covered in this Agreement shall be negotiated separately by both parties.
4. This Agreement is made in twelve copies, with each party holding six copies.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model development protocol 3
Party A (entrusting unit):
Address:
Party B (Trustee):
Taxpayer identification number of Party B:
Address:
In order to strengthen the management of ordinary invoices and ensure the national tax revenue, Party A and Party B have reached the following agreement on issuing ordinary invoices through consultation.
(1) In view of the fact that Party A and Party B have signed an agreement on entrusted tax collection, Party A entrusts Party B to issue ordinary invoices for taxpayers within the scope of tax collection according to the Law of People's Republic of China (PRC) Municipality on Tax Collection and the Measures of People's Republic of China (PRC) Municipality on Invoice Management.
(II) When issuing ordinary invoices on behalf of Party B, Party B shall abide by the following provisions:
1. Generation range:
2. Ordinary invoice type: Shanghai (national tax, local tax) general machine invoice.
3. Agency opening time: YY- YY.
(III) Rights and obligations of Party A
1. Party A shall abide by the provisions of national laws, administrative regulations and rules on invoicing. Have the responsibility to inspect and guide the work of issuing ordinary invoices on behalf of Party B. ..
2. If this agreement is invalid or partially invalid due to the repeal or modification of national tax laws, regulations and rules, Party A has the responsibility to inform Party B in time and request to terminate or modify this agreement.
(IV) Rights and obligations of Party B
1. Party B shall install and use the professional market invoice invoicing software provided by Party A to issue ordinary invoices for taxpayers within the scope of collecting taxes, and shall not charge any other fees except collecting taxes.
2. When issuing invoices on behalf of taxpayers within the scope of taxation, Party B shall establish an invoice account, check whether the approved sales amount is higher than the accumulated invoice amount, and pay taxes according to relevant regulations.
3. Party A shall provide Party B with the tax vouchers required for issuing ordinary invoices in time. Party B shall collect, use, keep and submit relevant vouchers in accordance with the ticket management regulations of the tax authorities.
4. Party B shall issue invoices in accordance with the Measures for the Administration of Invoices in People's Republic of China (PRC), and it is strictly forbidden to issue ordinary invoices for taxpayers or others within the scope of illegal taxation. Party A has the right to check the issuance of ordinary invoices by Party B at any time.
(5) Liability for breach of contract
1. If Party A violates this agreement, Party B has the right to require Party A to perform its obligations according to this agreement or relevant laws.
2. If Party B violates this agreement, Party A has the right to require Party B to perform its obligations in accordance with this agreement or relevant laws, and may unilaterally terminate this agreement according to the actual situation.
3. If an invoice is issued illegally, Party B shall bear relevant legal responsibilities in accordance with the Measures for the Administration of Invoices.
(VI) This Agreement is terminated under the following circumstances:
1. Agreement expires;
2. This Agreement needs to be terminated due to major changes in national tax laws, regulations and rules;
3. Party A cancels the subject qualification for some reason;
4. Party B is dissolved, revoked or disqualified for other reasons;
5. Party B commits fraud, intentionally fails to perform its obligations, seriously violates tax regulations or other serious violations of this Agreement;
6. Other circumstances of termination of the agreement agreed by both parties.
If this agreement is terminated, Party B shall hand over the cancellation ticket to Party A and handle the formalities of terminating the entrusted invoicing.
(VII) Matters not covered in this Agreement shall be handled in accordance with relevant laws and regulations and the Interim Measures for the Administration of Commissioned Tax Invoicing (Trial).
(8) The validity period of this Agreement is from (to).
(9) This Agreement is made in triplicate, two for Party A and one for Party B. ..
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The above is what Bian Xiao shared today, and I hope it will help everyone.