Intermediary contract is a special contract form in contract law and has legal effect. According to the provisions of the Contract Law, an intermediary contract should meet the general requirements for the formation of a contract, that is, the conclusion of a contract should have a legal object, form and expression of will, and there should be a true expression of will between the parties. An intermediary contract is valid as long as it conforms to the provisions of the contract law, and the parties shall perform the rights and obligations stipulated in the contract.
An intermediary contract includes the following elements:
1. Information of the parties to the contract: The intermediary contract shall clearly stipulate the identity information of the parties, including the names, addresses, contact information and other basic information of the intermediary and the parties to the transaction.
2. Description of intermediary service: The contract shall clearly state the specific intermediary service content and scope of the intermediary. This includes the role, responsibility and obligation of the intermediary in the transaction process, as well as the specific services provided, such as information consultation, negotiation, matchmaking, publicity and promotion.
3. Transaction terms: The contract shall clearly stipulate the specific rights and obligations of both parties to the transaction, including the subject matter, price, quantity, delivery method, payment method, delivery period, liability for breach of contract and other transaction terms.
4. Commission or remuneration: Intermediary contracts usually stipulate the commission or remuneration of intermediaries, that is, the fees that intermediaries should charge for providing intermediary services. The contract shall clearly stipulate the calculation method, payment method, payment time and other related matters of the commission or remuneration.
5. Confidentiality clause: The contract may stipulate that the parties shall keep confidential the business secrets, personal privacy and other information involved in the transaction, so as to ensure the confidentiality and security of the transaction.
6. Dispute settlement: The contract should clearly stipulate the way of dispute settlement, such as litigation, arbitration or mediation.
To sum up, an intermediary contract refers to a contract in which one party acts as an intermediary to assist other two or more parties to reach a transaction or agreement.
Legal basis:
Article 424 of People's Republic of China (PRC) Contract Law
An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration.
Article 425
The broker shall truthfully report to the client the matters related to the conclusion of the contract. Where a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which harms the interests of the client, he shall not demand a reminder and shall be liable for damages.