Calculation and Payment of Service Fees. Both parties agree that Party A shall, on the basis of the workload and commercial value of the technical services as are provided to Party B, issue invoice to Party B in accordance with the price as agreed upon by and between the parties, and Party B shall pay the corresponding consultancy service fees and other service charges to Party A or the party designated by Party A on the date and according to the rate specified by the invoice. Party A shall have the right to adjust the rate of consulting service fees on the basis of the quantity and content of consultation services as provided to Party B, and the aforesaid adjustment shall come into force upon written notice to Party B. Party B shall, within fifteen (15) days following the end of each fiscal year, provide Party A with the financial statements for that fiscal year as well as all business records, business contracts and financial information as may be necessary for preparing the financial statements. Where Party A raises any doubt in connection with any of the above-mentioned financial data provided by Party B, it may appoint an independent and reputable accountant to audit such data. Party B shall cooperate with the aforementioned auditing.
Calculation and Payment of Service Fees. 2.1 During the term of this Agreement, the fees payable by Party B to Party A shall be calculated as follows: In respect of the service fees payable by Party B to Party A, the service fee for each calendar year shall be calculated and confirmed according to the following variable standards:
2.1.1 In respect of the service fee payable by Party B, subject to the laws of China, after the deduction of the costs and expenses necessary for Party B’s business operations (the preliminary final accounts of the necessary costs and expenses shall be submitted by Party B and subject to the final confirmation and decision of Party A) and taxes, to make up for Party B’s losses in previous years (as required by applicable laws), and for the withdrawal of the statutory reserve fund (as required by applicable laws), all the profits of Party B in the aforesaid year shall be paid to Party A as the service fee for the services agreed in this Agreement provided by Party A to Party B, but Party A shall have the right to adjust the amount of the service fee according to the following factors and circumstances of the services provided to Party B, which shall not exceed the limit specified above.
2.1.2 If Party A finds the service fee determination mechanism agreed in this Agreement is not applicable and needs to be adjusted for a certain reason, Party B shall actively negotiate in good faith with Party A within ten (10) business days after Party A makes a written request for fee adjustment, in order to determine the new standard or mechanism for the fee. If Party B does not respond within ten (10) business days after receiving the above adjustment notice, such adjustment shall be deemed accepted.
2.1.3 The service fee shall be calculated, confirmed and paid pursuant to the fiscal year or a reasonable period otherwise specified by Party A. If it is calculated, confirmed and paid pursuant to the fiscal year, within three (3) months after the end of each fiscal year, Party B shall prepare and issue a financial report that is in accordance with applicable accounting standards and audited by an accounting firm, and shall pay Party A the service fee under this contract within fifteen (15) days after the preparation and issuance of the audited accounting report. If it is calculated, confirmed and paid pursuant to a reasonable period otherwise specified by Party A, Party B shall calculate and confirm with Party A, and pay Party A the service fee under this contract within fifteen (15) da...
Calculation and Payment of Service Fees. Both Parties agree that Party A will issue invoice to Party B on a quarterly basis according to the quantity and commercial value of the technical and other services provided by it to Party B at the price agreed by the Parties. Party B shall pay corresponding consulting service fees to Party A according to the date and amount indicated in the invoice. The service fee payable by Party B to Party A in any year shall not be less than 99% of all net profits of Party B in that year. Party A has the right to adjust the standard and amount of the consulting service fee at any time based on the quantity and content of such consulting service provided by it to Party B. Party B shall provide Party A with the financial statements of any fiscal year and all operating records, business contracts and financial information required for issuing the financial statements within fifteen (15) days after end of the fiscal year. If Party A raises any doubt to the financial information provided by Party B, it may appoint a reputable independent accountant to audit relevant information. Party B shall assist such audit.
Calculation and Payment of Service Fees. In principle, the Service Fees hereunder shall be Party B’s monthly operating revenue minus (1) the operating capital required by Party B to maintain day-to-day operation, and (2) Party B’s capital expenditure. The Parties hereto may otherwise negotiate and determine the Service Fees.
Calculation and Payment of Service Fees. The service fee charged by Party A shall, in principal, equal to 100% of the net profit of the Party B (but in case such net profit is less than zero, the service fee shall equal to zero). Party A may settle such fee on half-yearly basis (or such other intermittence as approval by two-thirds of the board member of Party A) by sending an invoice to Party B for the preceding calculating period. The Parties agree that with respect to the service provided by Party A, the service fee shall be determined based the technical difficulties and complexity of the service provided, the time spent by staff of the Party A in providing such service, the content of the service provided and the intellectual properties provided and the commercial value thereof, and the market value of the similar service, intellectual properties, equipment and factored leased. The time of the invoicing and the amount of the service fee charged shall be approved by the board of Party A following its due decision making procedure. The Parties agree that the service fees under this Agreement may be determined and paid based on the methods set forth in the separate agreements to be entered between Party A and Party B described in Section 1.3, provided such agreement does not contravene the principal set out in the preceding paragraph which can be amended by unanimous approval of the board of Party A.
Calculation and Payment of Service Fees. 1.1 The Service Fees under this Agreement may be calculated on the basis of Party B’s revenue and related operating costs, selling, management and other costs and fees, and may be charged as follows:
(a) Based on the revenue of Party B at the percentage agreed by Party A;
(b) Based on the fixed royalty agreed by Party A for specific software, and/or
(c) Other payment methods determined by Party A from time to time according to the nature of services provided.
1.2 Party A shall issue a written confirmation of the Service Fees to Party B, and the specific amount of the Service Fees shall be determined by Party A after the consideration of the following factors:
(a) The technical difficulty and complexity of the services provided by Party A;
(b) The man-hours of the employees of Party A in respect of such services;
(c) The contents and commercial value of the services provided by Party A;
(d) The basic price of similar services in the market.
(e) The operation performance and development needs of Party B, including compensation of losses of previous years incurred by Party B (if necessary), and the necessary costs, expenses and taxes necessary for the business operation.
Calculation and Payment of Service Fees. 2.1 The service fees under this Agreement shall be the reasonable prices fixed based on the content and nature of the services, and shall represent approximately one hundred percent (100%) of Party B’s consolidated gross profits in any fiscal year, after offsetting the accumulated losses (if any) of Party B and its subsidiaries in the preceding fiscal year, and deducting the working capital, expenses, taxes and other statutory contributions required in any fiscal year. Notwithstanding the forgoing, Party A may adjust the range and amount of the service fees at its discretion, in accordance with the PRC tax laws and practices and by referring to Party B’s needs for working capital, and Party B and its subsidiaries shall accept such adjustment.
2.2 Party A calculates the service fees monthly and issues the corresponding VAT invoice (Special) to Party B at the tax rate stipulated by the current VAT law. Party B shall pay the service fees to the bank account designated by Party A within ten (10) working days upon receipt of such invoice, and shall send a copy of payment certificate to Party A by email within ten (10) working days after making the payment. Party A shall send the receipt within ten (10) working days after receiving the service fees. Notwithstanding the forgoing, Party A may adjust the time and method for payment of the service fees at its discretion. Party B shall accept such adjustment.
2.3 The Parties agree that, the payment of the service fees above shall not cause any Parties’ operational difficulties in principle. For the purposes above, and within the reasonable limits of the principles above, the schedule for payment of service fees from Party B to Party A under Article 2.1 and Article 2.2 may be adjusted in writing upon negotiations between the Parties.
2.4 The Parties to this Agreement shall bear all taxes incurred in preforming this Agreement respectively.
Calculation and Payment of Service Fees. 2.1 During the term of this Agreement, Party B shall pay Party A the service fees in respect of the services provided by Party A to Party B in accordance with Article 1.1
Calculation and Payment of Service Fees. 2.1 The fees payable by the Company to Singapore Entity during the term of this Agreement shall be calculated as follows:
2.1.1 The Company shall pay service fees to Singapore Entity each month. The service fees to be paid each month shall consist of management fees and other service fees (collectively, the “Service Fees”), which shall be unilaterally determined by Singapore Entity after considering:
(1) Complexity and difficulty of the services provided by Singapore Entity;
(2) Title of and time consumed by employees of Singapore Entity providing the services;
(3) Contents and value of the services provided by Singapore Entity;
(4) Market price of the same type of services; and
(5) Operation conditions of the Company (to not cause any difficulty to the operation of the Company after the payment of Service Fees).
2.1.2 The Service Fees shall be due and payable on a monthly basis. Within 30 days after the end of each month, the Company shall deliver to Singapore Entity the management accounts and operating statistics of the Company for such month. Singapore Entity will determine the Service Fees payable on a monthly basis and send the invoice to the Company. The Company shall pay the fees to the bank account designated by Singapore Entity within ten (10) business days after receipt of such invoice. Singapore Entity and the Company further agree that, Singapore Entity is entitled to determine, in its sole discretion, whether to permit the Company to defer the payment of part of the Service Fees under certain particular circumstances.
Calculation and Payment of Service Fees. 1.1 The service fees hereunder shall be calculated based on Party B’s revenue and its corresponding operating costs, sales, management and other costs and expenses, and may be charged as follows:
(a) at a certain percentage of Party B’s income;
(b) fixed royalty fees on particular software; and/or
(c) other payment methods determined by Party A, from time to time, according to the nature of the services provided.
1.2 Party A shall issue a written confirmation of service fees to Party B, and the specific amount of service fees shall be determined by Party A by taking into consideration the following factors:
(a) the technical difficulty and complexity of the services provided by Party A;
(b) the working hours spent by employees of Party A on the Services;
(c) the content and commercial value of the services provided by Party A;
(d) the benchmark price of similar services on the market.
