Employment Contract – Yuxia Jia
Exhibit 10.4
Employment Contract – Xxxxx Xxx
BETWEEN: Beijing REIT Technology Development Co., Ltd, a company legally incorporated under the laws of People’s Republic of China, having a mailing address at Room 1611, Xx.0 Xxxxxxxx, Xx.000, Xxxxxx Xxxxx, Xxxx Zhongyuan, Wangjing Xinxing Industrial Area, Chaoyang District, Beijing City, acting and represented herein by Xx. Xx Hengfang, Legal Representative, declaring duly authorized, (hereinafter called the “COMPANY”)
AND: Xx. Xxxxx Xxx, (hereinafter called the “EXECUTIVE”)
(COMPANY and EXECUTIVE hereinafter collectively called “Parties”)
WHEREAS:
COMPANY requires the services of EXECUTIVE as Chief Financial Officer (CFO);
EXECUTIVE agreed to provide COMPANY his full-time services as CFO;
the Parties wish to confirm their agreement in writing;
the Parties have the capacity and quality of exercise all the rights necessary for the conclusion and implementation of the agreement found in this Contract;
THEREFORE THE FOREGOING, THE PARTIES AGREE AS FOLLOWS:
1. Employment
EXECUTIVE agrees to assume full-time for COMPANY (minimum of forty (40) hours per week) the role of CFO during the entire duration of the Contract;
2. Term
This Contract is for an initial term of 36 months, namely from October 1, 2018 to September 30, 2021, renewable for an additional period of 24 months unless either party terminates it in writing at least sixty (60) days before the expiration of the initial term;
| 1 |
3. Responsibilities
EXECUTIVE agrees and undertakes to COMPANY to the following: The services must be made full time in a professional manner, according to the rules generally accepted by industry.
3.1 Set-up and/or oversee all financial and operational controls and metrics within the organization.
3.2 Maintain executive responsibility for financial operations, including working capital, capital expenditures, debt levels, taxes, budget, and general accounting.
3.3 Develop and direct financial plans to the strategic business plan, company growth, and market opportunities and direction.
3.4 Establish and maintain stable cash flow management policies and procedures, and ensure cash resources are available for daily operations and business and product development.
3.5 Analyze current and future business operations and plans to determine financial effectiveness.
3.6 Establish the performance goals, allocate resources, and assess policies for employees, through other managers.
4. CONSIDERATION
4.1 Service Awards
In consideration of the provision of services, COMPANY to pay EXECUTIVE, as compensation;
The gross amount of RMB 250,000 annually (the “Base Salary”) calculated at the rate of twelve (12) equal monthly installments consecutively of RMB 20,833 each.
4.2 Expenditure incurred
COMPANY will reimburse EXECUTIVE all reasonable expenses incurred in connection with this Contract, upon presentation of appropriate documentation. The date of reimburse EXECUTIVE shall be the 20th of each month.
4.3 Bonus
Executive will be eligible to receive an annual bonus with a target payout up to 150% of the Base Salary (the “Target Bonus”), subject to achieving Company and individual performance goals established by the Compensation Committee in consultation with the Executive. The Compensation Committee shall have the sole discretion to determine whether Executive is entitled to any such bonus and to determine the amount of any such bonus. Such bonus will be pro-rated for partial year of service.
| 2 |
5. Commitment to confidentiality and nondisclosure
EXECUTIVE recognizes that certain disclosures to be provided by COMPANY have or may have considerable strategic importance, and therefore represent trade secrets for purposes of this Contract. During the term of this Contract and for a period of 36 months following the end of it, EXECUTIVE is committed to COMPANY to:
a) keep confidential and not disclose the information;
b) take and implement all appropriate measures to protect the confidentiality of the information;
c) not disclose, transmit, exploit or otherwise use for its own account or for others, elements of information;
6. Exclusivity of service provider
During the term of this Contract and for a period of 24 months following the end of it, EXECUTIVE is committed to COMPANY not render services to or for direct or indirect competitors of COMPANY.
7. Termination of Contract
Either party may terminate this Contract at any time, upon presentation of a sixty (60) days notice given to the other party.
8. GENERAL PROVISIONS
Unless specific provision to the contrary in this Contract, the following provisions apply.
8.1 Force Majeure
Neither party can be considered in default under this Contract if the performance of its obligations in whole or in part is delayed or prevented by following a force majeure situation. Force majeure is an external event, unforeseeable, irresistible and it absolutely impossible to fulfill an obligation.
| 3 |
8.2 Severability
The possible illegality or invalidity of an article, a paragraph or provision (or part of an article, a paragraph or provision) does not in any way affect the legality of other items, paragraphs or provisions of this Contract, nor the rest of this article, this paragraph or provision unless a contrary intention is evident in the text.
8.3 Notices
Any notice to a party is deemed to have been validly given if in writing and sent by registered or certified mail, by bailiff or by courier to such party at the address listed at the beginning of this Contract or any other address that the party may indicate a similar notice to another party. A copy of any notice sent by mail must be sent by one mode of delivery mentioned above.
8.4 No Waiver
The inertia, neglect or delay by any party to exercise any right or remedy under this Contract shall in no way be construed as a waiver of such right or remedy.
8.5 Contract Amendment
This Contract may be amended only by a writing signed by all Parties.
9. Applicable Laws and Election of domicile
This Contract is subject to the laws of the People’s Republic of China.
The Parties agree to elect domicile in the judicial district of Beijing City, China, and chose it as the appropriate district to hear any claim arising from the interpretation, application, and performance, the entry into force, validity and effect of this Contract.
10. Currencies
All sums of money under this Contract refer to Chinese currency.
11. Effectiveness and Copies
This Contract will come into force upon signature and seal by both Parties. This Contract is made in duplicate and both are of equally binding force. The COMPANY and the EXECUTIVE each holds one copy.
IN XXX XXXX XX XXXXXXX XXXX, XXXXX,
| Beijing REIT Technology Development Co., Ltd. | |
| (seal) | |
| /s/ Xxxxx Xxx | |
| Xxxxx Xxx |
| 4 |
