ICE8000 contract drafting, credit evaluation and supervision standards

Chapter I General Provisions

1.1 In order to help people reduce contract risks, guarantee contract performance, promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization [WCO] develops this standard in accordance with international practices and common legal principles.

1.2 The main legal basis for the development, application and implementation of this standard is as follows:

(1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

(2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

(3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

(4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization [WCO] in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization [WCO].

1.4 The drafting, evaluation and supervision of the contract follow the principles of legality, efficiency, freedom and prudence.

1.5 This standard is applicable to the drafting, evaluation and supervision services of ICE8000 credit institutions.

1.6 The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization [WCO] member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and obtains world credit. Organization of [WCO] certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization [WCO], not a branch, representative office, agency or subordinate organization of the World Credit Organization [WCO]. According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.

1.7 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

1.8 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization [WCO]. Terms and conditions.

Chapter II Drafting of Contracts

(1) Based on the actual situation of the client, draft a draft contract with complete form and no obvious defects.

(2) If the client requests, participate in or preside over the contract draft review meeting with the client and related personnel to fully study the suitability of the draft contract.

(3) If the client requests, participate in contract negotiation and contract signing, so that the contract terms can be understood and accepted by the other party to the maximum extent.

2.2 Service procedures for contract drafting:

In the first step, the client proposes to draft a contract, explain the relevant situation, and pay the service fee.

In the second step, the ICE8000 credit agency drafts the “Proposed Draft Contract” and submits it to the World Credit Organization [WCO] for filing and reviewing it. If requested by the customer, the ICE8000 credit institution may participate in or host a contract review meeting attended by the client and related personnel.

In the third step, if the two parties have different opinions, after the communication and discussion, the ICE8000 credit institution will modify the draft contract according to the customer's final opinion, and file it with the World Credit Organization [WCO] as the “Contract Draft Customer Decision Draft”.

In the fourth step, the ICE8000 credit institution sends the draft contract together with the filing number and the inquiry password to the customer. If requested by the customer, the ICE8000 credit institution can participate in contract negotiation and contract signing.

2.3 Unless the client expressly disagrees or clearly deviates from the factual requirements, the following provisions shall be in the draft contract:

(1) Quality standards for goods or services;

(2) the price of the goods or services;

(3) Delivery time or service period;

(4) delivery or service location;

(5) Delivery and inspection methods (signature of delivery documents, inspection time);

(6) Payment method (cash, transfer, money order);

(7) Payment procedures (receipt, invoice opening time, invoice before payment or invoice after payment);

(8) Dispute Resolution and Credit Supervision Terms (ie: CS clause).

2.4 If necessary and possible, the draft contract should include:

(1) clarify the terms of the court of jurisdiction and the applicable law;

(2) clearly state the terms of the place where the contract is signed;

(3) Explicitly state the terms of retention of title;

(4) Explain the terms of the security right.

2.5 The ICE8000 credit institution shall be responsible for the completeness and integrity of the draft “Proposed Draft Contract” drafted. However, since the “Contract Draft Customer Decision Draft” is determined by the customer's final opinion, the ICE8000 credit institution cannot guarantee the completeness and integrity of the content of the draft, nor is it responsible for the contract ultimately concluded by the content of the draft.

2.6 The record number and inquiry password of the draft contract are to supervise the diligence and diligence of the ICE8000 credit institution, and do not indicate that the draft contract passed the ICE8000 credit evaluation.

Chapter III Contract Credit Evaluation

3.1 Based on the neutrality requirement of the contract evaluation, the contract drafter and the contract evaluator cannot be the same practitioner.

3.2 Regardless of whether the draft contract is drafted by a practitioner, the parties to the contract may apply for a contract credit evaluation.

3.3 The content of the contract credit evaluation includes the following four parts:

(1) Whether the contractual subject is true, legal and has a willingness to be honest, the main evaluation:

A. Whether the registration certificate of the party is legal or true;

B. Whether the legal representative of the party, the identity of the signatory, and the identity of the manager are true;

C. Whether the parties have the qualification to sign contracts;

D. Is the signatory a legal representative, and if not, whether it has obtained the authorization of the legal representative;

E. Does the party have obvious suspicion of fraud?

(2) Whether the contract content is legal and effective, the main evaluation:

A. Whether the content of the contract violates the prohibition of the law;

B. Whether the content of the contract violates the prohibition of the regulatory documents such as administrative regulations (the document must not contravene the law).

(3) Whether the content of the contract has obvious flaws, the main evaluation:

A. Does the contract have obvious exaggeration and unrealizable content, or whether some of the contracts in the contract clearly exceed the ability of the parties to perform;

B. Is there an obvious trap or risk in the contract?

(4) Whether the contract is supervisable and creditable, the main evaluation:

A. Whether the parties to the contract have agreed on the terms of the CS;

B. Is the agreed CS clause valid?

The above four items of content qualification criteria are as follows:

In item (1), if one party is qualified, it is deemed to be qualified.

In item (2), if the answer is all not violated, the evaluation is qualified.

In item (3), if the answer is all not, the evaluation is qualified.

In item (4), if the answer is all positive, the evaluation is qualified.

If the first four items are all qualified, the contract is evaluated.

3.4 If necessary, the ICE8000 credit institution has the right to request the parties to provide relevant financial information and other relevant information in the process of contract evaluation. If the party refuses the relevant requirements without justified reasons, the contract credit evaluation procedure shall be suspended.

3.5 In order to ensure the authenticity of the contract party's identity, the ICE8000 credit institution has the right to require the contract party and the manager to have the [established letter organization] credit identity. If the party refuses, the ICE8000 credit institution may suspend the contract credit evaluation procedure.

3.6 Contracts requiring credit evaluation should be signed at the same time for more than three times, and indicate that one of them is filed with the World Credit Organization [WCO], such as: the contract states: "This contract is in triplicate, one of which is to the World Credit Organization. [WCO] Filing."

3.7 In order to avoid contract risks, the parties to the contract may clearly state in the contract that “this contract is effective on the date of passing the ICE8000 contract credit evaluation. The date of the “Certificate of Credit Evaluation by Contract” is the date of the credit evaluation through the ICE8000 contract.” Typeface.

3.8 The parties to the contract may apply for evaluation after the contract is signed, or they may apply for evaluation before the contract is signed.

3.9 Credit evaluation procedures before the contract is signed:

In the first step, the contracting party submits the application and submits the contract information, pays the fee, and guarantees the authenticity of the application materials.

In the second step, the ICE8000 credit institution evaluates the credit of the contract and handles the following:

(1) If the contract information is in compliance with the provisions of this standard, it shall be filed with the World Credit Organization [WCO] and a Contract Credit Evaluation Report shall be issued.

(2) If the ICE8000 credit institution believes that the contract does not meet the requirements of this standard, it shall issue a “Contract Credit Evaluation Feedback Form”, and the contract parties shall modify the contract information in accordance with the requirements of the “Contract Credit Evaluation Feedback Form”. If the contracting party refuses to modify the contract information, or the contract information is still unsatisfactory after the issuance of the “Contract Credit Evaluation Feedback Form” three times, the evaluation procedure is terminated and the “Not Accepted Credit Evaluation Notice” is issued.

The third step, after the contract is signed, the contract parties submit the contract text and related materials to the ICE8000 credit institution to receive the “Certificate of Credit Evaluation by Contract”.

3.10 Credit evaluation procedures after contract signing:

In the first step, the contracting party submits the application and submits the contract information, pays the fee, and guarantees the authenticity of the application materials.

In the second step, the ICE8000 credit institution evaluates the credit of the contract and handles the following:

(1) If the contract information is in compliance with the provisions of this standard, it shall be filed with the World Credit Organization [WCO], and the "Contract Credit Evaluation Report" and the "Contract Credit Evaluation Notice" shall be issued.

(2) If the ICE8000 credit institution believes that the contract does not meet the requirements of this standard, it shall issue a “Contract Credit Evaluation Feedback Form”, and the contract parties shall modify the contract information in accordance with the requirements of the “Contract Credit Evaluation Feedback Form”. After the parties to the contract modify and re-sign the contract according to the requirements of the “Contract Credit Evaluation Feedback Form”, the parties to the contract submit the contract text and relevant materials to the ICE8000 credit institution, and receive the “Contract Credit Evaluation Report” and the “Contract Credit Evaluation Notice”. If the parties to the contract refuse to modify or refuse to re-sign the contract, or if the contract information is still unsatisfactory after the issuance of the “Contract Credit Evaluation Feedback Form” three times, the evaluation procedure shall be terminated, and the “Notice of Credit Evaluation of the Contract” shall be issued.

3.11 In order to ensure the objectivity of the contract credit evaluation, the evaluation fee will not be refunded regardless of whether the contract passes the credit evaluation or whether the contract is actually signed.

Chapter IV Liability for breach of contract and method of investigation

4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

(1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

(2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

(3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

(4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

4.2 Method of investigation of breach of contract liability:

(1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

(2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

(3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

(4) If the defaulter has the membership of the World Credit Organization [WCO], the parties also have the right to make a complaint in accordance with the World Credit Organization [WCO] Member Supervision Standards;

(5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

4.3 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

(1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

(2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

(3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

4.4 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

4.5 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

4.6 The World Credit Organization [WCO] shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization [WCO] for the next year. If the economic compensation is relatively large, compensation shall be made in each year.

After accepting economic compensation, the World Credit Organization [WCO] has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

Chapter V Supplementary Provisions

5.1 With the approval of the World Credit Organization [WCO], ICE8000 credit institutions may apply for name registration for eligible website names for public welfare purposes.

5.2 This standard shall be implemented as of the date of promulgation.

5.3 The terms involved in this standard, if their meaning is not agreed in this standard, the meaning of which is described in the “International Credit Industry Terminology of ICE8000 International Credit Standard System”.

5.4 All relevant parties submit various types of materials submitted to the World Credit Organization [WCO] (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.

5.5 If all parties concerned know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization [WCO] and other parties shall not be responsible for this.

5.6 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/15.html .

5.7 The copyright of this standard belongs to the World Credit Organization [WCO], and members can use it for free and unlimited use; non-members can use it for free, study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

5.8 The version number of this standard is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.