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Engagement Letter

By Alfred Wells,2014-04-28 13:03
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Engagement Letter

    Engagement Letter

Accenture Consultancy Ltd.(“Accenture”) is pleased to provide China Mobile (Hongkong)

    Limited(China Mobile) with Human resources consulting services. This letter of agreement will

    confirm the scope, terms and conditions of our engagement.

1. Scope

    Accenture will provide consulting services (the “Services”) as described in the attached

    proposal.

2. Schedule

     We estimate that this engagement will be completed according to the schedule agreed by

    Accenture and China Mobile upon the letter accepted by China Mobile.

3. Services Quality

     Accenture shall perform the Services with due care and in accordance with the

    requirements of this agreement. In cases where this agreement does not specify a standard

    of performance, the Services shall be performed in accordance with prevailing industry or

    professional standards. Accenture will endeavour to perform all of the Services to China

    Mobile's satisfaction, and make sure the deliverables be confirmed by China Mobile Top

    management.

4. Consulting Fees

     Accenture’s consulting fees will be based on the time spent by our associates in performing

    the Services.

     We estimate that Accenture’s fees will be _USD 362,350 (Including the Out of Pocket

    Expense , such as 5% business tax, telecommunication, meals, transportation, and other

    possible expenses, which is estimated to be USD 52,350)

5. Invoicing

     Accenture will invoice China Mobile for fees and expenses in accordance to the following

    payment schedule:

    - Project Proposal acceptance 30% of Total fees(USD 108,705)

    - After Conducting Job Evaluation at the end of May, 2001

     40% of Total fees(USD 144,940)

    - After all the deliverables submitted at the end of July, 2001

     30% of Total fees(USD 108,705)

     Invoices are payable upon receipt and payment will be due thirty (30) days following the

    date of the invoice. Accenture will assess a late charge at the rate of one percent (1%) per

    month on any balance outstanding more than 30 days following the date of the invoice.

6. Responsibilities

    We anticipate China Mobile will assign at least 8 people involved in this project. And China

    mobile promise to provide the necessary data and information in a timely manner according

    to the project plan and Accentures notice, and we also anticipate that such data will be

    accurate and in acceptable formats and media. If China Mobile is unable to participate in

    the project as specified in project plans or if information provided is inaccurate, incomplete

    or delayed without acceptable and reasonable ground, then the scope of the project may

    be different from described in this letter. Both sides should adjust the project scope and the

    relevant fees after complete negotiation.

7. Proprietary Interests and Confidentiality

     At the conclusion of this engagement, Accenture will return to China Mobile all materials,

    data and documents provided to Accenture by China Mobile. During the term of this

    agreement, Accenture shall take reasonable measures to preserve the confidentiality of

    any proprietary or confidential information provided to Accenture by China Mobile.

     Final reports delivered to China Mobile will normally be the property of the China Mobile but

    in appropriate cases Accenture may restrict the use or disclosure of such reports. Any

    restrictions will be discussed with China Mobile in advance of the preparation of the final

    report.

     All proprietary information, materials and software owned or created by Accenture and all

    workpapers, computer runs, software, databases and drafts created during the course of

    this engagement will remain the property of Accenture.

8. Limitation of Liability

     China Mobile and Accenture shall not be liable for any indirect, special or consequential

    damages arising from the performance, non-performance or breach of this agreement. If

    any of the Services do not conform to the requirements of this agreement, China Mobile

    shall notify Accenture promptly and Accenture shall reperform such Services at no

    additional charge to China Mobile or shall refund the portion of the fees paid with respect to

    such Services. Accenture's total liability for any breach or non-performance of this

    Agreement shall be limited to the amount of the fees paid pursuant to this agreement.

    9. Changes

     This letter states the entire understanding of the parties concerning Accenture’s provision of

    the Services and supersedes any prior proposals, correspondence or discussions

    concerning this engagement. The terms and conditions of this letter agreement may be

    amended only by a writing signed by the duly authorised representatives of China Mobile

    and Accenture.

10. Term and Termination

     This agreement shall remain in effect for a period of one (1) year following the date of

    mutual execution or until the Services are fully performed, whichever occurs first. Either

    party may terminate this Agreement with or without cause by giving ten (10) days prior

    written notice of termination to the other party. If the engagement is terminated by China

    Mobile, China Mobile needs to pay all consulting fees related to the project before the

    project termination date.

11. Dispute

    The dispute related with this letter, if possible and reasonable, should go through friendly

    discussion and negotiation. If it can not be settled, the dispute should be settled through

    arbitration.

Attachment: Proposal

Yours sincerely,

Accenture ConsultancyLtd.

General Manager

    Agreed and Accepted:

    China Mobile (Hongkong) Limited

    By:

    Title: Date:

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