Contract for the provision of agency services to find buyers. Agency agreement for the provision of intermediary services to find clients

Many firms look for clients for developing business entities on a professional basis. Before starting mutually beneficial cooperation, you should conclude an agency agreement for the provision of intermediary services to find clients. The rules for compiling this document are established by the norms of the Civil Code of the Russian Federation.

What is a contract

The agency agreement implies that one of the parties (the agent) is obligated to provide a specific type of service (search for clients) that was entrusted to it by the other party (the principal). This agreement is referred to as bilateral transactions, which are of a compensatory nature and may be veiled interpretations of other agreements.

In a situation where the agent acts on behalf of the principal, such an agreement is largely similar to a contract of agency. If the execution of orders is carried out on behalf of the agent, then such an agreement is identified with a commission agreement.

The most popular is the agency agreement, the subject of which is the provision of intermediary services to find customers, it is used in the service sector (legal, consulting, tourism). Also, companies that deal with real estate transactions are also asked to find new clients.

Requirements for the content of the agency agreement for the provision of intermediary services

The following conditions must be included in the text of the agreement:

• advertising;
• standards for promotion;
• the main nuances of customer service, which include ways to carry out pre-sale preparation, design features of office space, response time to customer requests, appearance of staff;
• terms, as well as the mechanism for reporting, if such a period is not specified in the contract, then the agent provides a report on the services rendered based on the results of the execution of the order, as a rule, the report should contain information

If you are going to enter into an agency agreement in the near future for the provision of intermediary services in the field of customer search, then you should pay attention to the possible restrictions for its parties.

These restrictions include the following:

1. The principal may be limited in carrying out an independent search for clients in a territory clearly defined in the contract.
2. The agent may be restricted in relation to the conclusion of similar contracts with other clients. For example, if you are a principal and are in the same territory with another client with similar interests, then the search for clients by an agent at the same time for two principals will not be as effective as in a situation where client search is carried out for one principal in this area.
3. Restrictions on the actions of the principal, which relate to the conclusion of similar transactions with other agents providing similar services in a particular region.

Basic details

The agency agreement for the provision of customer search services must necessarily contain the components provided for by the current legislation for such contracts.

What this document includes, you can find in the table below.

It is also necessary to take into account the general requirements for similar agreements by the norms of the Civil Code.

Intermediary services to find new customers

Often, attracting new customers may be necessary in the event of expanding the region of representation of their goods, works, and services. At the same time, the firm is faced not only with questions regarding the amount of payment for the execution of instructions, the distribution of duties and rights, but also the tasks of the organizational plan.

On the video about the conclusion of the agency agreement

So, in order to fill out a sample contract for the provision of services for the selection of clients, you should use the above rules and focus on the norms of the current legislation in order to avoid negative consequences.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Principal instructs, and the Agent assumes the obligation to search on behalf and at the expense of the Principal for organizations (including individual entrepreneurs) interested in providing accounting and auditing services by the Principal. Hereinafter, the organizations involved through the Agent are referred to as the "Client".

1.2. The order is considered fulfilled if the organization sent by the Agent to the Principal in accordance with clause 1.1 of this Agreement has concluded an accounting support agreement with the Principal (outstaffing, for conducting an initiative audit, for the provision of consulting services, for financial analysis).

1.3. For the execution of the specified order, the Principal pays the Agent a fee in accordance with the terms of this Agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The agent undertakes:

2.1.1. In accordance with the instruction of the Principal, search for potential clients of the Principal - legal entities and individual entrepreneurs and negotiate with them in order to conclude a contract for the provision of services with the Principal. The Agent is guided by the information on the terms of cooperation with the Principal contained in the price list provided by the Principal.

2.1.2. The Agent does not have the right to independently conclude contracts with Clients, and is obliged to send them to the Principal's office for paperwork, or to provide the Principal's contact information. Or - send the Principal to the clients attracted by him, the Agent, to conclude the Agreement.

2.1.3. Within days after the successful involvement of the Client, submit reports to the Principal on the implementation of this assignment, as well as control the inclusion of each new client in the list of the Agent's clients. The form of the report is Appendix No. to this Agreement.

2.1.4. The agent is not entitled to make any expenses aimed at the execution of this order.

2.1.5. Perform other duties stipulated by the current legislation of the Russian Federation.

2.2. The principal undertakes:

2.2.1. Provide the Agent with reliable information necessary for the execution of this order on the conditions for the provision of services by the Principal specified in clause 1.1. actual agreement.

2.2.2. Keep a record of the Clients attracted through the Agent and timely accrue remuneration.

2.2.3. Within working days from the moment the Agent submits a report on the execution of the order, sign it or inform the Agent about the reasons for refusing to sign the submitted report.

2.2.4. The Principal is obliged to pay the Agent a fee in the amount and in the manner specified in clause 3.1. actual agreement.

3. AMOUNT OF REMUNERATION AND PAYMENT PROCEDURE

3.1. From each Agreement concluded by the Principal with the Client, attracted through the Agent, the Principal pays the Agent a remuneration in the amount of % in a lump sum and % of all subsequent amounts paid by the Client during the validity of the Agreement concluded between the Principal and the Client. The amounts received to the Client's account from the Principal as remuneration under similar Agency Agreements are not taken into account in the calculation of remuneration.

3.2. The Principal pays remuneration to the Agent in the amount specified in clause 3.1. of this Agreement, within business days from the date of receipt of payment from the Client.

3.3. The remuneration is paid by transferring funds to the Agent's settlement account.

4. SPECIAL CONDITIONS

4.1. The Principal believes that the Client has entered into an Agreement with him through the Agent and, accordingly, approves the report and pays the Agency fee for this Client in the following cases:

4.1.1. When concluding the Agreement with the Principal, the Client verbally mentions the recommendation of the Agent.

4.1.2. The Agent notifies the Principal in advance of the possibility of concluding an Agreement with the Client.

4.1.3. Clients under the Agency Agreement cannot be transferred to another Agent in any way.

4.1.4. The obligation of the Principal to pay the agency fee arises only in respect of those payments of the Clients that were received after the signing of this Agreement by the Agent and the Principal.

4.1.5. If the Agent has several different service agreements with the Principal, then none of these agreements can be considered a Client agreement in relation to other agreements of this Agent.

5. RESPONSIBILITIES OF THE PARTIES

5.1. For non-performance or improper performance of obligations under this Agreement, the parties are liable in accordance with applicable law.

5.2. The Agent assumes limited liability for the fulfillment by the Client of the agreement with the Principal. In case of termination of the Agreement between the Principal and the Client on the return of unused funds, the Principal charges the Agent a fine in the amount of % of the amount returned to the Client.

5.3. Neither party to this Agreement shall be liable to the other party for failure to fulfill obligations due to circumstances that arose beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, earthquakes, floods, fires and other natural disasters.

6. DISPUTES RESOLUTION

6.1. All disputes and disagreements between the parties arising during the period of validity of this Agreement shall be resolved by the parties through negotiations.

6.2. In case of failure to resolve disputes and disagreements through negotiations, the dispute is subject to resolution by the Arbitration Court of the Sverdlovsk Region in accordance with the legislation of the Russian Federation.

6.3. The provisions not regulated by this Agreement shall be governed by the provisions of the current legislation of the Russian Federation.

7. TERM OF THE CONTRACT

7.1. This Agreement is valid from the moment of signing the Agreement by both parties, within one calendar year.

7.2. Upon the expiration of this Agreement, if none of the parties has made a proposal to terminate it one month before the expiration of the term, the Agreement shall be considered prolonged for one year.

8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Principal

Agent Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

9. SIGNATURES OF THE PARTIES

Principal _________________

Agent _________________

Please note that the agency agreement is drawn up and verified by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

An agreement is concluded between two parties: the principal and the agent. The first is a company that provides certain services or sells goods. The latter is a person who searches for customers, informs them about the product, and concludes deals. The agent works exclusively with uniform forms provided by the principal, receives a certain remuneration for the services rendered. At the same time, both parties are obliged to comply with all the conditions stipulated by this document, fulfilling all the obligations stipulated by it.

Rules for filling out the contract

Initially, the header of the document is filled in, where the date of the conclusion of the agreement is written, as well as the full data of both parties. The following points are listed below:

• the period during which the agent must transfer the money received from customers to the account of the principal;
• the percentage that the agent receives from each cooperation agreement signed with the customer;
• the period after which the contract can be terminated if one of the parties fails to fulfill its own obligations;
• way of resolving conflict situations;
• Additional Information.

Any business for successful development needs to expand its customer base. One of the convenient means of delegation of authority in this direction is the involvement of agents in the search for clients. To regulate relations, the parties enter into an agency agreement.

The concept of an agency agreement

An agency contract or buyer search agreement provides that the agent will provide customer search services for the principal, that is, the entrepreneur whose goods or services need to be sold to the agent.

This agreement can be of the following types:

• The agent seeks clients at his own expense and on his own behalf;
• The agent acts on his own behalf, but at the expense of the principal;
• The agent acts on behalf of the principal and at his expense.

Depending on the chosen type, contractual relations between the parties are built, specific conditions for cooperation are prescribed. The amount of remuneration also depends on the type of agency agreement. If the agent acts at the expense of the principal, then the remuneration is paid to him after the transaction by the principal himself. In cases where the agent works at his own expense, the remuneration is deducted from the payment for the goods or services by the agent himself. According to this scheme, air ticket offices and travel agencies most often work.

Sample agency agreement for the provision of customer search services

Currently, the network can find many samples of agency contracts for a variety of types of business activities, but there is no universal form. Like any other contract, it must reflect the specifics of the work of a particular enterprise. For example, an agency agreement to search for buyers from a manufacturer's company will be very different from an agreement concluded with an exporter of similar equipment.

But regardless of the specifics of goods or services, the agency agreement must provide the following information:

• Names of the parties;
• Subject of the agreement – ​​services for finding potential customers for the principal;
• The obligations of the parties;
• The procedure for calculating and paying the agency fee;
• Agent reporting;
• Responsibility of the parties.

Advice: there must be a clause in the agency agreement excluding the liability of each party for the actions of the other. For example, "the contractor is not responsible for the actions of the principal to third parties, and the principal is not liable to third parties for the actions of the contractor, including during the execution of this contract."

When concluding an agency agreement, in practice, the parties often impose various restrictions on each other related to the execution of the concluded agreement. The most common are the following:

• The Principal undertakes not to carry out an independent search for clients on the territory of the agent's work;
• The Principal is not entitled during the term of the contract to conclude similar contracts in the territory of the agent;
• The Agent is prohibited from entering into similar agreements with other customers;
• The agent is not entitled to search for clients outside the territory allocated to him.

The agent's reporting procedure is of great importance, since it is the agent's report that is the main indicator of his work, as well as the basis for calculating remuneration. The parties independently determine the procedure and terms of reporting, but these conditions must be fixed in the contract or in the form of a separate annex. The specific form of the agent's report depends on the specifics of the activity. For example, if the agent's task includes , then a transaction report can be submitted immediately after it is completed. If a product or service involves a shorter transaction cycle and they take place more often, for example, services for renting special equipment, then a report can be submitted at a certain frequency, for example, once a week, month, etc.

Features of some agency agreements

The characteristic features of individual goods entail the need to take these features into account when concluding agency agreements to find buyers.

Contract for finding buyers for real estate

The owner of real estate may involve an agent in the search for buyers for the object being sold. In this case, the agent has an additional obligation to ensure the legal purity of the object. Therefore, an agency agreement to search for buyers for a property should provide, in addition to the standard provisions of such agreements, the following information:

• Full name and data on the object being sold;
• Qualitative and quantitative characteristics of the object;
• The scope of services provided - it can only be the search for potential buyers or the search for buyers and support for a sale and purchase transaction;
• A clause on the removal of responsibility from the agent for the actions of the seller.

Copies of documents for the object being sold, as well as a copy of the seller's passport, must be attached to such an agency agreement.

Contract for the provision of services for the search for buyers of services

Agency agreements have become widespread in the field of sale of goods, but companies providing various services have increasingly begun to resort to the help of agents. For example, entrepreneurs who work in the field actively use the agency scheme. Often, the owners of a transport company do not even have equipment and advertising, but there are carriers' agents and shippers' agents. The business owner can only match requests from agents and receive a percentage of each order.

The agency scheme also works well in educational services. For example, an agent can search for clients on the course "", thus the course organizer does not need to spend his time on advertising and attracting clients.

In the agency agreement for the search for buyers of services, it is necessary to indicate a specific list of services in respect of which the agent works. Moreover, the contract may oblige the principal to provide all information about his services, including information about the availability of special permits, licenses, etc.

The role of the agency agreement in business

An agency agreement for the search for buyers can be concluded by any subject of legal relations, including an individual. For example, a car owner can instruct an agent. Thus, the owner of the car saves himself from unnecessary trouble, but receives a source of passive income.

In business, an agency agreement is one of the effective means of development. Attracting agents allows you to increase sales without additional investments. The agent replaces the sales manager, and the work of the agent is often more effective than the work of a full-time employee. The contractor under an agency contract works for a percentage of the transaction, so he not only sends out, but is looking for other options to bring each potential client to a real deal. As practice shows, in most types of services and wholesale trade, the involvement of agents has a positive effect on sales dynamics. The situation is similar in sales of real estate, equipment and machinery.

Save the article in 2 clicks:

Do not forget that an agency agreement is also an opportunity to start your own business without investment. A novice entrepreneur only needs to find a company that works with agents and start promoting their products or services. To date, many entrepreneurs in the wholesale trade are creating a business using this option.

In contact with

AGENCY CONTRACT

to search for a buyer, investor No. _______

Moscow "__" ____________ 20

__________________________, hereinafter referred to as "Principal",on the one hand, and

Sole Proprietor, hereinafter referred to as " Agent', on the other hand, collectively referred to as "Parties", and separately "Side", have concluded this Agreement (hereinafter referred to as the Agreement)about the following:

1. Subject of the contract

1.1. Under this Agreement, the Principal instructs, and the Agent assumes the obligation, for a fee, to perform actions on behalf of the Principal aimed at searching for potential buyers, creditors, lenders, investors (hereinafter - "Customer" or "Clients") expressing the intention to conclude purchase / sale agreements, provide loans, credits, investments related to property, shares / shares in the authorized capital of enterprises and real estate (hereinafter referred to as - "An object") specified in clause 1.2. of this Agreement. The principal owns the right to sell real estate objects and enterprises owning real estate objects

1.2. Under "Object" The parties understand: shares in the authorized capital of LLC "", non-residential premises (_________________________________________________________________________), which is confirmed by the Certificate of State Registration of Rights on the form (___________________), as evidenced in the Unified State Register of Rights to Real Estate and Transactions with it, a registration entry is made (__________________________________ ).

Restrictions (encumbrances) of rights to the Object are not registered.

1.3. The Principal guarantees the legal purity of the Object: it is not alienated to anyone, is not in dispute or under arrest, is not subject to pledge, is not burdened by the rights of third parties, both at the time of signing and during the entire term of the Agreement.

1.4. The Agent facilitates the conclusion of purchase / sale agreements, the provision of loans, credits, investments in the Object (hereinafter referred to as "Agreement with the Object").

1.5. Under "Agreement with the Object" The Parties understand any agreement between the Principal (the person specified by the Principal/owner of the rights to the Object or the owner of shares/shares in the authorized capital of the owner of the Object or being affiliated with the Principal) and the Client/Clients (the persons specified by the Client/Clients or persons affiliated with to the Client/Clients), including, but not limited to: loan agreements, credit, agreements for the sale and purchase of the Object, the sale and sale / alienation of shares / shares in the authorized capital of the Principal / holder of rights to the Object, including preliminary or other legally binding an agreement, according to the results of the conclusion of which the Client / Clients acquire the right to register the Object in ownership or other legal right to use and dispose of the Object.

1.6. Under "Client"/"Clients" in relation to this Agreement, the Parties understand the legal and / or individuals represented by the Agent, in any form, expressing their intention to provide a loan, credit, become a buyer / buyers of the Object owned by the Principal in any of the ways, including those specified in clause 1.6. actual agreement. The Client/Clients in the text of this Agreement also means the persons specified by the Client/Clients for concluding the Agreement with the Object, as well as persons affiliated with the Client/Clients.

2. Rights and obligations of the Principal

2.1. The principal undertakes :

2.1.1 . Provide the Agent with the necessary and timely assistance in the performance of its obligations under this Agreement. At the written request of the Agent, provide information about the Object, namely: copies of documents on ownership, floor plans, drawings, specifications, explications; information materials, and the rights to use them, as well as other copies of documents (information) necessary for the subsequent conclusion of an Agreement with the Object with a potential Client / Clients.

2.1.2. Not to enter into any contacts with the Client/Clients found by the Agent without prior consultations with the Agent during the entire Term of this Agreement.

2.1.3. Notify the Agent within five days of the signing with the Client/Clients attracted by the Agent of the Agreement with the Object, indicating the Transaction Price and payment terms, as well as the amounts received in fulfillment of these obligations.

2.1.4. Accept execution under this Agreement, sign the Certificate of Completion within 2 (Two) working days from the date of its receipt from the Agent or send a reasoned refusal to sign it in the manner and within the time specified in this Agreement.

2.1.5. Pay the Agent a fee in accordance with clause 5.1. actual agreement.

2.2 . The principal has the right:

2.2.1. Give the Agent oral and written recommendations, explanations on the implementation of this Agreement.

2.2.2. Request from the Agent general (available to the Principal) information about potential Clients/Client and held (ongoing) preliminary negotiations.

2.2.3. Be present in person (through representatives) at negotiations with a potential Client/Clients on the issues of concluding an Agreement with the Object.

3. Rights and obligations of the Agent

3.1. The agent undertakes:

3.1.1. Represent the interests of the Principal within the powers granted to him under this Agreement.

3.1.2. Provide advice to the Principal on: attracting a potential Client/Clients, preparing draft Agreements with the Object and the procedure for their coordination with a potential Client/Clients; on other issues related to the competence of the Agent under the concluded Agreement.

3.1.3. Conduct preliminary negotiations/meetings with the Client/Clients; assist in organizing and holding meetings between the Principal and the Client/Clients, as well as, at the request of the Principal, take part in them.

3.1.4. Maintain confidentiality with regard to information and information received in connection with the implementation of this Agreement.

3.1.5. Provide the Principal with the Certificate of Completed Works within 2 (Two) working days from the date of signing the Principal with the Client/Clients of the Agreement on Acquisition of Rights to the Object.

3.2. The agent has the right:

3.2.1. Receive remuneration in the manner and within the period established by this Agreement.

3.2.2. Require the Principal to recognize its obligations as duly fulfilled, in case of successful negotiations with the Client/Clients presented by the Agent to the Principal, as a result of which the Agreement with the Object was signed without notifying the Agent.

3.2.3. Refuse to execute this Agreement unilaterally if the Principal does not provide the information specified in clause 2.1.1. of this Agreement, copies of documents, or in case of revealing information that prevents the execution of the Agreement for the acquisition of rights to the Object through the fault of the Principal.

4. Certificate of completion

4.1. Within 2 (Two) working days from the moment of signing the Agreement with the Object, the Agent sends to the Principal the Certificate of Completion of Works under this Agreement in 2 (Two) copies.

4.2. Within 2 (Two) working days from the date of receipt by the Principal of the act of completed work under this contract, the Principal is obliged to sign it or send to the Agent in writing, in any appropriate way, a reasoned refusal to sign it. If, within the specified period, the Principal does not send the signed Certificate of Completion to the Agent or a reasoned refusal to sign it, then the Certificate of Completion is considered signed, the Agent's obligations are considered to be duly fulfilled and payable in accordance with the terms of this Agreement.

4.3. The transfer of the Certificate of Completion is carried out by courier or registered mail with a notification of delivery of the latter to the addressee at the location of the Parties / Parties specified in vabz. 11 of this Agreement.

5. Amount of remuneration and settlement procedure

5.1. For the actions specified in clause 1.1. of this Agreement, the Principal pays the Agent a fee. The amount of the Agent's remuneration is 2.5 percent of the amount of money actually paid by the Client to the Principal in connection with the execution of the Agreement with the Object concluded between the Client/Clients and the Principal.

5.2. The Principal pays the Agent remuneration within 10 (Ten) business days from the date of settlement in full under the Agreement concluded with the Object between the Client/Clients and the Principal.

6. Liability of the parties

6.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation.

6.2. The Principal bears full responsibility for the content of all initial data and materials transferred to the Agent in accordance with clause 2.1.1. actual agreement. All claims of third parties on these issues are settled by the Principal independently and at its own expense.

6.3. In case of violation by the Principal of the term for the transfer of funds established in clause 5.3. of this Agreement, the Agent has the right to require the Principal to pay a penalty in the amount of 0.1% (Zero point one tenth) percent of the amount of the overdue payment (remuneration unpaid under this Agreement in favor of the Agent) for each day of delay, and the Principal undertakes to pay them.

6.4. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations stipulated by the terms of this Agreement in the event of force majeure circumstances, in the interpretation of which the concepts regulated by the Civil Legislation of the Russian Federation are accepted.

7. Disputes and the procedure for their resolution

7.1. The claim procedure before the judicial settlement of disputes is mandatory for the Parties.

7.2. All claim letters are handed over by the Parties by courier or sent by registered mail with notification of delivery of the latter to the addressee at the location of the Parties specified in par. 11 of this Agreement.

7.3. Sending claim letters by the Parties in other ways not specified in clause 7.2. of this Agreement is not allowed.

7.4. The term for consideration of a claim letter and sending a written response to it is 3 (Three) working days from the date of receipt of the latter by the addressee (Party).

7.5. If it is impossible to resolve disputes and disagreements before the court, they are subject to resolution in court in accordance with the requirements of the current legislation of the Russian Federation.

7.6. Any agreements reached by the Parties are fixed by them in the relevant Addenda, Agreements and Annexes to the Agreement.

8. Amendment, addition, termination and termination of the Agreement

8.1. This Agreement may be amended and supplemented by the Parties during the period of its validity, subject to their mutual consent.

8.2. Any agreements of the Parties to amend and supplement the terms of this Agreement are valid if they are executed in writing, signed and sealed by the Parties.

8.3. About all changes in banking, postal, electronic and other changes in their details, the Parties are obliged to notify each other properly no later than 2 (two) calendar days from the date of their official approval. All actions performed by the Parties at the old addresses and accounts prior to the receipt of notifications of their change are considered to be properly performed.

8.4. This Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties, within the terms of the Agreement and in accordance with the current Russian legislation.

8.5. The Parties have the right to terminate the Agreement unilaterally at any time only subject to the submission of a written request 10 (Ten) calendar days before the expected date of termination.

8.6. Any changes and additions to this Agreement are made in writing, have legal force and are an integral part of it.

8.7. The expiration of the Term or early termination of the Agreement does not entail the termination of the Principal's obligation to pay remuneration arising from in accordance with the terms of this Agreement, during its Validity Period, and not executed by the Principal at the time of its termination.

8.8 . This Agreement is made in 2 (Two) copies, having the same legal force, one for each of the Parties, is binding and valid for their successors.

8.9 . Relations between the Parties not regulated by this Agreement shall be governed by the norms of the current legislation of the Russian Federation.

9. Duration of the contract

9.1 . The Agreement comes into force from the moment of its signing and is valid for 1 (One) year.

11. Legal addresses, bank details and signatures of the Parties