Project Agreement 1 Party A:
Legal representative:
Contact telephone number:
Party B:
Legal representative:
Contact telephone number:
Risk warning
There are many ways of cooperation, such as setting up a company, developing software, buying and selling products, etc. Different cooperation methods involve different project contents, and the corresponding terms of the agreement may be quite different.
The terms of this agreement are based on specific projects and are for reference only. In practice, it is necessary to modify or redraft the terms according to the actual cooperation mode, project content, rights and obligations of both parties, etc.
Based on the principles of fairness, honesty, equal cooperation and mutual benefit, Party A and Party B have reached the following agreement on the "_ _" beauty project in accordance with the provisions of the Contract Law of People's Republic of China (PRC), and shall abide by it jointly.
I. The cooperative operation agreement between the two parties is as follows:
Risk warning
The rights and obligations of all parties to the cooperation should be clearly agreed to avoid wrangling in the actual operation of the project.
Once again, warm reminder: due to the inconsistency between the cooperation mode and the project content, the rights and obligations of all parties are also inconsistent, which should be formulated according to the actual situation.
1. Party A shall provide its own business premises _ _ _ _ _ _ free of charge, and cooperate with Party B to operate.
2. Party A shall provide hardware and software equipment that is in line with the joint operation of both parties.
3. Party A will introduce Party B's course of treatment into Party A's business premises for cooperation in accordance with the cooperation operation norms of this contract.
4. Both parties should provide each other with professional knowledge guidance and training to facilitate cooperation and promotion.
5. From the effective date of the cooperation contract, Party B shall assign an excellent operation team to Party A's own business premises, abide by this cooperative operation system, cooperate with standardized operation management, and assign a special person to be responsible for the coordination and communication between the two parties, so as to ensure close cooperation and institutionalized management. In addition to the team, Party B shall maintain a fixed number of _ _ _ _ _ support personnel to flexibly support Party A in conducting business on site at any time.
6. Party B shall provide Party A with a complete set of publicity materials and related explanations for the above-mentioned "_ _ _ _ _ _" cooperation project free of charge.
Second, the cooperation period:
The term of cooperation between Party A and Party B is _ _ _ _ _ _ _ _ _ _ years.
Three. Provisions on cooperative operation:
1. Cooperation sharing and payment method: Party A and Party B agree to share the total turnover surplus of this cooperation project according to the proportion listed in this contract, and make settlement before the 5th of the following month of each business month. If both parties fail to complete the settlement within the specified time, they agree to add punitive liquidated damages to the defaulting party as compensation, and the other party has the right to immediately terminate the rights and obligations provided to the defaulting party.
2. Service implementation requirements: After each course of treatment of this cooperation project, Party A and Party B shall settle the monthly cooperation commission.
3. Non-competition regulations: During the execution of the contract, without the consent of Party B or Party B's promotion activities, the discount of Party A's sales of Party B's products (in any channel) shall not be lower than the agreed price or higher than the agreed price 1. 5 times, if it violates this agreement, it is verified as a breach of contract.
4. Price and fee collection: During the execution of the contract, both parties agree that the project price can be adjusted according to market conditions after consultation with other parties due to relevant operational requirements. However, the principle of dividing the percentage of turnover earned by Party A and Party B remains unchanged, and any change shall be explained in the supplementary way in this contract.
Both parties promise that if each party fails to implement the payment agreement as agreed after receiving the customer's money, the defaulting party shall bear the responsibility of misappropriation and fraud.
5. Settlement terms: the total operating income generated by all cooperative operations of both parties shall be temporarily collected by the payee agreed in this contract. After Party A and Party B reconcile the monthly accounts of the current month, each party will issue a profit distribution invoice to the other party. After receiving the payment invoice, both parties can deduct the surplus distribution amount of accounts receivable and payable, and the payer will issue a check to pay the surplus distribution before the 5th of the current month.
6. Tax Agreement: The taxes payable by Party A and Party B shall be borne separately according to national regulations.
7. Customer Refund: When the service of each cooperative project in this contract cannot be completed after payment, Party A and Party B will divide the customer's refund according to the turnover of this cooperative project after deducting the service fee and product fee consumed by the customer, and make it according to the surplus proportion distributed by the partners. If the customer fails to cancel the contract on site, it will be deemed that the contract has been completed, and there will be no refund. The related follow-up questions will be borne by the payee.
Risk warning
The mode of cooperation should be clearly agreed, especially the cooperation involving different investment methods such as capital, technology and labor services. At the same time, it is necessary to clarify their respective rights and interests, otherwise it is easy to have disputes over responsibility and profit and loss sharing in the actual operation of the project.
Four. Rights and obligations of Party A:
1, responsible for providing customers of Party A's hospital and terminal prospective customers.
2. During the cooperation period, Party A shall increase advertising efforts, including local TV station advertisements, radio advertisements, outdoor advertisements, print advertisements and other all-round promotion of this project.
3. Party A shall pay the cooperation funds to Party B according to the requirements of the agreement, and complete the business objectives within the agreement period.
4. Party A has the obligation to assist Party B in marketing and product image promotion.
Verb (abbreviation of verb) Rights and obligations of Party B:
1. Party B provides training on "_ _ _ _ _ _ _" beauty project for the sales staff of Party A..
2. Responsible for providing _ _ _ _ _ qualified personnel on a regular basis.
3. Provide relevant information and technical operation required for "_ _ _ _ _ _" medical beauty.
4. In the contact with Party A's customers, Party B promises to fully protect Party A's interests.
5. Party B has the obligation to give guidance and answers to the technical questions raised by Party A by telephone, fax and e-mail.
6. Party B has the obligation to assist Party A in marketing and product image promotion.
6. Legal liability for deferred payment:
1. Both parties shall not violate the payment agreement by excuse, delay, refusal or any reason. In case of the above situation, both parties have the right to file direct seizure, civil and criminal prosecution and other sanctions against the other party according to this contract, and claim compensation from the breaching party according to the related liquidated damages such as damage to the interests of both parties and delayed payment.
2. Both parties agree that in the above circumstances, the liquidated damages will be based on the profits of both parties, and the due profits will be multiplied by the punitive liquidated damages of 65,438+0% for each day of delayed payment until the payment is settled.
Risk warning
Obligations of confidentiality and non-competition should be agreed, especially for the technology and customer resources involved in the project, so as to avoid one party profiting from it outside the project or engaging in other activities that damage the rights and interests of the project.
Seven. Confidentiality clause:
65438+
2. This confidentiality clause is valid for 1 year (calculated from the date of termination of this contract).
Risk warning
Although the contract is detailed, there is no guarantee that the partner will not breach the contract. Therefore, it is necessary to clearly stipulate the terms of breach of contract, and once one party breaches the contract, the other party can use it as the basis for recovery.
Eight. Default clause:
1. Party A and Party B shall strictly abide by the provisions of this agreement. If one party's breach of contract causes economic or other losses to the other party, the breaching party shall compensate the other party for the losses and bear corresponding responsibilities.
2. If either party breaches the contract, it shall compensate the other party for the liquidated damages of RMB ten thousand Yuan only (in figures _ _ _ _ _) as the compensation for breach of contract.
Nine. Dispute resolution:
1. Disputes arising from the execution of this agreement shall be settled through friendly negotiation.
2. If both parties cannot reach an agreement through negotiation, it shall be submitted to the Arbitration Commission for arbitration.
3. In the process of dispute settlement, except for the part under negotiation or arbitration, other parts of the agreement shall continue to be implemented.
X. others:
1. For matters not covered, the parties shall sign a supplementary agreement separately after reaching consensus, and the supplementary agreement shall have the same legal effect as this agreement.
2. This Agreement is signed in the form of _ _ _ _ _ _ _ _ _.
Party A:
Signature of legal representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B:
Signature of legal representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 of the Project Agreement Party A: Huizhou Sanyou Technology Co., Ltd.
Party B: ID number:
Party C: ID number:
Based on the principle of fairness and mutual benefit, Party A, Party B and Party C have reached the following agreement:
1. Party A, Party B and Party C voluntarily cooperate to operate cosmetic brand operation projects. Party A invests in capital projects by means of team resources, company qualification, brand holding, operation planning and office space. , Party B contributes RMB one hundred thousand yuan (100000 yuan) and Party C contributes RMB one hundred thousand yuan (100000 yuan).
2. The cooperation period of this project is tentatively set at 3 years, from 20xx to 20xx. In case of extension, the three parties shall renew the agreement 1 month before the expiration of the agreement. This agreement shall come into effect after receiving all the money from Party B and Party C. ..
3. Party A is solely responsible for the overall planning of the project and other matters, and shall bear corresponding responsibilities for disputes caused by product quality, brand infringement and after-sales service. Party B and Party C are the funders, and do not participate in the daily operation and management of the project, and do not assume other commercial risk responsibilities.
4. The fixed assets, sales surplus, creditor's rights and debts generated by this project shall be distributed according to the proportion of 40% for Party A, 30% for Party B and 30% for Party C. In case of subsequent adjustment due to management reasons, the three parties shall negotiate and sign an agreement separately.
5. The tripartite cooperation is limited to the cosmetic brand project, and the brand ownership belongs to Party A. ..
6. Party A is responsible for fund management, and provides monthly reports on project operation and fund use by mail for supervision of Party B and Party C..
7. Party B and Party C have the right to make suggestions on the project operation, and the final decision of the project operation is decided by Party A, and Party B and Party C have no objection.
8. After the project is operated for one year, Party B and Party C can propose to withdraw from the cooperation, and the three parties * * * will settle the fixed assets, sales surplus, creditor's rights and debts and sign an agreement to withdraw.
9. Party B and Party C automatically become the cosmetics brand distributors of this project, take delivery in cash according to the highest distributor level set by Party A, and abide by the market retail price set by Party A. Party B and Party C enjoy a total of 65,438+000 free samples of all products of this project every year.
10. This agreement is made in triplicate, with Party A, Party B and Party C holding one copy respectively, with the same legal effect.
1 1. Other outstanding matters shall be settled by the three parties through consultation.
12. Attachment.
Party A: (signature/seal) Party B (signature/seal) Party C (signature/seal)
Date of signing the agreement:
Article 3 of the project agreement: Party A (original shareholder of the company): _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _
Party B (new investor): _ _ _ _ _ _
ID number: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Company (hereinafter referred to as "the Company") is a company legally established and effective on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
After full consultation, Party A and Party B have reached the following agreement for their compliance.
1. Party A and Party B agree to invest in the Company when this Agreement is signed, and agree to all business activities and survival value of the Company at this time.
2. Party B has invested RMB 5 million in the company.
3. After Party B's investment, both parties agree to make the following adjustments to the company's equity structure: _ _ _ _ _ _ _ _
As the original shareholder, Party A retains 45% of the company's shares;
Party B obtains 35% of the shares of the company;
The company's R&D and management team acquired a 20% stake in the company.
4. After Party B's capital contribution is completed, the alteration procedures of the Articles of Association shall be handled uniformly.
5. After completing the capital contribution, Party B will enjoy the corresponding rights and obligations and perform the duties of shareholders in accordance with the Company Law, Civil Code, Articles of Association and other laws and regulations.
6. Party B's investment funds can be paid in installments. The down payment is RMB _ _ _ _ _ _ _ _.
7. After Party B completes the capital contribution, it shall immediately go through all legal procedures. If Party B fails to complete the capital contribution within the term of this agreement, it will be regarded as a breach of contract, and Party A has the right to terminate the cooperation, and Party B's shares will be reduced accordingly according to the actually completed capital contribution.
8. If Party B completes the capital contribution within the specified time limit, Party A shall not violate this Agreement, and must cooperate with the corresponding procedures for changing the Articles of Association and recognize the rights of Party B's legitimate shareholders.
9. Other cases of breach of contract shall be settled by both parties through friendly negotiation.
10. This agreement is made in quadruplicate, with Party A and Party B holding one copy respectively, and the other two copies are reported to the industry and commerce for reference, and will take effect immediately after being signed by both parties.
1 1. This agreement is the basic content reached by Party A and Party B on this investment company. For specific matters and unfinished matters, both parties may conclude a supplementary agreement without violating the provisions of this agreement, and the supplementary agreement has the same legal effect as this agreement.
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Authorized representative: _ _ _ _ _ _ _
Authorized representative: _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _
Article 4 of the project agreement contract: 1 19242
The Employer shall handle the licensing, approval or filing as required by law, including but not limited to the construction land planning permit, construction project planning permit, construction project construction permit, temporary water and electricity needed for construction, road traffic interruption, temporary land occupation, etc. In addition, the Employer shall assist the Contractor in handling relevant construction certificates and approval documents stipulated by law.
If the Employer fails to complete the above permission, approval or filing in time, the Employer shall bear the increased expenses and/or delayed construction period, and pay reasonable profits to the Contractor. In accordance with the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, in order to further clarify the internal contracting responsibilities, Party A and Party B have reached the following agreement on various technical and economic indicators and contracting responsibilities of Party B through consultation in combination with the specific conditions of this project:
Rule number one. Project overview
1. Employer: project name: project location: building area: structural form: contract scope: contract method: risk warning: agreement on actual completion date.
In case of disputes arising from the confirmation of the actual completion date, relevant regulations can be formulated according to the specific situation:
If the project passes the completion acceptance, the date when the contractor submits the application report for completion acceptance is the actual completion date, and it shall be indicated in the project acceptance certificate; Due to the reason of the Employer, the supervisor fails to complete the completion acceptance within 42 days after receiving the application report for completion acceptance submitted by the contractor, or fails to issue the project acceptance certificate after the completion acceptance, and the date of submitting the application report for completion acceptance is the actual completion date; If the project is used by the Employer without completion acceptance, the actual completion date shall be the date when the project ownership is handed over. Project duration:
(1) Planned Commencement Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) The planned completion date is _ _ _ _ _ _ _ _ _ _ _ _ _.
2, quality grade:
3. Contract Price: The tentative total price is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2. Selection criteria and provisions of contract documents
1, applicable standard:
2. Applicable laws and regulations:
Article 3. Party A's responsibilities
1. Assist Party B in construction and ensure that the project meets the construction conditions when delivered to Party B;
3, responsible for the inspection and supervision of engineering quality; Pay special attention to the acceptance visa of partial projects, and urge construction technicians to do a good job in collecting, sorting and archiving engineering technical data;
4. During the contract period, if Party B fails to achieve the contract objectives due to poor construction management or serious mistakes, Party A has the right to terminate this contract, investigate the responsible person according to the specific situation, and ask Party B to leave unconditionally until legal responsibility is investigated;
5. When Party B encounters difficulties, it is obliged to coordinate with relevant departments to help solve practical problems, so that Party B can carry out construction and production smoothly;
6. Water and electricity installation shall be subcontracted by the construction unit to which Party A belongs;
7, after the completion of the project, timely organize personnel acceptance;
8. Pay the project payment on time, and don't default on the project payment without reason.
Article 4. Party B's responsibilities
1, and the corresponding clauses specified in this contract and the general contracting contract must be strictly fulfilled;
2. The construction task must be completed in accordance with the terms of this construction contract agreement, subject to the unified management, unified dispatch and unified command of Party A;
3, responsible for labor organization, reasonable combination, improve work efficiency;
4. Be responsible for the implementation of daily safety measures, organize construction in strict accordance with safety operation procedures, cooperate with full-time security officers, and accept the management of Party A and superior safety management departments to prevent accidents. All safety responsibilities caused by Party B shall be borne by Party B. ..
5. Ensure the project quality, and ensure that the project quality meets the requirements of the contract terms signed by Party A and the construction enterprise according to the specification requirements. In case of quality accident and delay in construction period, Party B shall be responsible for the punishment of the construction unit and the company.
6, adhere to the civilized construction, keep the construction site clean and tidy.
7. Do a good job in the warranty of engineering review. Due to the quality of Party B, Party B must do a good job of maintenance within the specified time. If Party B delays the maintenance time, Party A has the right to make other arrangements, and the expenses shall be borne by Party B. ..
Article 5. terms of payment
1. The budget of this project is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; The way to deduct the project advance payment is: _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The project payment is paid in the form of _ _ _ _ _ _ _, specifically:
(1) There is no advance payment for this project;
(2) Pay _ _ _ _% of the qualified completion project payment according to the monthly statistical report of completed engineering quantity and after being examined and confirmed by the supervisor and Party A;
(3) _ _% of the total project payment shall be used as the quality deposit, which shall be paid to Party B after the completion of the project without any quality problems or other breach of contract. On the other hand, if there are quality problems and other breach of contract, Party A has the right to directly deduct the quality deposit from Party B. If the losses caused to Party A exceed the quality deposit, Party B shall still compensate for the excess.
Article 6, safety management
1. The safety management personnel of this project shall be appointed by Party A according to the nomination of Party B.. In the process of organizing construction, Party B must establish and improve the project safety production guarantee system according to Party A's internal rules and regulations, establish and implement the responsibility system for safety production, ensure the necessary investment in safety facilities, purchase necessary labor protection articles, safety equipment and supporting facilities, eliminate hidden dangers of accidents and fully meet the needs of safety production; 2, mechanics, electricians and other special operations personnel must hold relevant certificates, strictly implement the relevant safety technical operation procedures, to ensure safe construction. Construction machinery, tools and electrical equipment used in the construction site are in good condition and can run safely;
3. In addition to setting up safety publicity placards on the construction site, safety signs and warning signs must be hung in dangerous places to ensure the personal and property safety of construction workers, passers-by and surrounding residents;
4. Party B shall not violate the operating rules, operate illegally or carry out brutal construction. In case of safety accident, Party B shall bear all legal responsibilities and expenses arising therefrom. If it affects Party A's reputation, it shall compensate Party A for its losses. Risk warning: the imputation of substandard project quality
If the project quality fails to meet the standards agreed in the contract due to the reasons of the Employer, the Employer shall bear the increased costs and/or delayed construction period, and pay reasonable profits to the Contractor.
If the project quality fails to meet the standards agreed in the contract due to the contractor, the Employer has the right to require the contractor to rework until the project quality reaches the standards agreed in the contract, and the contractor shall bear the increased expenses and/or delayed construction period.
Article 7. Quality warranty risk warning: the starting point of warranty responsibility.
The warranty period of the project is calculated from the date of project completion acceptance. The warranty period of specific sub-projects shall be agreed by both parties in the special contract terms, but it shall not be less than the statutory minimum warranty period. During the warranty period of the project, the contractor shall undertake the warranty responsibility according to the relevant laws and the contract.
If the Employer uses the project without completion acceptance, the warranty period shall be calculated from the date of transfer of possession.
1. During the quality warranty period, Party B shall undertake the quality warranty responsibility of this project in accordance with the management provisions of relevant laws, regulations and rules. If Party A is entrusted to handle it, the expenses required shall be borne by Party B;
2. Party B promises to undertake the warranty responsibility according to the quality warranty period stipulated in the construction contract signed by Party A and the construction unit. The quality warranty period is calculated from the date when the project is completed and accepted and delivered to the construction unit;
3. Party B shall guarantee the quality within _ _ _ days from the date of receiving the warranty notice. If Party B fails to organize the warranty within the agreed time limit, Party A may assign others to repair it, and the expenses shall be deducted from the quality guarantee fund;
4. In case of emergency repair accident, Party B shall immediately arrive at the scene of the accident for emergency repair after receiving the accident notice;
5. The quality problems involving structural safety shall be reported to the local construction administrative department immediately, and safety precautions shall be taken in accordance with the provisions of the Measures for Quality Assurance of Housing Construction Projects; The original design unit or the design unit with corresponding qualification level shall put forward the warranty scheme, and Party B shall carry out the warranty;
6. After the quality warranty is completed, the construction unit and Party A will organize the acceptance.
7. The warranty expenses shall be borne by the responsible party causing quality defects. Party B will not charge any fees for the quality problems caused by Party B's construction.
Article 8 Subcontracting and Subcontracting of Projects Party B shall not subcontract or subcontract all the projects or services involved in this contract to others.
Article 9. Termination of contract
1. In any of the following circumstances, Party A has the right to terminate this contract:
(1) If the construction is not carried out according to the design specifications, the supervisor will issue a rectification notice _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Failing to enter the site for construction for ten days, or delaying the construction period by _ _ _% more than the construction schedule in the same period;
(3) A major industrial accident occurs, or it is not handled in time after the industrial accident, which affects the progress of the project or the victim claims rights from Party A;
(4) The overdue materials and labor costs are not handled in time, resulting in the relevant personnel claiming rights from Party A. ..
2. If Party A fails to allocate more than% of the project payment according to the contract requirements, Party B has the right to terminate the contract.
3. After Party A terminates the contract, Party B shall clean up the site within _ _ days, and for each day overdue, Party B shall voluntarily pay _ _% of the total project price to Party A as liquidated damages. Risk warning: define the liability for breach of contract.
When signing a contract, both parties should think about the possible breach of contract and stipulate the corresponding punishment measures in the contract. By defining the responsibilities that need to be borne in case of breach of contract, all parties can be urged to truly fulfill their obligations. Once the contract is breached, there is evidence to follow.
Article 10 Liability for breach of contract: Party A and Party B shall perform this Agreement in good faith. Any party who violates the above terms and conditions, resulting in failure to perform or defective performance of this contract, shall bear the corresponding liabilities for breach of contract.
Article 11 Method of dispute settlement
1. In case of any dispute during the performance of this contract, all parties shall first settle it through friendly negotiation. If negotiation fails, the dispute can be settled through mediation or mediation. If the dispute cannot be settled through non-litigation methods, both parties may bring a lawsuit to the people's court of the place where the contract was signed, the place where the contract was performed and the place where the defendant lived.
2. If Party B brings a lawsuit in the name of Party A due to the needs of this project, Party A shall provide assistance, and Party B shall bear the relevant attorney fees, legal fees and preservation fees.
Article 12 This Agreement is signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 13 Matters not covered in this agreement shall be settled by both parties through consultation.
Party A (signature): legal representative: authorized representative (signature): _ _ _ _ _ _ _ _ _ _ _ Party B (signature): legal representative: authorized representative (signature): _ _ _ _ _ _ _ _ _.