Thank you for choosing Bing Speed (Suzhou) Technology Services Co., Ltd. to provide you with services. Our company will rely on its comprehensive strength to provide you with efficient and professional services.
Party A: the full name of the client company (hereinafter referred to as " Party A ")
Contact address: automatically brought in, if not filled in, it will be empty
Party B: Bing Speed (Suzhou) Technology Services Co., Ltd. (hereinafter referred to as " Party B ")
Contact address: Room 2401, Building 2 , Xintianxiang Commercial Plaza, No. 388 Suya Road, Suzhou Industrial Park
(Under this Agreement, Party A and Party B are collectively referred to as the “Parties”, and each is referred to as a “Party”.)
1. Definition and explanation:
1. "Bing Speed" service platform: Bing Speed service platform (hereinafter referred to as : this platform) is a global, cross-industry integration digital one-stop service platform for the intelligent manufacturing industry. Ensure accurate docking, rapid response and intelligent services for the various needs of customers using this platform.
2. Engineer : refers to an individual who is self- service , self-managed, bears his own costs, is responsible for his own profits and losses , and is responsible for his own responsibility , and provides legal and compliant technical services through Party B’s platform.
3. Service : refers to the technical services provided by Bing Speed to customers and suppliers for factory expediting and inspection, including corresponding reports .
4. Income from production and operation : refers to the income earned by engineers from engaging in production and operation activities.
5. Competent tax authority : refers to the competent tax authority at the place of registration of Party B. It is also the competent tax authority for Party B to withhold and pay personal income tax from production and business operations for engineers.
6. Tax collection : refers to Party B’s act of collecting taxes from engineers in the name of the competent tax authority on the production and operation income obtained through Party B’s platform in accordance with the requirements of the “Letter of Entrustment for Collection” issued by the competent tax authority.
7. Agent tax declaration : refers to the act of Party B accepting the entrustment of the engineer to file tax declarations on its behalf to the competent tax authorities on its production and operation income obtained from Party A.
In accordance with the provisions of the "Civil Code of the People's Republic of China", the "Electronic Commerce Law of the People's Republic of China" and other relevant laws and regulations, Party A and Party B follow the principles of equality, voluntariness and legality, and after friendly negotiation between the two parties, they have reached an agreement through the "Bing Express" platform. After consultation on service-related matters, the following terms were reached and this agreement was signed.
1. Cooperation content and service cycle
1. Party A is the name of the company
Due to the need for professional third-party engineer services, Party A publishes the specific service content (inspection/factory audit/installation, commissioning and maintenance) projects on Party B's platform, and the engineers receive orders through the "Bing Express" platform to provide services to Party A. Party B is responsible for the online identity authentication, personnel matching, and supervision of the engineer project management process and completion ; Party A is responsible for accepting the offline matching delivery of engineers and payment of project service fees.
2.Service cycle
This agreement is valid for [ bringing ] days, starting from [bringing] month [bringing] day of [2024] to [bringing] month [bringing] of [2024] , and the service period is the same as the term of this agreement.
2. Service content
1. The projects required by Party A will be distributed and displayed through the "Bing Express" platform.
2. Order-receiving engineers who contract business through the "Bing Express" platform should meet the following conditions:
(1) 20-65 years old;
( 2 ) Hard-working, cheerful personality, good communication skills and teamwork skills;
(3) Have relevant work experience or technical ability.
3. Service methods
1.Online management:
(1) Party A creates a task on the "Bing Express" client, and the "Bing Express" operation backend will review the order. After passing the review, qualified engineers will be matched according to the project needs and the task will be assigned.
(2) Party B guides engineers to receive orders on the "Bing Express" engineer terminal, and provides services only after passing engineer certification.
(3) Party B shall use the "Bing Express" platform to supervise the service process of the engineers who undertake the business, and provide relevant acceptance data (including but not limited to reports) of the service personnel within the agreed time after the completion of the project.
(4) After the engineer completes the task, Party A will pay the corresponding service payment to Party B within 20 days, and Party B will assist the engineer who temporarily provides production and operation services to complete the tax collection work.
(5) If the engineer is injured in an accident or causes personal injury or property loss to Party A, Party B or other third parties in the process of completing the task , Party A shall bear the responsibility and has nothing to do with Party B.
(6) During the project service process, if the engineer claims that there is a labor relationship/service relationship with Party B, and then demands various benefits and compensation based on the labor relationship/service relationship, causing Party B to bear any economic losses, Party B has the right to demand that Party A Party B shall compensate or indemnify Party B in the same amount as Party B’s losses.
( 7 ) Any legal disputes arising from any commercial activities of Party A based on the "Bing Speed" platform shall be borne by Party A and have nothing to do with Party B.
4. Fees and Payment
1. Accounting standards:
(1) Reference standard for settlement of service fees for engineers who receive orders through the "Bing Express" platform: Settlement on a daily basis
(The specific settlement price is determined based on actual results)
(2) The fees paid by Party A to Party B include service fees and insurance premiums due to the engineer. Party B needs to deduct the insurance premium before settling the service fee with the engineer. (If it is self-operated, the relevant business documents signed offline by both parties shall prevail)
Party B shall conduct settlement operations with the engineer based on the settlement details provided by Party A and inform Party A.
The service fee settlement cycle is:
When placing an order, Party A pays a certain percentage of advance payment in accordance with the platform's requirements , and the balance is settled within 7 working days after the service is completed .
Invoicing:
Party A can apply for online invoicing for completed service orders within the platform .
5. Party A’s rights and obligations
1. Party A releases projects through Party B’s “Bing Express” platform according to its own needs. Party A should actively clarify project needs and engineer needs, and set service standards and target requirements for the achievement of the service project. At the same time, Party A should urge and supervise engineers not to violate relevant laws and regulations.
2. After the engineer completes Party A's service project, Party A shall truthfully make settlements based on the engineer's production and business activities based on the "Bing Speed" platform and the service standards and target requirements of Party A's service project, and pay Party B in full and on time. service fee and shall independently bear any legal liability related to the engineer.
3. Party A shall be responsible for the authenticity, accuracy and legality of the settlement. If there is an error in the settlement due to Party A's fault, causing an error in Party B's settlement, Party A shall bear the relevant responsibilities.
4. The personal information that Party A promises to legally provide to Party B for business needs or share with Party B legally has obtained the consent of the engineer's personal information subject. At the same time, Party A authorizes Party B to use the personal information legally collected by Party A (including but not limited to the name of the natural person, company information, order quantity and cost, etc.) for the purpose of completing the cooperation in this agreement. The above-mentioned "personal information" refers to various information recorded electronically or by other means that can identify a natural person's personal identity alone or in combination with other information, including but not limited to the natural person's name, ID number, phone number, etc.
5. The service projects released by Party A through Party B’s “Bing Express” platform are designed and generated based on Party A’s legal business scope. Party A is responsible for the authenticity and legality of the content of the service projects. Party A shall not entrust Party B to publish service projects on "Bing Express" beyond the legal business scope, and the service projects must comply with the current laws and regulations of the People's Republic of China. Party A will be responsible for any violations, violations and legal consequences caused by this. , has nothing to do with Party B and Party B’s “Bing Express” platform; if Party B bears any legal liability due to Party A’s violation of the provisions of this article, Party B has the right to seek compensation from Party A.
6. When the engineer provides services to Party A, Party A is responsible for the personal safety of the engineer. If Party A fails to pay the service fee in time, causing Party B to delay settlement with the engineer, Party A will be responsible for any losses caused to Party B.
6. Party B’s rights and obligations
1. Party B shall provide relevant services to Party A through the "Bing Express" platform in response to the needs released by Party A, select suitable engineers to receive orders, pay corresponding service fees to the engineers, and comply with the tax collection authorization granted by the competent tax authorities. Authority to levy personal income tax and administrative charges (if applicable) from engineers.
2. Party A is responsible for the interpretation of the review of project completion, and Party B supervises Party A's implementation.
3. Party B and Party B's "Bing Express" platform shall properly preserve the personal information of engineers and the information data and acceptance data generated by Party A in response to demand release, and shall not disclose or sell the personal information of engineers to any third party other than Party A and Party B. The technical partners of Party B's platform are not within the scope of any third party, but if the personal information of engineers is leaked due to the technical partners of Party B's platform, Party B will recover the corresponding legal and economic responsibilities from the platform partner.
7. Force majeure
1. If any party to this agreement is affected by a force majeure event (a force majeure event refers to an unforeseeable or unavoidable event that cannot be overcome, including but not limited to floods, fires, droughts, typhoons, earthquakes and other natural disasters, strikes and actions of government departments). Failure to perform all or part of its obligations under this Agreement due to failure to act), the performance of such obligations shall be suspended during the duration of the force majeure event.
2. The party claiming to be affected by a force majeure event shall notify the other party of the occurrence of the force majeure event in writing as soon as possible and inform the other party of the occurrence of the force majeure event within fifteen (15) working days after the occurrence of the force majeure event. Appropriate evidence of the event and its duration is provided to the other party. The party that claims that a force majeure event makes its performance of this Agreement objectively impossible or impractical is responsible for making every possible and reasonable effort to eliminate or mitigate the impact of this force majeure event on its performance of its obligations under the Agreement.
3. After the force majeure event occurs, the parties shall immediately decide how to implement this agreement through friendly consultations. After the force majeure event is eliminated or its impact is terminated, each party must immediately resume performance of its respective obligations under this Agreement.
8. Confidentiality
1. Either party shall strictly keep confidential any undisclosed materials and information obtained during the negotiation, signing and performance of this contract. Except where disclosure is required by laws and regulations or required by government departments, the other party must be notified in advance.
2. No party to this contract shall disclose the contents of this contract to a third party, except when required by laws and regulations or required by government departments.
3. The obligation of confidentiality shall remain valid for ten years after the termination of this contract.
9. Effective changes and termination of the agreement
1. This agreement may be changed or terminated in advance upon mutual agreement between Party A and Party B.
2. If any of the following circumstances occurs, Party A may terminate this agreement at any time and has the right to require Party B to bear corresponding liability for breach of contract and compensate for corresponding losses:
(1) Party B fails to provide platform services in a timely manner as required;
(2) Party B’s publicity negligence has caused serious negative impact on Party A, resulting in a serious decline in Party A’s social evaluation.
When Party A terminates this agreement due to the above circumstances, it has the right to require Party B to compensate Party A for all losses suffered.
3. If any of the following circumstances occurs, Party B may terminate this agreement at any time and has the right to require Party A to bear corresponding liability for breach of contract and compensate for corresponding losses:
(1) Party A arranges engineers to engage in activities that are illegal, harmful to social morals, or seriously damage the interests of Party B;
(2) Party A fails to pay the service fee on time;
(3) Due to Party A’s publicity errors, Party B has a serious negative impact, resulting in a serious decline in Party B’s social evaluation.
When Party B terminates this agreement due to the above circumstances, it has the right to require Party A to compensate Party B for all losses suffered.
4. If the purpose of the contract cannot be achieved due to force majeure factors, either party may terminate this agreement without each other being liable for breach of contract , but the expenses incurred shall be settled accordingly .
5. Before the expiration of the performance period, if one party expressly expresses or shows by its own behavior that it will not perform its major obligations, or one party delays performance of its obligations or commits other breaches of contract that make it impossible to achieve the purpose of the contract, the other party may unilaterally terminate this agreement.
6. During the term of the agreement, if one party is dissolved or revoked in accordance with the law or its subject qualifications are revoked for other reasons, the other party may regard this agreement as terminated.
10. Liability for breach of contract
1. Any party's violation of this Agreement shall constitute a breach of contract by that party; unless otherwise provided in this Agreement, the breaching party shall bear the liability for breach of contract to the non-breaching party and compensate the non-breaching party for all losses, liabilities and compensations suffered or incurred by the non-breaching party. Fees or expenses (including but not limited to reasonable attorney fees, litigation fees, notary fees, etc.).
2. If Party B encounters the following breach of contract, Party A has the right to make corresponding demands and compensation:
If Party B violates the provisions of this Agreement and fails to provide the services agreed upon by both parties, causing Party A to be seriously affected, Party A has the right to urge Party B in writing and require Party B to perform its obligations immediately. If Party A suffers serious losses, Party A has the right to pursue compensation from Party B. All losses suffered by Party A as a result.
3. If Party A encounters the following breach of contract, Party B has the right to make corresponding demands and compensation:
During the validity period of the agreement, if Party A fails to fulfill its payment obligations, Party B has the right to require Party A to bear 0.05% of the overdue payment amount as liquidated damages for each overdue day, and Party B has the right to use Party A's overdue payment amount as the interest-bearing principal. , calculate the interest payable by Party A at 0.05%/day.
If Party A violates this agreement and causes damage to the engineer or any third party, Party A shall independently bear all legal responsibilities in its own name, and shall ensure that Party B and the "Bing Speed Pai" platform are protected from losses or increases resulting therefrom. cost. If Party A's conduct causes Party B and the "Bingxupai" platform to suffer any losses, or is subject to claims from engineers or any third party, or is punished by any administrative department, Party A shall compensate Party B for all losses suffered thereby ( That is, direct losses and losses that can be foreseen when signing this agreement) and/or expenses incurred, including but not limited to reasonable attorney fees, arbitration fees, investigation and evidence collection fees, notary fees, etc.
4. The provisions of this Agreement regarding remedies in case of breach of contract (including requiring liability for breach of contract and rescission of the agreement, etc.) are cumulative and can be applied selectively or at the same time.
5. If either party breaches any provision of this Agreement, either party may issue a written breach reminder to the other party, requiring the breaching party to perform the agreement or take necessary economic remedies. In addition to making compensation, the other party has the right to terminate this agreement at any time.
6. If some or all of the terms of this Agreement cannot be performed due to government actions or force majeure factors, the party suffering the act shall not be liable for breach of contract. The aforementioned government actions include but are not limited to the failure of Chinese government agencies to grant or cancel the corresponding business qualifications or rights of Party A and Party B.
11. Controversy
Any disputes arising between Party A and Party B during the performance of this Agreement shall be settled through friendly negotiation between the two parties. If the negotiation fails, the dispute shall be under the jurisdiction of the People's Court where Party B is located.
12. Effective
This contract comes into effect upon signature by both parties. It is made in two copies, each holding one copy, and has the same legal effect.
( No text below )
Party A (signature and seal): Party B (signature and seal):
Signing time: year month day Signing time: year month day