The Intermediary Fee Agreement is essential when establishing a formal relationship between intermediaries and their clients in England and Wales. This document is commonly used when an intermediary facilitates transactions, introduces parties, or provides advisory services for a fee. The agreement details payment structures, which may include fixed fees, commissions, or success-based compensation. It incorporates relevant regulatory requirements, particularly those from the Employment Agencies Act 1973 and related regulations, providing clear guidelines for service delivery and payment terms.
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1. Parties: Identification and details of the intermediary and client
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including relevant legislation references
4. Services: Description of intermediary services to be provided
5. Fees and Payment Terms: Fee structure, payment schedule, invoicing requirements and VAT provisions
6. Duration and Termination: Term of agreement and termination provisions
7. Obligations of the Intermediary: Key responsibilities and duties of the intermediary
8. Obligations of the Client: Key responsibilities and duties of the client
9. Confidentiality: Provisions regarding confidential information and trade secrets
10. Data Protection: Compliance with GDPR and Data Protection Act 2018
11. Liability and Indemnity: Limitations of liability and indemnification provisions
12. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Success Fee Provisions: Additional fees based on successful outcomes - used when agreement includes performance-based compensation
2. Exclusivity: Terms regarding exclusive arrangements - used when intermediary has exclusive rights
3. International Provisions: Terms for cross-border activities - used when services span multiple jurisdictions
4. Anti-Money Laundering: Compliance with Money Laundering Regulations - used for financial services intermediaries
5. Insurance Requirements: Specific insurance obligations - used when particular insurance coverage is required
1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, calculation methods and payment terms
2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards
3. Schedule 3 - Compliance Requirements: Detailed compliance obligations including relevant legislation and regulations
4. Appendix A - Required Forms: Standard forms and documentation required for services
5. Appendix B - Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR
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