Essential Business: Financial Law Knowledge

1. Basic points for attention in contract

1, note to note: during the negotiation, the contract to be modified by both sides must be deleted from our comments.

(I have received a very funny contract, and they lead in the contract: "if the other party is really strong and unwilling to change it, then it will not change."

I didn't delete the endorsement. Did you say I'm not strong enough?!

2, modify to confirm: any modification must be confirmed by leadership and legal affairs, and do not make decisions arbitrarily, otherwise you will die very badly.

3, dispute resolution: dispute resolution is best for our location. If the other party does not agree, we should use the defendant or the place where the plaintiff is located. (if we are likely to accuse the plaintiff), if we are likely to be plaintiff, then write the place where the plaintiff is located. Why do we have to fight in our place?

The travel expenses of lawyers are not small.

4, the difference between arbitration and litigation: arbitration is agreement jurisdiction, and court litigation is compulsory jurisdiction.

Arbitration shall be carried out by a final ruling system, without appeal or retrial, nor to court.

The arbitration fees are relatively low, the closure is quicker, the procedure is relatively simple, the atmosphere is relaxed, and the wishes of the parties have been widely respected.

A lawsuit is a lawsuit brought by a court with jurisdiction in the contract.

5, whether it includes tax price: fixed cost cooperation, clearly stated the total price in the contract.

If the agreed unit price and total price include whether the tax price is included, it must be agreed. You will know it if you lose it.

6, professional terminology should be annotated: professional terms and business specific requirements, clearly explained in the annotations, and avoid wasting time with legal affairs.

7, important information is repeatedly confirmed: check more than a few times the company's name, bank account, Invoicing information and other important information in the contract is accurate, whether there are wrong words.

1, after the payment: determine whether to pay or advance payment, strive to pay later, and strive to pay less advance payments.

2, strive for the first invoice: the invoice is to open first or later, and strive for the other party to invoice before payment.

3, time should pay attention to: the clearing cycle is clear and the time of payment is clear. There is a difference between day and working day.

4, the contract effective re payment: there must be a contract sealed by both parties before payment can be made.

In case of emergency, fax contract can be used.

5, VAT invoices: invoice as far as possible to make VAT invoices, do not ask why must VAT invoices, too complicated, as long as you remember, this invoice can save money for the company!

6, the invoice information: ask the other party to open the VAT invoice, please prepare the company's invoice information + tax registration certificate + bank account opening permit.

7.

Interpretation: what company can set up special invoices for value-added tax: "general taxpayer" enterprises can set up special invoices for value-added tax, and only the general taxpayer enterprises receive VAT invoices to save money.

Now a small size of the company is a general taxpayer, small businesses are not ordinary taxpayers can go to the Inland Revenue Department to set up value-added tax invoices, but can only open 3 points, not 17 points, meaning is not big.

8, confirm invoice: receipt of invoice is clearly VAT invoice or VAT invoice, VAT invoice is invalid, send back to reopen! Remember, can open VAT invoice can open VAT invoice, and has no influence on the other company, is the same.

9, the validity of business chapter, fax, copy, mail and QQ.

A.

The chapters that need to be recorded in the Public Security Bureau include: official seal, contract seal and financial chapter;

B.

Business charter: the business charter is not a public security record, it has no legal effect, and it can not recognize its validity.

C.

Facsimile contract: unless the agreement is null and void, it will be effective.

D.

The validity of the scanned / copy contract: it can not be used as an effective contract alone. It must have other relevant evidence to prove that it has legal benefit. It must be recognized by the other party (the other party does not recognize it without legal effect, so we must pay attention! Who really will admit the validity of the dispute? You remember that the scanned copy / copy contract is invalid!)

10, mail confirmation has legal effect (equivalent to electronic contract), so do not reply by e-mail: cooperative confirmation.

In addition, we need to use the domain name mailbox of the company to be effective! The communication content of QQ and other instant messaging software has no legal effect. The important point of cooperation confirmation is not written into the contract, but it must be confirmed by e-mail.

Three, mobile Internet special business matters needing attention

1, reduce risk: if one party needs to terminate cooperation ahead of time, XX days must be notified in advance to terminate cooperation.

If there is a problem in the channel, we should stick to our own way.

2, prevent cheating: Party B should guarantee the legality of its promotion. If there is any evidence that Party B uses technology and tools to simulate user behavior to cheat the activation, user login data and user registration data, Party A has the right to refuse to pay the advertising fees arising therefrom.

Limit your product's core indicators as much as possible.

3, limiting budgets: for example, the amount of activation required and the total cost will not exceed XX yuan this month.

Example, before the 360 channels CPD advance payment cooperation, 360 of the contract is XXW yuan this month, CPD unit price, activation data and other data, and finally add to themselves, more than the amount of activation does not settle accounts.

4, control the quality of users: confirm the scheduling time before the advertisement is online, query the quality of the scheduled customers, and refuse to go online.

That is, in the promotion process, we must see where advertisements are displayed.

5, settlement reference data: CPA must be based on our third party platform data.

The two sides check the settlement of the platform, discuss the error solution.

6, the profession belongs to the label: CPC, CPV, CPS, CPA, CPM and other professional terms must be well known.

For example, CPD can be interpreted as downloading or settling by day.

For more information, please pay attention to the world clothing shoes and hats net report.