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Consultancy agreement
Consultant Agreement 1 Party A (Employer): XX
Party B (Party B): XX
Party A employs Party B as a senior expert consultant in accordance with the relevant provisions of People's Republic of China (PRC) Contract Law. Through consultation, both parties reached the following agreement, which both parties shall abide by:
1. Party B shall provide Party A with comprehensive, diligent and prudent management services.
2. The duties of the senior consultant are: to provide consulting services for Party A's operation and management activities, to handle related affairs as entrusted, and to safeguard the legitimate rights and interests of Party A. ..
Three. Scope of work of the Senior Consultant:
1. At the request of Party A, provide opinions on major decisions of Party A's operation and management;
2. Accept the entrustment of Party A and participate in contract negotiation;
3. Participate in the negotiation and feasibility study of Party A's major economic activities, project construction, cooperation, joint venture and investment, and put forward suggestions and opinions;
4. Use my social prestige and resources to provide favorable support for the development of the enterprise;
5. Provide favorable intellectual support for the development of the company's related fields through its own professional knowledge and academic ability;
Four. Working mode of senior consultant: it is a loose working mode, and the specific working time and place shall be determined at any time according to Party A's proposal.
Verb (abbreviation for verb) Rights and obligations of both parties:
1. Party A has the right to ask Party B to perform the affairs within the scope of its duties and put forward reasonable suggestions and opinions; Party A shall actively assist Party B in its work, provide Party B with relevant information, necessary materials and office conditions, and ensure the smooth performance of the consultant's duties;
2. Party B has the right to know about the transaction, consult relevant documents and materials, know about Party A's production, operation, management and external activities, and attend relevant meetings convened by Party A; Party B has the obligation to keep confidential the secrets and related information of Party A known in the consultation.
3. When Party B handles Party A's affairs, the expenses incurred shall be reimbursed by Party A. ..
4. If Party B makes use of its own volunteer project to bring benefits to Party A, Party A will reward Party B in different degrees according to the situation.
Verification and payment of consulting service fee for intransitive verbs: Party A shall pay Party B a consulting fee of XXXX million yuan every year.
Payment time is:
Payment method is:
7. For matters not covered in this agreement, the contract signed by both parties through negotiation is an integral part of this agreement. Any dispute arising from the performance of this agreement shall be settled by both parties through consultation.
Eight. The agreement is valid for one year, from 20x65438+1 0/month to 20x65438+February 3 1. The contract can be renewed after its expiration.
Nine. This agreement shall come into effect as of the date of signature and seal by both parties, in duplicate, with each party holding one copy.
Party a: XX
Tel: XXXXXX
Party b: XX
Tel: XXXXXX
Chapter II of Consultant Agreement Party A:
Party B:
Party A and Party B have reached the following agreement on Party A's employment of Party B in accordance with the relevant provisions of the People's Republic of China (PRC) Contract Law, and signed this contract, which both parties shall abide by.
First, jobs.
Party A employs Party B as the company's general technical consultant, who is fully responsible for the company's technology development and research, technology innovation and improvement, technology confidentiality and management, technology guidance and consulting services.
Second, the employment time.
The total time is years, starting from a certain day of the year and ending on a certain day of the year. The contract is signed once a year, and both parties will sign it again when it expires every year.
3. Employment remuneration.
Party B's remuneration consists of two parts, one part is the annual salary of RMB yuan, and the payment method is RMB yuan per month, and the other part is paid in one lump sum at the end of the year. The second part is the reward of technological development achievements. According to each technology provided or developed that meets the marketing standards, if it can really bring economic benefits after several months of production and sales based on the technical achievements, Party B will be rewarded with RMB 10,000 yuan from the annual sales profit.
Four. Technological achievements and ownership.
Party B mainly provides and develops technologies or formulas for Party A. During Party B's work in Party A, the related intellectual property rights are owned by Party A for inventions and creations arising from performing duties or mainly using Party A's material and technical conditions and business information. Party A is free to use, produce, operate or transfer it to a third party within its business scope. Party B has no right to continue to use or transfer the technology after leaving the company.
Five, the technical achievements of the standard requirements and development time, acceptance method.
The experimental stage is from year month to year month, and the year month is the trial production stage.
Sixth, the duty of confidentiality.
1. Party B's confidentiality obligations during his tenure.
In addition to the need to perform duties, Party B also undertakes the following confidentiality obligations:
(1) During his tenure, Party B must abide by the confidentiality rules and regulations stipulated by Party A and perform the confidentiality duties corresponding to his post;
(2) Without the consent of Party A, Party B shall not disclose, inform, transfer or let any third party know the technical secrets or other business secrets belonging to Party A or others, but Party A promises to keep them confidential;
(3) Party B promises that during Party A's tenure, it will no longer hold any position in other enterprises, institutions and social organizations that produce and operate similar products or provide similar services, and will not provide any suggestions for others' similar operations without Party A's prior consent;
2. Party B's confidentiality obligation after leaving the company.
Both parties agree that after Party B leaves his post, no matter what reason he leaves his post, he will still bear the same confidentiality obligation and the obligation not to use relevant confidential information as during his tenure.
7. Party B shall abide by the company's management system or financial system during his tenure.
Party B's accommodation in the post shall be provided by the person in charge of Party A, and the travel expenses shall be borne by the company.
Eight. responsibility for breach of contract
If either party violates this contract and causes losses to the other party, it shall be liable for breach of contract according to the size of the losses.
Nine. Settlement of disputes
This contract shall come into effect after being signed and sealed by both parties. Disputes arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, it shall be settled through arbitration or legal channels.
X this contract is made in duplicate, with the same legal effect, and each party holds one copy.
Party A: Party B:
(signature) (signature)
Date of signature: year month day.
Signing place:
Chapter III of the Consultancy Agreement Party A:
Party B: Wang Yuanfeng.
On the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on Party A's employment of Party B as a part-time technical consultant, and both parties shall abide by it.
I. Jobs and Responsibilities
Party A employs Party B as the company's technical consultant, responsible for the company's technical training, technical innovation and improvement, technical confidentiality and management, technical guidance and technical consulting services.
Its specific job responsibilities are:
1. Provide opinions and technical consultation for the software project to be started by Party A. ..
2. According to the technical requirements of Party A's project, provide relevant technical guidance and training for the staff of Party A's project team to meet the development needs of the project.
3. According to Party A's authorization, provide technical support and guidance to Party A's technical department, including but not limited to: recruitment of technical personnel, formulation of management rules, formulation of work standard procedures, technical handover of resigned employees, technical docking of new employees and other work items that are conducive to the development and work needs of the technical department.
4. Design relevant forms and document templates for Party A's technical department according to work needs, including but not limited to: technical handover schedule, daily work report, project task book, confidentiality agreement, project WBS (work breakdown structure) table, project schedule table, project risk management table, project communication schedule table, project status report table, project change management table, etc. ......
5. During the agreement period, Party B has the obligation to undertake the project management and technical support of the two projects owned by Party A, and Party B will not participate in the specific development and coding work, but for the technical difficulties, Party B has the obligation to write sample programs and explain the principles and usage methods to the project team members.
6. Party A shall provide convenience and support for Party B's work, and provide Party B with office equipment and other supplies when necessary.
7. According to the requirements of Party A, Party B shall come to Party A at least once a week to attend relevant meetings or work discussions of Party A..
8. Party B will not participate in business trip in principle, but it can be settled by both parties through consultation if necessary. If Party B goes on a business trip according to Party A's needs, Party A must bear all the accommodation and other expenses of Party B's business trip, including inviting guests to dinner, giving gifts and entertainment. ........................................................................................
9. During the working period, the position of Party B's work reporter is: contact information:.
10. Work items not agreed in this contract shall be settled by both parties through consultation.
Second, the employment period and working hours
1. The winning time is one year, starting in 20xx and ending in 20xx. After the expiration of the contract, this agreement will automatically become invalid. If it is necessary to renew the contract, both parties should negotiate to sign it again.
2. Party B has flexible working hours and is not on duty, but needs to keep the communication open. Party A shall call a meeting of Party B three days in advance. If there is no special reason, Party B shall attend the meeting on time.
Three, employment remuneration and work expenses, social insurance
1. Party B's salary consists of fixed remuneration and project bonus. The fixed remuneration is RMB yuan per year, calculated from the date when Party A signs this contract.
Account name: Wang Yuanfeng.
Project bonus: 5- 10% of the total amount of the project target (specifically negotiated according to the difficulty of the project). After the project is completed and passed the customer's acceptance, Party A shall pay Party B in one lump sum.
2. Travel expenses and entertainment expenses incurred due to work needs shall be implemented according to relevant regulations of Party A. ..
3. In view of Party B's part-time job, Party A does not handle any social insurance for Party B, and Party B does not enjoy any benefits of Party A's employees.
Four. Technological achievements and ownership
1. Party B mainly provides technical consultation for Party A. During Party A's part-time job, inventions, works, computer software, technical secrets or other business secret information generated by Party B due to performing his duties or mainly using Party A's material and technical conditions and business information belong to Party A. ..
2. Party A can fully and freely use these inventions, works, computer software, technical secrets or other business secret information within the business scope to apply for rights protection, production and operation or transfer to a third party.
3. Party B shall, according to the requirements of Party A, provide all necessary information and take all necessary actions, including application and registration, to assist Party A in obtaining and exercising relevant intellectual property rights.
4. Party B has no right to continue to use or transfer the technology after leaving the company.
Verb (abbreviation of verb) confidentiality responsibility
1. Party B's confidentiality obligations during his part-time job. Except for the need of performing duties, Party B promises to undertake the following confidentiality obligations:
(1) During the part-time job, Party B must abide by any written or unwritten confidentiality rules and regulations formulated by Party A and perform the confidentiality duties corresponding to his post;
(2) Without the consent of Party A, Party B shall not spy on business secrets irrelevant to its own work or business;
(3) Without the consent of Party A, no third party (including other members of Party A who are not allowed to know secrets according to the confidentiality system) shall be allowed to know the technical secrets or other business secrets belonging to Party A or others, but Party A promises to keep them confidential;
2. Party B's confidentiality obligations after leaving the company.
Both parties agree that after Party B leaves his post, no matter what reason he leaves his post, he will still bear the same confidentiality obligation and the obligation not to use relevant secret information as during his part-time job.
Liability for breach of contract of intransitive verbs
If either party violates this agreement and causes losses to the other party, it shall be liable for breach of contract according to the size of the losses.
Seven. Settlement of disputes
This agreement shall come into force after being signed and stamped by both parties. Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to Xi Arbitration Commission for arbitration in accordance with its arbitration rules.
Eight. others
This contract is made in duplicate, signed and sealed by both parties, and will take effect after the payment formalities are completed. The two contracts have the same legal effect, and each party holds one copy.
Consultation agreement 4 I. Purpose and scope of consultation
1. In order to improve the quality management level, establish and improve the food hygiene and safety system and obtain the certification certificate, Party A specially invites Party B to provide consulting services for its food hygiene and safety system certification (hereinafter referred to as consulting).
2. Product/service scope covered by Party A's food hygiene and safety system: _ _ _ _ _ _ _ _.
3. Number of people covered by Party A's food hygiene and safety system: _ _ _ _ _ _ _.
Two. Party A's responsibilities
1. The top leader personally arranges, guides and urges the development of this work;
2. Actively provide Party B with quality-related management and technical information of the enterprise;
3. Provide working environment and necessary living and material conditions for consultation;
4. Designate a management representative to be responsible for the management of the establishment of food hygiene and safety system, and provide corresponding management personnel and technical personnel, set up an office of food hygiene and safety system, and set up a document writing team;
5. Actively assist and support Party B's consulting work, and carry out the work according to the consulting plan and requirements.
Three. Party B's responsibilities
1. Guide Party A to establish and improve the food hygiene and safety system according to the requirements of haccp series standards and Party A's actual situation, including:
A) Guide Party A to make plans for establishing a food hygiene and safety system.
B) Conduct haccp series standard publicity training, internal auditor training and food hygiene and safety system document writing training for Party A's relevant personnel.
C) Guide Party A to improve relevant supporting documents.
D) Guide Party A to formulate the trial operation plan of the quality management system and guide its implementation.
E) Guide and participate in Party A's internal quality management system audit and management review, point out the existing problems and put forward improvement suggestions.
2. Send experts to Party A's site to guide the establishment and improvement of food hygiene and safety system.
3. Guide Party A to implement it according to the requirements of the food hygiene and safety system documents, so that the food hygiene and safety system can operate effectively.
4. Conduct compliance audit before Party A applies for certification audit, so that Party A's food hygiene and safety system meets the standard requirements and meets the conditions for obtaining certification.
5. Assist Party A in preparing to apply for quality certification from quality certification institutions.
Four. Time limit and place of contract performance
1. Performance period: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Place of performance: the location of Party A. ..
Verb (abbreviation for verb) confidentiality agreement
1. Party A shall not disclose the contract price (consulting fee) to a third party in any way.
2. Party B shall not disclose Party A's operation, production status and technical information to a third party in any way, except the following circumstances:
A) Information known by Party B before the signing of this Contract or information made public by Party B;
B) When required by national laws and regulations.
VI. Acceptance and evaluation methods for qualified consultation
According to the responsibilities of Party A and Party B, Party A's food hygiene and safety system passed the audit of the food hygiene and safety system certification body and obtained the haccp certification, that is, it passed the consultation.
1. Fees, payment method and time limit: Fees: According to the agreement between Party A and Party B, the amount of consulting fees that Party A should pay to Party B is RMB _ _ _ _ _ _ _ _ _.
2. Payment method: Party A shall pay all the expenses to Party B in two installments:
A) After signing the contract, Party A shall pay the first consulting fee (50%) to Party B within 3 days after Party B's consultant arrives at the site to start work: _ _ _ _ _ _ _ _.
B) Within 3 days after Party A's comprehensive management system has passed the on-site audit and applied for certification, Party A shall pay the remaining expenses (50%) to Party B: _ _ _ _ _ _ _.
3. The materials required for training shall be prepared by Party A or provided by Party B (the cost of each set is RMB _ _ _ _ _ _ _ _ _ _).
4. Party A shall bear the necessary transportation and accommodation expenses for Party B's consultants and management personnel to and from Party A's site for the execution of this contract.
Seven. risk
1. The losses caused by Party A's failure to carry out or complete the consultation and certification work shall be borne by Party A;
2. If Party A fails to pass the certification due to Party B's failure to complete the consultation and certification or Party B's failure to give guidance, Party B will not charge any fees to Party A, and the losses caused thereby shall be borne by Party B;
3. If losses are caused by force majeure, this contract can be extended through negotiation between both parties.
Eight. responsibility for breach of contract
1. After the signing of this contract, before Party B formally negotiates, if Party A breaches the contract and fails to perform this contract, Party A shall bear 70% of the expenses incurred by Party B in preparing to perform this contract; If Party B breaches the contract and fails to perform this contract, Party B shall bear 70% of the expenses incurred by Party A for preparing to perform this contract.
2. If Party A breaches the contract halfway, so that Party B's consulting work cannot be carried out, Party B has the right to terminate this contract without returning the consulting fee already collected, and at the same time, Party A pays Party B a penalty equivalent to 3 times the consulting fee; If Party B breaches the contract, it shall refund the consulting fee it has received, and at the same time pay a late fee equivalent to 3 times the consulting fee to Party A..
Nine. Unfinished matters, amendments and differences
If there are any unfinished matters, amendments and differences, Party A and Party B shall settle them through friendly negotiation; And can sign supplementary terms, which have the same legal effect.
X this contract is made in duplicate, and shall come into effect as of the date of signature and seal by both parties, with each party holding one copy.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Representative (signature): _ _ _ _ Representative (signature): _ _ _ _ _ _
attachment
supplementary terms
After negotiation, Party A entrusts Party B to take charge of this service, and hereby formulates the following supplementary terms:
1. The certification fee has been included in Article 8 of the contract terms. Party B is responsible for helping Party A recommend certification centers.
2. With the strong cooperation of Party A, Party B shall ensure that Party A passes the certification at one time.
3. Selection of certification bodies (please tick the selected items).
Domestic □ Foreign □
From the date of signing this contract, Party A entrusts Party B with full authority to act as agent until obtaining the certificate.
Project Name: Certification and Consultation of Quality and Environment Integrated Management System
Entrusting party (Party A): _ _ _ _ _ _ _
Consultant (Party B): _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. Based on the principles of equality, mutual benefit, honesty and credibility, both parties have entered into this agreement through friendly negotiation.
Two. Party B agrees to authorize Party A to handle the _ _ _ _ _ _ _ _ business license on behalf of Party A according to the provisions of this Agreement.
Three. The scope of agency consulting services provided by Party A to Party B is as follows:
1. As the agent of Party B, it holds the _ _ _ _ _ _ _ business license.
2. Provide Party B with relevant consulting services.
Four. Scope of responsibility of Party B:
1. Actively assist Party A in providing relevant company information.
2. Party B shall not disclose the relevant information provided by Party A to a third party, otherwise it shall compensate Party A at 10 times the amount of this agreement.
3. Party B shall not provide Party A with information that is false, untrue or violates national laws and regulations.
Verb (abbreviation for verb) payment of expenses
1. The expenses of this agreement shall be paid in RMB.
2. The total amount of this agreement is RMB _ _ _ _ _. This amount is the agency consulting fee, excluding the fees that should be paid to other departments.
3. Within 3 days after this agreement comes into effect, Party B shall pay 60% of the total amount of this agreement, and Party A shall issue a corresponding receipt for Party B. ..
4. Within 3 days after the communication management department approves Party B's application for _ _ _ _ _ _ _ license, Party B shall pay 40% of the total amount of this agreement, and Party A shall issue an invoice for Party B. ..
6. The expenses of communication and transportation shall be borne by Party A.. The communication, transportation and expenses paid by Party B to the relevant departments shall be borne by Party B. ..
7. Both parties shall keep all information provided by the other party confidential and shall not disclose it to a third party without the written consent of the other party.
Eight. If Party B fails to apply for the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Nine. If the application for _ _ _ _ _ _ _ license fails due to Party A's reasons (except those mentioned in the preceding article), Party A will refund 60% of the total amount of this agreement paid by Party B, and will not charge the remaining 40% of the total amount of this agreement, and return all information to Party B. ..
X all disputes arising from the execution of this agreement between party a and party b shall be settled through friendly negotiation.
1 1. If Party A fails to handle it successfully within 3 months, Party A will refund 60% of the total amount of this agreement paid by Party B, and will not charge the remaining 40% of the total amount of this agreement, and return all the materials to Party B. ..
12. This Agreement shall come into effect after being sealed by both parties and signed by authorized representatives. This agreement is made in duplicate, each party holds one copy, which has the same effect. Valid for one year. During or after the execution of this Agreement, Party A shall have the priority to handle the annual inspection of _ _ _ _ _ _ _ _ _ on behalf of Party B.. Unless otherwise stipulated by both parties, the faxed copy of this agreement is valid.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Authorized representative (signature): _ _ _ _ Authorized representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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