Agreement on the organization of programs to attract buyers. Agency agreement for the provision of intermediary services to find clients. The amount of remuneration and the procedure for mutual settlements

Any business, whether it's a start-up or a long-standing one, needs a clientele. It is the end consumer of goods and services that serves as a source of infusion financial resources which means your business can grow and develop. A lot has already been said about how to attract customers, but such information will never be superfluous. No matter how much marketing research has been done, questions always remain, for example, why when equal conditions the client chooses one of the offers. However, these are special cases, in general, customer preferences can be calculated with a fairly high degree of probability, which is what marketers do within the same company, city or country. There is also international marketing. And all these specialists are looking for the answer to the same question: "How to attract customers?" The accumulated material is very interesting, so today we will study it.

Mysterious creature called "client"

It is very important to have a good idea of ​​who our client is. This is key concept, because it gives you the opportunity to focus your efforts and direct them to achieve specific goals. Since it is much easier to attract clients of one target group, we first need to figure out in which direction we need to act.

In general, all potential customers are divided into corporate and private. Each company is primarily attracted by citizens of the first category, since they represent a whole segment in the consumer market. It is difficult to get such a client, however, the benefits from such transactions are very good. However, you should not focus on large production, because it is precisely the attentive attitude to each individual customer that can ultimately play into your hands, because he can one day bring an entire corporation behind him. Therefore, when discussing how to attract clients, we can say with confidence that individuals are exactly the category with which it is worth working the most.

The most popular ways to get new customers

In fact, a private business does not always have a marketing team on staff, so you have to get out of the situation using proven tools. At the same time, dealers often adopt ways to attract customers from their competitors and quickly adapt to their own needs. We will consider both typical and non-standard methods of winning new consumers of goods or services.

Stock

Who among us has not paid attention to such signs? Promotions, sales, discounts - all this attracts the consumer, and he is likely to be interested in at least the proposed conditions. If you are looking for a way to quickly attract customers, then you need a bright and well-designed banner in a crowded place. Moreover, the content can be different: a bonus to the received procedure in a beauty salon or lending with preferential terms - it doesn’t matter, the most important thing is that a person receives your message in an accessible form.

At the same time, it is very important that, by resorting to such a method of stimulating client activity, the service seller is counting on the population's commitment to "free cheese". Even if a person does not really need what you offer, he may be interested in the product solely because the conditions seem favorable to him. As a result, he not only himself can take advantage of the offer, but also tell others.

We continue to attract lovers of "freebies"

Indeed, a huge number of advertising tricks are connected precisely with this. Marketers play on the impulsiveness of people, and therefore try to make their "web" as attractive as possible. Speaking about how you can attract customers, you can not ignore such a method as a planned price reduction. "All seasonal treatments are 40% cheaper", "The entire range of the outgoing summer is now 60% more affordable!" - these and similar slogans collect customers with great speed.

The principle of giving a discount on goods also works very well. This method always works, whether we understand market mechanisms or not. This is very clearly seen when making a price tag of 999 rubles or 2990.

Promotions and discounts are rather crude mechanisms, besides, if business owners are asked how effective the promotion was, they cannot always answer. The goods or services are sold, but not at the price that was originally laid down. Has the implementation increased enough to cover this difference? It is in order for you to understand well how to attract profits and customers, today we want to reveal better ways their attraction.

Loyalty increase

The listed methods are not used only by the laziest businessman, but their effectiveness may be different. Therefore, in order for them to really work, we recommend that you use the following methods. First of all, it is desirable to limit the validity of your offer. Like marketing ploy will allow you to inspire a potential client with the idea that the conditions may soon change in a direction unfavorable for him.

The second option is similar to the first, but has some nuances. In this case, the main task is to colorfully describe the advantages of the product (service), and then mention that their number is very limited. It can be a VIP collection or special offer which is hard to refuse.

Let's talk a little more about how to attract new customers. Agree, initially a person does not care - to go to you or to the company opposite. Offer a valuable prize to the first person to buy a product or service. It does not have to be a product, a free expert consultation (a master class on makeup or appearance care) is perfect.

And finally, for the first customers, you can come up with some kind of souvenir. It can be a cosmetic bag, a flashlight keychain with a logo, some companies practice treating them with sweets and fruits, especially if the visit is timed to coincide with some kind of holiday. A trifle, but nice.

Many firms look for clients for developing business entities on a professional basis. Before starting mutually beneficial cooperation, you should conclude an agency agreement for the provision of intermediary services to find clients. The rules for compiling this document are established by the norms of the Civil Code of the Russian Federation.

What is a contract

The agency agreement implies that one of the parties (the agent) is obligated to provide a specific type of service (search for clients) that was entrusted to it by the other party (the principal). This agreement refer to bilateral transactions that are of a reimbursable nature and may be veiled interpretations of other agreements.

In a situation where the agent acts on behalf of the principal, such an agreement is largely similar to a contract of agency. If the execution of orders is carried out on behalf of the agent, then such an agreement is identified with a commission agreement.

The most popular is the agency agreement, the subject of which is the provision of intermediary services to find customers, it is used in the service sector (legal, consulting, tourism). Also, companies that deal with real estate transactions are also asked to find new clients.

Requirements for the content of the agency agreement for the provision of intermediary services

The following conditions must be included in the text of the agreement:

• advertising;
• standards for promotion;
• the main nuances of customer service, which include ways to carry out pre-sales preparation, design features office space, response time to customer requests, appearance personnel;
• terms, as well as the mechanism for reporting, if such a period is not specified in the contract, then the agent provides a report on the services rendered based on the results of the execution of the order, as a rule, the report should contain information

If you are going to enter into an agency agreement for the provision of intermediary services in the field of customer search in the near future, then you should pay attention to the possible restrictions for its parties.

These restrictions include the following:

1. The principal may be limited in carrying out an independent search for clients in a territory clearly defined in the contract.
2. The agent may be restricted in relation to the conclusion of similar contracts with other clients. For example, if you are a principal and are in the same territory with another client with similar interests, then the search for clients by an agent at the same time for two principals will not be as effective as in a situation where client search is carried out for one principal in this area.
3. Restrictions on the actions of the principal, which relate to the conclusion of similar transactions with other agents providing similar services in a particular region.

Basic details

The agency agreement for the provision of customer search services must necessarily contain the components provided for by the current legislation for such contracts.

What this document includes, you can find in the table below.

No. p / p	Agreement details	What information does
1.	Document's name	Agency agreement for the provision of intermediary services in the field of customer search
2.	Date and place of imprisonment	The date, as usual, is put down in the format: day, month, year. The city where this action took place is indicated as the place of signing the agreement.
3.	Preamble	Information about the agent and the principal, as well as persons who have the authority to sign this agreement (in addition, indicate on the basis of which the representatives of the parties act)
4.	Subject of the contract	Provision of intermediary services to find clients
5.	Rights and obligations of the parties, liability measures	It states what the agent and the principal must perform in accordance with the terms of the agreement. In addition, it prescribes measures of responsibility, which is provided for violation of the obligations stipulated by the agreement.
6.	Essential terms of the agreement	Specify without fail those conditions on which the parties must come to an agreement. This is the period for which the contract is concluded, remuneration for the execution of instructions assigned to the agent, as well as the need for reporting.
7.	Additional terms of the contract	The procedure for making settlements, measures of responsibility, ways to ensure obligations under the contract, a mechanism for considering conflicts that have arisen between the parties, which can serve as a basis for terminating the transaction unilaterally.
9.	Information about the parties to the contract	Here indicate the name of counterparties, their addresses and bank details, contact details
10.	Signatures of the parties	Surname and initials of the person who has the right to sign the agreement, their signatures, which are sealed.

It is also necessary to take into account General requirements imposed on agreements of a similar kind by the norms of the Civil Code.

Intermediary services to find new customers

Often, attracting new customers may be necessary in the event of expanding the region of representation of their goods, works, and services. At the same time, the firm is faced not only with questions regarding the amount of payment for the execution of instructions, the distribution of duties and rights, but also the tasks of the organizational plan.

On the video about the conclusion of the agency agreement

So, in order to fill out a sample contract for the provision of services for the selection of clients, you should use the above rules and focus on the norms of the current legislation in order to avoid negative consequences.

The importance of a well-established process of attracting customers to a business is difficult to overestimate. Finding new interested contacts, retaining existing ones and increasing their loyalty is a difficult job that requires the efforts of specialists. Unfortunately, companies rarely allocate specialized units for such activities, and combining it with others official duties employees rarely leads to a successful result. That is why the services of outsourcing call centers are becoming more and more popular.

How are customer acquisition services provided?

To attract consumers, the “call-mail-call” scheme is often used.

1. Updating customer data. The first contact involves clarifying information about potential consumer of your product or service, identifying needs and entering the answers received into a single database. The result of this stage is reaching the decision maker and determining the degree of his interest in the proposed product.
2. Distribution of an individual offer. Thanks to the first contact, it becomes possible to personalize as much as possible offer, entering into it all the information received during the conversation.
3. Collecting opinions on the received CP. Some time after sending the offer, it is appropriate to call the addressee back to find out his reaction.

Benefits of attracting new customers by phone with Wilstream:

• Direct contact with the client. Unlike other means of communication, such as via mail (postal or email) telephone conversation leaves almost no chance that some information will not reach the consumer.
• Instant feedback. The customer's response to the proposed product or service, whether positive or negative, is the purpose of the call. In the first case, you will get another buyer, and in the second case, you will understand how to improve your commercial offer.
• Detailed project reporting. The Wilstream call center will provide you with information about the number of actual contacts, the main objections of customers, the percentage of errors in the database and, of course, who agreed to purchase your product.
• Convenient financial scheme. Pay-for-performance - a customer contact - is the most beneficial principle of working with a call center, and Wilstream, thanks to its experience and technical capabilities, can offer you a lower cost per buyer than the average in the market.

But, of course, the main advantage of working with a remote call center is the freeing up of your employees' time for their immediate duties. Your managers get a "warm" base of clients who are already ready to cooperate with your company, which will undoubtedly have a positive effect on sales.

Entrust communication with your customers to professionals: start working with Wilstream — we know how to attract a client by phone! You just need to fill out the application form below or call us by phone, so that one of our specialists will contact you.

Under an agency agreement, one party undertakes to carry out legal and other actions, and the second party undertakes to pay a certain amount of money for the performance of these actions.

The agent can perform the specified actions:

• in one's own name;
• on behalf of the customer.

Important! the agent performs the actions specified in the contract at the expense of the customer.

An agency agreement can be concluded to carry out various actions (for example, to find and attract customers, sell goods and products of a customer, etc.).

Important! The text of the contract must clearly indicate all the actions that the agent must perform. If you do not specify a specific list of actions, then in the future the customer cannot refer to the lack of certain powers of the agent, and it will be very difficult to prove this fact.

If the agency agreement was concluded to search for clients, then it is necessary to clearly indicate all the powers of the agent related to the implementation of these actions. You can also specify the methods and procedure for searching for clients, the Agent can be given the right to conclude an agreement with the clients attracted by him. But in this case, you must provide the agent with a power of attorney.

Agent remuneration

The contract must carefully regulate the procedure for paying remuneration.

Important! It is necessary to fix the procedure and the moment of performing actions under the contract (from which moment the clients are considered attracted).

If an agency agreement was concluded to attract clients, then it is desirable to provide that the agent receives remuneration for each attracted client only when the client concludes the corresponding agreement. At the same time, it is necessary to provide for the deadlines for presenting information on the number of concluded contracts.

The contract must also provide for a time period for making payments. For example, it can be provided that the customer is obliged to pay remuneration within 20 days from the date of presentation of the agent's report.

The next thing to pay special attention to is the costs of the agent, i.e. the amount that was spent by him to attract customers. There are 2 options available:

• the amount of expenses is included in the amount of remuneration;
• the amount of expenses is not included in the amount of remuneration and is paid by the customer separately on the basis of the report submitted by the agent.

Privacy issues

In practice, there are cases when the parties to the contract become aware of facts or data that constitute a commercial, banking or other secret. In such a situation, confidentiality issues need to be carefully regulated. In particular, it is necessary to provide that the parties are obliged to maintain the confidentiality of information that became known to them as a result of the conclusion of an agency agreement.

It is also necessary to indicate the responsibility of the parties in the disclosure of secrets. It is also desirable to indicate in the contract which actions can be considered as disclosure (for example, providing information to third parties in written or oral form, etc.).

Completed sample document

CONTRACT
providing agency services to find clients

______________ "__" ____________ _____

Hereinafter referred to as "Agent",

represented by ___________________________________________________, acting on the basis of
/position, full name/

On the one hand and

Hereinafter referred to as "Principal",
/full name of the organization/

Represented by ___________________________________________________, acting on the basis of
/position, full name/

On the other side

collectively referred to as the "Parties" have entered into this agreement as follows:

1. Terms and definitions

For the purposes of this Agreement, the following terms apply:

• Customer- any physical or entity wishing to conclude an Agreement with the Principal.
• Treaty - contract for the provision of services, performance of work, sale of goods, which is concluded with the client.

2. Subject of the Agreement

2.1. Under this agreement, the Agent undertakes, for a fee, to perform the following actual and legal action:

• search, attract Clients;
• conclude on behalf of the Principal with the Clients Contracts in the form provided by the Principal;
• accept funds from the Clients in payment for the Works under the Contract to the Principal;
• Carry out other actual and legal actions in case of receipt of the relevant instructions from the Principal.

2.2. Agent not entitled / entitled attract subagents.

2.3. Agent not entitled / entitled conclude agreements similar to this one with third parties.

2.4. Principal not entitled / entitled enter into agreements similar to this one with third parties.

3. Obligations of the Parties

3.1. The agent undertakes:

3.1.1. Execute the order in accordance with the instructions of the Principal.

3.1.2. Not later than the next day after the conclusion of the Contract with a particular Client, notify the Principal about this and transfer the concluded Agreement and all necessary documents to him.

3.1.3. No later than ____________ transfer to the Principal's settlement account the funds received by the Agent from the Clients to the Principal in accordance with the concluded Agreements.

3.1.4. Quarterly submit to the Principal a report on the execution of the assignment contained in this agreement.

3.2. The principal undertakes:

3.2.1. Submit the Contract Form to the Agent.

3.2.2. Transfer to the Agent other information necessary for the latter to effectively fulfill the instructions contained in this agreement.

3.2.3. Pay the Agent remuneration in accordance with the terms of this agreement.

4. Agent Compensation

4.1. The Principal undertakes to pay the Agent a remuneration in the amount of ________ of the amount of each concluded Agreement. The specified amount of remuneration includes VAT at the current rate.

9. Disputes and disagreements

9.1. All disputes and disagreements under this agreement will be resolved through negotiations on the basis of current legislation and business customs.

9.2. The parties came to the conclusion that it is necessary to comply with the mandatory pre-trial procedure for resolving disputes. The procedure for resolving disputes is as follows _____________________________________________________________.

9.3. In case of non-settling in the negotiation process contentious issues disputes are resolved in court in the manner prescribed by applicable law.

10. Privacy.

10.1. The Parties undertake not to disclose information constituting a commercial secret of the other Party and which became known as a result of their mutual cooperation.

10.2. A commercial secret in this Agreement means all the terms of this agreement, all annexes to it, as well as any information that has actual or potential commercial value due to its unknownness to third parties, to which there is no free access on a legal basis and to which the owner cannot keep confidential takes all possible measures. Information constituting a commercial secret may be transferred in writing, in the form of photographs, electronically, graphically, or in any other form.

• already known to the Receiving Party or is publicly known;
• is or becomes publicly known as a result of an incorrect, negligent or intentional act of the Disclosing Party (the Party transmitting information to the Receiving Party);
• legally received from third parties without limitation and without violating this Agreement;
• independently developed by the Receiving Party, provided that the person or persons who developed it did not have access to the trade secret of the Disclosing Party.

10.4. The Receiving Party will maintain the same high level of secrecy to avoid disclosure or use of trade secrets as the Receiving Party would reasonably maintain for its own trade secrets of the same importance.

10.5. The Parties undertake to use information constituting a commercial secret obtained as a result of cooperation only for the purposes of this cooperation.

10.6. The Parties undertake, after the completion of cooperation, not to use the trade secret obtained as a result of cooperation in order to compete with the other Party, as well as to cause harm. Also, after the completion of cooperation, each Receiving Party shall return all documents and other information carriers transferred to it according to the other Party within three days from the first request of the Disclosing Party.

10.7. Under this Agreement, the Parties do not receive any rights to intellectual property the other Party.

10.8. If the Receiving Party is found guilty of disclosing a trade secret, the Disclosing Party, at its discretion, has the right to compensate for the losses incurred in connection with the disclosure or use of a trade secret, or to receive a fine from the Receiving Party in the amount agreed in writing upon transfer of information.

10.9. The Receiving Party shall not be liable for the disclosure of trade secrets if:

• such disclosure is made with the written consent of the Disclosing Party;
• relevant information was provided at the request of the competent authorities state power and/or local authorities.

10.10. The terms of this section come into force from the moment of signing this agreement and are valid for the entire duration of this agreement, as well as for 3 (three) years after the termination of all obligations arising from it.

11. Additional terms and final provisions

Additional terms of this agreement are the following provisions:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

/specify additional conditions/

All notices and communications must be in writing by registered by mail with acknowledgment of receipt.

In all other respects not provided for by this agreement, the Parties will be guided by the current legislation of the Russian Federation.

12. Details and signatures of the Parties:

PRINCIPAL			AGENT
_______________ «___________»			_______________ «___________»
legal the address:			legal the address:
_______________________________ «_______________________»			_______________________________ «_______________________» _______________________/______________

Any business needs to expand to be successful. client base. One of the convenient means of delegation of authority in this direction is the involvement of agents in the search for clients. To regulate relations, the parties enter into an agency agreement.

The concept of an agency agreement

An agency agreement or a buyer search agreement provides that the agent will provide customer search services for the principal, that is, the entrepreneur whose goods or services need to be sold to the agent.

This agreement can be of the following types:

• The agent seeks clients at his own expense and on his own behalf;
• The agent acts on his own behalf, but at the expense of the principal;
• The agent acts on behalf of the principal and at his expense.

Depending on the type chosen, they line up and contractual relationship between the parties, specific conditions for cooperation are prescribed. The amount of remuneration also depends on the type of agency agreement. If the agent acts at the expense of the principal, then the remuneration is paid to him after the transaction by the principal himself. In cases where the agent works at his own expense, the remuneration is withheld from the payment for the goods or services by the agent on his own. According to this scheme, air ticket offices and travel agencies most often work.

Sample agency agreement for the provision of customer search services

Currently, the network can find many samples of agency contracts for the most different types entrepreneurial activity, but there is no universal form. Like any other contract, it must reflect the specifics of the work of a particular enterprise. For example, an agency agreement to search for buyers from a manufacturer's company will be very different from an agreement concluded with an exporter of similar equipment.

But regardless of the specifics of goods or services, the agency agreement must provide the following information:

• Names of the parties;
• Subject of the agreement – ​​services for finding potential customers for the principal;
• The obligations of the parties;
• The procedure for calculating and paying the agency fee;
• Agent reporting;
• Responsibility of the parties.

Advice: there must be a clause in the agency agreement excluding the liability of each party for the actions of the other. For example, "the contractor is not responsible for the actions of the principal to third parties, and the principal is not liable to third parties for the actions of the contractor, including during the execution of this contract."

When concluding an agency agreement, in practice, the parties often impose various restrictions on each other related to the execution of the concluded agreement. The most common are the following:

• The Principal undertakes not to carry out an independent search for clients on the territory of the agent's work;
• The Principal is not entitled during the term of the contract to conclude similar contracts in the territory of the agent;
• The Agent is prohibited from entering into similar agreements with other customers;
• The agent is not entitled to search for clients outside the territory allocated to him.

The agent's reporting procedure is of great importance, since it is the agent's report that is the main indicator of his work, as well as the basis for calculating remuneration. The parties independently determine the procedure and terms of reporting, but these conditions must be fixed in the contract or in the form separate application. The specific form of the agent's report depends on the specifics of the activity. For example, if the agent's task includes , then a transaction report can be submitted immediately after it is completed. If a product or service involves a shorter transaction cycle and they take place more often, for example, services for renting special equipment, then a report can be submitted at a certain frequency, for example, once a week, month, etc.

Features of some agency contracts

The characteristic features of individual goods entail the need to take these features into account when concluding agency agreements to find buyers.

Contract for finding buyers for real estate

The owner of real estate can involve an agent in the search for buyers for the object being sold. In this case, the agent has an additional obligation to ensure the legal purity of the object. Therefore, an agency agreement to search for buyers for a property should provide, in addition to the standard provisions of such agreements, the following information:

• Full name and data on the object being sold;
• Qualitative and quantitative characteristics of the object;
• The scope of services provided - it can only be a search potential buyers or search for buyers and support of the purchase and sale transaction;
• A clause on the removal of responsibility from the agent for the actions of the seller.

Copies of documents for the object being sold, as well as a copy of the seller's passport, must be attached to such an agency agreement.

Contract for the provision of services for the search for buyers of services

Agency agreements have become widespread in the field of sales of goods, but companies providing various services have increasingly begun to resort to the help of agents. For example, entrepreneurs who work in the field actively use the agency scheme. Often the owners transport company there is not even technology and advertising, but there are agents of carriers and agents of consignors. The business owner can only match requests from agents and receive a percentage of each order.

The agency scheme works well and in educational services. For example, an agent can search for clients on the course "", thus the course organizer does not need to spend his time on advertising and attracting clients.

In the agency agreement for the search for buyers of services, it is necessary to indicate a specific list of services in respect of which the agent works. Moreover, the contract may oblige the principal to provide all information about his services, including information about the availability of special permits, licenses, etc.

The role of the agency agreement in business

An agency agreement for the search for buyers can be concluded by any subject of legal relations, including individual. For example, a car owner can instruct an agent. Thus, the owner of the car saves himself from unnecessary trouble, but receives a source of passive income.

In business, an agency agreement is one of the effective means of development. Attracting agents allows you to increase sales without additional investments. The agent replaces the sales manager, and the agent's job is often more efficient work staff member. The contractor under an agency contract works for a percentage of the transaction, so he not only sends out, but is looking for other options to bring each potential client to a real deal. As practice shows, in most types of services and wholesale trade the involvement of agents has a positive effect on sales dynamics. The situation is similar in sales of real estate, equipment and machinery.

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Do not forget that the agency agreement is also an opportunity to start own business without investment. A novice entrepreneur only needs to find a company that works with agents and start promoting their products or services. To date, many entrepreneurs in the wholesale trade are creating a business using this option.

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