合同是两方之间具有法律约束力的协议。对于企业,合同有助于确保您获得所支付的费用,并可以保护您免受某些责任。作为企业主,您会遇到各种各样的合同。继续阅读以了解业务中的合同类型。

What is a contract?

一个contract is a written or spoken agreement enforceable by law. Contracts can either be verbal or written. Some contracts must be written down (e.g., selling and leasing real estate for longer than a year and taking on another party’s debts). Even if you can get away with a verbal agreement, it may be wise to get everything in writing because it holds everyone accountable. Remember, not everyone you do business with is trustworthy, dependable, or exactly sure what your agreement entails.

合同对于开展和发展您的业务是不可或缺的。如果您忽略了他们在业务的任何阶段的重要性,那么您很快就会意识到错误。除其他外,合同将帮助您雇用员工,管理销售和购买并保护您的知识产权。

如果另一方违反协议,书面合同可以保护您的业务。

Generally speaking, contracts can help you:

  • Protect private information
  • Define responsibilities
  • Offer a sense of security
  • 防止诉讼
  • 一个ct as a legal record of agreements
该图的标题为“您的业务的一般合同示例”。第一个是合伙协议,详细介绍了合伙人拥有的业务及其损益的份额。第二个是特许经营协议,概述了特许经营者的条款和条件。第三个是赔偿协议,该协议有助于保护您免受客户诉讼的伤害。第四是不公开的协议,只要您想保留私人的东西,可以使用该协议 - 用于员工,合作伙伴和客户。第五是解决协议,该协议有助于通过相互协议解决当事方之间的争议。最后一个示例是安全和隐私协议,该协议调节客户数据的使用方式或未使用。这不是商业合同的完整列表,而只是一个小例子。

Types of contracts for your business

If you haven’t realized this already, you soon will—there are many different types of business contracts. Contracts cover most aspects of a business. We’ve pulled together the most common types of contracts you’ll come across.

Read on to learn about contracts for your business, employees, and sales.

General contracts for your business

Contracts are the foundation of any business. They are just as important as your brand or product. Business contracts operate behind the scenes to make sure that your day-to-day runs smoothly.

Partnership agreement

一个partnership agreement详细说明企业将如何在两个或两个以上的人下运营。本协议列出:

  • 合伙人拥有多少业务
  • The amount of profit and loss a partner is responsible for
  • 管理规则

Franchise agreement

特许经营权协议定义了特许人的内涵ms and conditions for a franchisee. This agreement covers everything about how the franchise will be run and what the franchisee can expect from the franchisor.

赔偿协议

赔偿协议有助于保护您免受客户诉讼,以防万一。赔偿协议经常由提供使客户处于危险的服务(例如,跳伞,深海潜水和蹦极跳的服务)的企业使用。

不公开协议

一项不公开协议阻止其任何签署人与业务外任何人共享机密业务信息。如果共享信息,则可以起诉违反协议的人。

每当您拥有敏感信息时,您都想保密,请使用NDA。例如,您可以使用NDA来防止以下各方披露业务信息:

  • Employees
  • Partners
  • Customers

Settlement agreement

一个settlement agreement is a legally binding contract that helps resolve disputes between parties by mutual agreement. This agreement details the terms that both parties will adhere to. Settlement agreements are created through mediation and generally can help avoid a tedious trial. Because of this, these agreements can help save time and money.

Security and privacy agreement

一个security and privacy agreement regulates how a business can use a customer’s data. This agreement details a customer’s rights and your obligations to keep their data confidential. It can also stipulate how, when, and with whom you will share their data. This can be a key part of a business’s relationship with its customers.

Contracts for employment

Contracts for employment cover every stage of an employee’s tenure with your company. You’ll use contracts for employment whether you’re hiring or firing.

Employment contracts

Employment contractsdefine how the employer and employee relationship operates. This contract lays out the responsibilities of both parties as well as employee compensation, benefits, and grounds for termination. If applicable the employment contract can also include the duration of employment.

有许多不同类型的就业合同。就业合同可以包括:

  • Full-time contracts:For专职员工(e.g., those working 35 or more hours each week). These contracts often include information about benefits such as PTO, vacation time, and retirement plans.
  • Part-time contracts:Forpart-time employees(e.g., those working under 35 hours each week). Unlike full-time contracts, part-time contracts usually don’t include insurance, retirement, and PTO, as these benefits are reserved for full-time employees.

There’s no standard number of hours for full- or part-time employees—that’s entirely up to you.

  • 零小时合同:临时员工(例如,天猫或劳动者erers) that work irregularly or only when work is available. Zero-hour contracts may state the minimum number of hours or shifts worked for a month. The employee has the right to refuse work for any reason. These contracts don’t have to include information concerning rates of pay or employee benefits
  • 一个t-will agreements:For temporary or愿意的员工。Unlike zero-hour contracts, at-will agreements allow the employee and the employer to end employment at any time, without reason. At-will agreements can detail benefits, salary, and time off, but often don’t include any of the employee’s rights.
  • 定期合同:For employees working for a fixed amount of time or until a project is completed. These contracts often include the same benefits and protections as full-time or part-time employees.

Non-compete agreement

一个non-compete agreementkeeps an employee from competing with your business either directly or indirectly during their employment and often for a specific period afterward.

终止通知

终止通知正式通知员工,他们不再为公司工作。

Independent contractor agreement

一个n independent contractor agreement defines the work and subsequent payments for projects or services provided bycontract workers。Contractors are not considered employees, and there are strict standards that detail the differences between the two. You are not responsible for an independent contractor’s tax obligations, nor can you control how they operate their business or who they take on as clients.

When working with an independent contractor it may help to draft a statement of work (SOW). A statement of work is a contract that defines the scope of the contractor’s project. A statement of work is at its best when it’s as detailed as possible. You can include:

  • 一个definition of the contractor’s responsibilities
  • 一个timeline for stages of and/or the completion of the project
  • 一个ny liability inherent to the project
  • The terms and conditions between you and the contractor

Contracts for sales

销售合同可能是您遇到的最常见的合同类型。由于它们的频率,您会很好地了解这些类型的合同。

Bill of sale

销售清单合法地将财产从一方转移到另一方。您可以使用此合同来证明土地或财产的所有权。

Purchase order

一个purchase order是企业主与商品或服务的供应商或卖方之间的合同。采购订单定义:

  • How much the business will pay for the goods
  • 付款日期
  • 交货日期

订单

一个n order form is similar to a purchase order, only it binds a customer to a business. Customers use an order form when they purchase services or products from businesses. An order form defines:

  • 购买的服务或商品数量
  • How much the customer will pay for services or goods
  • 付款日期

Renewal order form

续订订单表格会简化客户的订阅续订。本合同一旦结束结束,该合同就减少了填写订单表所需的时间。续订订单表格包括购买的服务或产品的详细信息,计费期以及任何额外费用。

Warranty

保修保证,如果产品在特定时间范围内不满足客户的期望,则可以维修,更换或退款。保修可能是充分的或有限的。全面保修涵盖整个产品以及零件和劳动力。有限保修通常仅涵盖特定零件。

Purchase and sale of business agreement

一个purchase and sale of business contract is a bill of sale when you want to purchase or sell a business. This contract generally includes the following provisions:

  • Party identification:Ensures that all parties are correctly identified. Includes legal name and contact information of both the seller and buyer
  • Business description:Offers an overview of company operations
  • Financial Terms:Includes purchase price, required deposits, and date and time of transfer
  • 销售:Defines what’s included and excluded from the sale, as well as the condition of assets included in the sale
  • Covenants:Covers all agreements or obligations involved in the closing of the sale (e.g., taxes, loans, and fees)
  • Closing:Outlines the basic information of the sale such as the date and time the sale was closed. Can also include the amount paid at closing

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