1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor accepts, the provision of information services using Systems owned by the Customer, as provided in Section 2 of this Agreement, according to the following list: .
1.2. The Customer does not have the right to commercially distribute the information supplied to him without the written permission of the Contractor or the Organization.
2. INFORMATION SERVICE PROCEDURE
2.1. The Contractor begins to provide information services using the System after the Contractor provides the original registration card (sheet) with a number corresponding to the System number.
2.2. Information services include:
- supply and replenishment of the Customer's Document Catalog within the volume received from the Organization to the Contractor;
- providing information in accordance with the Customer’s request;
- ensuring that the Customer receives information;
- providing the Customer with the opportunity to receive consultations by telephone and in the Contractor’s office on the operation of the System.
2.3. The customer has the right to choose documents during the current supply of information.
2.4. The customer has the right to receive current information at least less frequently.
2.5. Information services can be organized in the form of Catalog service or subscription service (in the form of a standard request).
2.5.1. In the case of servicing the Customer using the Catalog, the Customer selects and receives the information he needs.
2.5.2. In the case of subscription services, the Customer is supplied with information in accordance with the complete replenishment of the System Catalog.
2.6. The Customer undertakes to agree with the Contractor exact time delivery of information, ensure readiness technical means and unimpeded access to the System at the agreed time in case of delivery of information by the Contractor’s courier.
3. PROCEDURE FOR USE AND TRANSFER OF ACCOMPANIED SYSTEMS
3.1. The System (network version of the System) contains software protection against unauthorized copying and is operational only on a computer ( local network), registered Contractor.
3.2. The Customer has the right to transfer the System (network version of the System) to another computer (local network). The Contractor is obliged, at the request of the Customer, to re-register the computer (local network) on which the System is used.
3.3. The Customer does not have the right to use one System on two or more computers simultaneously. The Customer has no right to use the network version of the System on two local networks simultaneously and/or simultaneously use it on more local network workstations than specified for this version.
3.4. The Customer has the right to transfer the System to a third party.
3.5. After the transfer of the System, the Customer is obliged to provide the Contractor within ten days with copies of documents confirming the fact of transfer, namely: either a copy of the Agreement, or a copy of the Acceptance Certificate, or copies of the Invoice and Payment Order with the bank’s seal. In the absence of documents confirming the transfer, the Contractor will not serve the new user.
3.6. After the Customer transfers the System to a third party, all obligations of the Contractor to the Customer regarding information services become invalid.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. The basis for settlements for calendar month is the Invoice that the Contractor provides to the Customer at the end of each month. The invoice includes payment for services provided by the Contractor during the month according to the price list for that month.
4.2. The Customer undertakes to pay for information services within days from the date of receipt of the Invoice.
4.3. In case of delay in payment of the Invoice, the Customer shall pay a penalty in the amount of % of the total amount of the overdue payment for each day of delay. The payment period is determined by the date of posting payment documents through the Customer's bank.
4.4. The Contractor has the right to unilaterally change the payment scheme for information services under this Agreement, including introducing prepayment for services, notifying the Customer days before introducing changes.
5. DURATION OF THE AGREEMENT
5.1. This Agreement is concluded for the period from "" 2019 to "" 2019.
5.2. This Agreement may be extended upon expiration by mutual consent of the parties.
6. RESPONSIBILITY OF THE PARTIES
6.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Contractor and the Customer bear property liability in accordance with the current legislation of the Russian Federation.
6.2. In the event that the Customer has justified claims against the System regarding the unreliability of the included information and incorrect operation software, then the Customer will have the right to demand early termination of this Agreement. In this case, the Contractor will be obliged, within the period from the date of receipt of the Justification for the identified deficiencies in the operation of the System and the official Notice of termination of the Agreement, to pay the Customer a fine within the amounts transferred by the Customer for information support of the System during the months preceding the moment the Customer’s claim arises. After termination of the Agreement and payment of the fine by the Contractor, the Customer loses all rights to use the Systems.
6.3. If the Customer violates the terms of payment for information services, the Contractor has the right to terminate information support by notifying the Customer in advance.
6.4. In the event of a violation by the Customer of clause 1.2 of the Agreement, including when publishing information provided by the Contractor, publication in the form of a collection, distribution in the form of its own database or via telecommunication networks, or in any other way without written permission, the Contractor has the right to terminate this Agreement early Agreement.
7. SPECIAL CONDITIONS
7.1. The price list for the next calendar month can be provided to the Customer upon his request at the Contractor's office or by fax from the date of the current month.
7.2. The Customer has the right to refuse information services provided by the Contractor before the expiration of the Agreement.
7.3. Canceled information services may be resumed by the Contractor during the validity period of this Agreement, under the same conditions, at the request of the Customer.
7.4. The Contractor has the right to transfer all rights and obligations under this Agreement to another official Distributor Organizations notifying the Customer days before the transfer.
7.5. In all cases where any deadlines under this Agreement are indicated, days are understood to be official working days, and months are understood to be full calendar months.
7.6. In the event that due to technical features If any conditions of this Agreement cannot be fulfilled by a certain System, then these conditions and liability for failure to fulfill these conditions, if any, are considered ineffective in relation to this System.
8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Executor
Customer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
9. SIGNATURES OF THE PARTIES
Performer _________________
Customer_________________
Please note that the service agreement was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with legal requirements. Russian Federation.
AGREEMENTAGREEMENT
for the provision of information and consulting services
_________“___”______________ g.
Hereinafter referred to as the “Customer”, represented by ______________________, acting on the basis of _____________, on the one hand, and ____________________, hereinafter referred to as the “Contractor”, represented by ___________________, acting on the basis of _______________________, on the other hand, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes the obligation to provide services, and the Customer undertakes to accept and pay for them.
1.2. Within the framework of this agreement, information is provided consulting services in area__________________________________________________________ ____________________________________________________________________.
2. OBLIGATIONS OF THE PARTIES
2.1. The performer is obliged:
2.1.1. Consult the Customer on the following issues: _________ _________________________________________________________________________________________________________________________________________.
2.1.2. Analyze information, documents and other materials provided by the Customer.
2.1.1. Complete the Customer’s assignment within the time limits stipulated by this agreement and with proper quality.
2.1.2. Provide the Customer with a report on the services provided, which should reflect information on issues of interest to the Customer, a conclusion and the necessary recommendations.
2.2. The customer is obliged:
2.2.1. Provide the Contractor with the documentation and information necessary for the latter to fulfill its obligations within ___ days from the date of signing this agreement.
2.2.2. Provide all possible assistance to the Contractor in fulfilling the latter’s obligations under this agreement.
2.2.3. Accept the Contractor's report on the services provided and consider it within ___ days.
2.2.4. Make timely payment for the Contractor’s work in accordance with the terms of this agreement.
2.3. The performer has the right:
2.3.1. Receive documents, clarifications and additional information related to the issue of consulting, and necessary for the quality provision of consulting services.
2.3.1. For timely and full payment for the services provided to the Customer in accordance with the terms of this agreement.
3. PAYMENT PROCEDURE
3.1. For the provision of services provided for in this agreement, the Customer pays the Contractor _________________________ rubles, including VAT - ______________________ rubles.
3.2. Payment under this agreement is made by transferring the amount specified in clause 3.1. to the Contractor’s bank account within ______________ banking days from the date of ________________________________.
4. TERMS OF SERVICE
4.1. The Contractor's services must be performed within _______ days from the date of signing the contract, as well as all necessary documents and information that the Customer must provide for the Contractor to properly perform its duties.
4.2. Documents and information must be transferred to the Contractor in writing in person, or using telefax or electronic communications.
4.3. The Contractor undertakes to maintain the confidentiality of information received from the Customer for the provision of services.
4.4. The Contractor may involve third parties to perform this agreement, which does not relieve the Contractor from responsibility for the quality of services provided.
4.5. The deadline for the provision of services is the moment the Contractor’s report is provided to the Customer.
4.6. After reviewing the Contractor’s report, an acceptance certificate for the services provided is drawn up, which indicates: full list services provided by the Contractor, their cost, including VAT, and the status of settlements.
5. RESPONSIBILITY OF THE PARTIES
5.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the parties bear responsibility under the current legislation of the Russian Federation.
5.2. If payment for services is late, the Customer is obliged to pay the Contractor a penalty in the amount of ____% of the unpaid amount for each day of delay.
5.3. In case of delay in performing services, the Contractor is obliged to pay the Customer a penalty in the amount of ____% of the cost of the unfulfilled service for each day of delay.
6. FORCE MAJEURE CIRCUMSTANCES
6.1. Neither Party is liable to the other Party for failure to fulfill obligations under this Agreement due to force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given conditions that arose against the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, embargo, fires, earthquakes, floods and other natural disasters, and also publication of acts government agencies.
6.2. A certificate issued by the relevant chamber of commerce and industry or other competent authority is sufficient confirmation of the presence and duration of force majeure.
6.3. A Party that fails to fulfill its obligation due to force majeure must immediately notify the other Party of such circumstances and their impact on the fulfillment of obligations under the Agreement.
6.4. If force majeure circumstances persist for 3 (three) consecutive months, this Agreement may be terminated by either Party by sending written notice to the other Party.
7. DISPUTE RESOLUTION PROCEDURE
7.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between them.
7.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in the arbitration court of the city of _______ in accordance with the procedure established by the legislation of the Russian Federation.
8. PROCEDURE FOR CHANGE AND TERMINATION OF THE AGREEMENT
8.1. Any changes and additions to this Agreement are valid only if they are in writing and signed by both Parties.
8.2. Early termination of the Agreement may take place in accordance with clause 6.4 of this Agreement either by agreement of the Parties, or on the grounds provided for by the legislation of the Russian Federation.
8.3. The Party that decides to terminate this Agreement must send written notice of its intention to terminate this Agreement to the other Party no later than _________________ days before the expected day of termination of this Agreement.
8.4. In case of early termination of the contract, the parties make mutual settlements for services actually rendered at the time of termination of the contract.
9. OTHER CONDITIONS
9.1. This Agreement comes into force on ____________________ and is valid until the parties fully fulfill their obligations under the agreement.
9.3. This Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.
Addresses and details of the parties
Signatures of the parties
This document “Rules for the provision of information services” represents prerequisites, in which it is allowed to conclude and execute contracts for the provision of information services using the “Competition-Online” Service.
1.
Terms and Definitions
1.1. In this document and the relations of the Parties arising or related thereto, the following terms and definitions apply:
1.1.1. Rules– the text of this document with all appendices, amendments and additions to it, posted on the Contractor’s Website and available on the Internet at: .
1.1.2. Agreement– an agreement for the provision of paid Services, together with all related Mandatory Documents, which is concluded and executed by the Parties in the manner prescribed by these Rules.
1.1.3. Services - information services to ensure the Customer’s access to additional functionality of the Service listed in the Contractor’s Price List.
1.1.4. Performer – LLC "Other Programs"
1.1.5. Customer– a person who is capable of making Acceptance under the terms of these Rules (in relation to the procedure for concluding the Agreement) or who has made Acceptance of the Offer under the terms of these Rules (in relation to the execution of the concluded Agreement).
1.1.6. Order– performance by the Customer of the actions listed on the corresponding page of the Site or his Personal Account, necessary for the execution of a separate Agreement.
1.1.7. Offer –
the Contractor’s proposal to conclude an Agreement, drawn up on the basis of the Order, expressed by issuing an invoice for payment for the Services or sending an Order for payment through the payment system using the Customer’s Personal Account.
1.1.8. Acceptance – full and unconditional acceptance of the Offer under the terms of these Rules by the Customer performing the actions specified in Section 9 of the Rules, creating an Agreement between the Customer and the Contractor.
1.1.9. Service– the totality of the Site, Competition sites and Content posted on them, to which Users are given access using the Platform.
1.1.10. Platform- the Contractor’s software and hardware integrated with the Site.
1.1.11. Contractor's website / Website – any of the automated information systems available on the Internet at network addresses in the following domains (including subdomains): .
1.1.12. Personal Area– a personal section of the Site, to which the Customer gains access after registration and/or authorization on the Site. The personal account is designed to store personal information Customer, placing Orders, viewing statistical information about completed Orders, the stage of their provision, the current state of the Personal Account, and receiving notifications in the notification procedure.
1.2. These Rules may use terms and definitions not defined in clause 1.1. Rules In this case, the interpretation of such a term is made in accordance with the text of the Rules. If there is no unambiguous interpretation of a term or definition in the text of the Rules, one should be guided by its interpretation, determined: first of all, by the documents forming the Agreement between the Parties, secondly, by the legislation of the Russian Federation, and subsequently by business customs and scientific doctrine.
2.
Subject of the Agreement
2.1. The Contractor undertakes, if available technical feasibility provide Services on the basis of placed Orders, and the Customer accepts and pays for Services under the terms of these Rules.
2.2. Name, composition and cost of Services, as well as other the necessary conditions Contracts are determined on the basis of information and materials provided by the Customer when placing an Order, in accordance with the terms Mandatory documents.
2.3. A prerequisite for the provision of Services by the Contractor is the unconditional acceptance and compliance by the Customer of the requirements and provisions applicable to the relations of the Parties under the Agreement, defined by the following documents (“Mandatory Documents”):
2.3.1. Terms of use, located and/or accessible on the Internet at the address and including General terms registration on the Site and use of the Contractor's Service;
2.3.2. Price list, posted and/or accessible on the Internet at the address used by the Contractor to calculate the cost of the Services on the date of placing the Order and including, in relation to the relevant type and composition of the Services, information about the name and cost of the Services proposed by the Contractor, as well as other necessary conditions for their provision.
2.3.3. Privacy Policy, posted and/or accessible on the Internet at the address and containing the rules for the provision and use of the Customer’s personal information.
2.4. Specified in clause 2.3. of the Rules, documents binding on the Parties form an integral part of the Agreement concluded in accordance with the Rules.
3.
Rights and obligations of the parties
3.1.
The Contractor undertakes:
3.1.1. Provide Services in full compliance with the Agreement, including Mandatory Documents, and the requirements of the legislation of the Russian Federation;
3.1.2. Promptly notify the Customer about the progress of the Services;
3.1.3. At the Customer's request, extend the period for providing Services in the cases provided for in these Rules.
3.2.
The performer has the right:
3.2.1. Do not begin providing Services until payment is made;
3.2.2. Suspend the operation of the Service for maintenance, if possible at night or on weekends, but not more than once a month;
3.2.3. Suspend the provision of Services in case of violation by the Customer of the requirements stipulated by the Agreement, Mandatory Documents, as well as in other cases established by the legislation of the Russian Federation;
3.2.4. Restrict individual actions of the Customer if such actions pose a threat to normal functioning Service;
3.2.5. Change unilaterally the Rules and the Mandatory Documents specified therein without notifying the Customer in relation to Services for which there is no valid Agreement with the Customer;
3.2.6. Refuse unilaterally to execute the Agreement in cases provided for by the current legislation of the Russian Federation and/or these Rules;
3.2.7. Exercise other rights provided for by the current legislation of the Russian Federation, as well as these Rules, including Mandatory Documents.
3.3.
The customer undertakes:
3.3.2. Check the Order before making Acceptance;
3.3.3. Pay for Services under the Agreement in in full on time;
3.3.4. Check the availability of the Contractor’s notifications on the Contractor’s Website (including in the Customer’s Personal Account) and on email address specified by the Customer when placing the Order, as well as view information about the progress of the Services.
3.3.5. Perform other duties provided for in the Agreement, including Mandatory Documents, as well as the current legislation of the Russian Federation.
3.4.
The customer has the right:
3.4.1. Provide an unlimited number of its representatives with the opportunity to manage and otherwise use the Service in respect of which the relevant Services have been purchased;
3.4.2. Check the progress and quality of provision of Services for placed Orders;
3.4.3. Refuse unilaterally to execute the Agreement in cases provided for by the current legislation of the Russian Federation and/or these Rules;
3.4.4. Exercise other rights provided for in the Agreement, including the Mandatory Documents, as well as the current legislation of the Russian Federation.
4.
Cost of Services and payment procedure
4.1. The cost of the Services under the Agreement is determined in accordance with the Contractor’s Price Lists valid on the date of placing the Order relating to them, depending on the name, composition and (if necessary) period of provision of the Services.
4.2. Payment for the Services is made by the Customer by making an advance payment in the amount of 100% of the cost of the relevant Services.
4.3. Payments under the Agreement are made by non-cash transfers to the Contractor's bank account or using the payment services specified when placing the Order on the Website.
4.4. The Customer is considered to have fulfilled his obligations to pay for the Services from the moment of receipt Money to the Contractor's bank account in established amount in case of non-cash payment or provision of information about the payment made by the Customer by the payment service operator acting on the basis of an agreement with the Contractor.
5.
Delivery of Services
5.1. Services are considered provided by the Contractor from the moment the Customer is able to use the relevant additional functionality of the Service by opening and reserving the Customer’s access to them for the appropriate period in the Contractor’s internal accounting system.
5.2. The customer is obliged to familiarize himself with Personal account with information about the Services ordered and provided, the composition and timing of providing access to additional functionality of the Service, as well as funds deposited and written off as part of the execution of the Agreements to pay for the Services under the specified Agreements.
5.3. Upon completion of the provision of services, the Contractor draws up a primary accounting document (hereinafter referred to as the “Report”) separately for each executed Agreement. The report is prepared in the form approved by the Contractor's accounting policy as of the date of its preparation.
5.4. The parties acknowledge and unconditionally agree that information about the Services provided is indicated in the Report based on data from the Contractor’s internal accounting system.
5.5. Report to in electronic format sent to the address Email of the Customer or is displayed in the Customer’s Personal Account no later than 5 (Five) business days from the date of completion of the Services.
5.6. The Customer has the right to receive a copy of the Report on paper signed and sealed by the Contractor at the location of the Contractor specified in the current Agreement. At the Customer's request, a copy of the Report on paper can be sent by Russian Post to the address specified by the Customer in the Personal Account.
5.7. If the Customer fails to submit written objections to the Report within 10 (Ten) business days from the date of receipt of the Report to the Contractor, the Services are considered accepted by the Customer and are subject to payment in full. In this case, the Report signed by the Contractor has full legal force. Failure of the Customer to receive the Report in electronic form or on paper does not relieve the Customer from paying for the Services actually provided.
6.
Guarantees of the parties
6.1. The Contractor guarantees:
1) he owns the rights to use the Service to the extent necessary for the proper fulfillment of obligations under the Agreement;
2) provision of Services under the Agreement in full compliance with these Rules and Mandatory Documents.
6.2. The Contractor does not provide any implied or express warranties in the Rules or on the Site regarding:
6.2.1. compliance of additional functionality of the Service with the requirements and expectations of the Customer, their suitability for a particular purpose, and the absence of design flaws;
6.2.2. providing continuous access to the Service, absence of errors in their software, possibilities and timing of their elimination.
6.3. The Customer guarantees the use of the Service in accordance with the terms of these Rules and Mandatory Documents.
7.
Responsibility of the parties
7.1. For failure to fulfill or improper fulfillment of obligations assumed under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
7.2. The Contractor is not responsible for counter-fulfillment of obligations to provide Services in the event of delay in payment for Services, and other cases of complete or partial failure by the Customer to fulfill obligations under the Agreement, as well as the presence of circumstances clearly indicating that such fulfillment will not be carried out on time.
7.3. If it is impossible to use the Service for more than 5 (Five) hours during the Contractor’s working day (from 9.00 to 19.00 Moscow time), the Customer must send a written claim to the Contractor detailing the circumstances and period of lack of access.
7.4. If the claim is found to be justified, the Customer’s access to the relevant Service is extended by the Contractor for one day (24 hours) for each day on which those specified in clause 7.3 are identified. facts of impossibility of using the Service.
7.5. The Contractor's liability under the Agreement is in any case limited to compensation for actual damage caused to the Customer in an amount not exceeding the paid cost of the Services under the relevant Agreement.
7.6. The customer is solely responsible for the compliance of the information and materials posted by him with the requirements of the law, including for their content and the legality of the use of intellectual property objects in them, the availability of the necessary permits and licenses, as well as for performing other actions within the framework of the guarantees provided in clause 6.3. of these Rules.
7.7. If the provision of Services under the Agreement as a result of a violation of the Customer’s guarantees resulted in the filing of claims, suits and/or orders for damages (payment of compensation) against the Contractor by third parties and/or government bodies or the initiation of an administrative offense case, the Customer undertakes to immediately upon request The Contractor to provide him with all the requested information regarding the subject of the dispute, and to assist the Contractor in resolving such claims, as well as to compensate for all losses (including legal costs, costs of paying fines) caused to the Contractor as a result of the presentation, consideration and execution of such claims, suits, orders, as well as bringing to administrative liability in connection with violation of the rights of third parties and/or current legislation as a result of the provision of Services.
7.8. The amount of losses may be withheld by the Contractor from the Customer’s funds received as payment for Services under the Agreement, including by debiting from the Customer’s Personal Account.
7.9. In the event of a violation by the Customer of the terms of the Agreement, resulting in its early termination, the remaining amount under the Agreement is withheld as a penalty in connection with the violations committed.
8.
Force majeure circumstances (force majeure)
8.1. The parties are released from liability for partial or complete failure to fulfill obligations under the Agreement caused by force majeure circumstances that arose after its conclusion. To such circumstances, in particular, the Parties include: natural disasters; natural and industrial disasters; Act of terrorism; hostilities; civil unrest; adoption by state authorities or local government bodies of acts containing prohibitions or restrictions regarding the activities of the Parties under the Agreement; other circumstances that cannot be foreseen or prevented in advance and make it impossible to fulfill the obligations of the Parties under the Agreement.
8.2. If force majeure circumstances occur that prevent the fulfillment of obligations under the Agreement, the period for the Parties to fulfill their obligations is postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than 60 (sixty) calendar days. If force majeure circumstances continue to apply beyond the specified period, or when upon their occurrence it becomes obvious to both Parties that they will continue to apply beyond this period, the Agreement terminates.
9.
Acceptance of the Offer and conclusion of the Agreement
9.1. Acceptance of the Offer by the Customer creates an Agreement between the Customer and the Contractor (Articles 433, 438 of the Civil Code of the Russian Federation) on the terms of these Rules.
9.2. Acceptance of the Offer is made by the Customer by performing a set of the following actions:
9.2.1. placing and sending an Order using software on the Contractor’s Website;
9.2.2. making an advance payment for the provision of Services in the amount determined by the relevant Price List of the Contractor on the date of payment.
9.3. The Agreement is considered concluded from the moment the Contractor receives the Acceptance of the Offer.
9.4. For the avoidance of doubt, the Customer’s commencement of use of the Services additionally indicates the conclusion of an Agreement for their provision in accordance with the terms of these Rules.
9.5. Based on the Rules, an unlimited number of Agreements can be concluded with the Customer.
10.
Validity period and changes to the Rules
10.1. The rules come into force from the moment they are posted on the Contractor’s Website and are valid until they are canceled by the Contractor.
10.2. The Contractor reserves the right to amend the terms of the Rules and/or cancel the Rules at any time at its discretion. Information about changes or revocation of the Rules is communicated to the Customer, at the choice of the Contractor, by posting on the Contractor's Website, in the Customer's Personal Account, or by sending a corresponding notification to the email or postal address specified by the Customer when concluding the Contract or during its execution.
10.3. In case of revocation of the Rules or amendments to the Rules, the latter come into force from the moment this information is communicated to the Customer, unless a different date for their entry into force is determined by the Rules or additionally upon such notification.
10.4. The documents mandatory for the Parties specified in the Rules are approved, supplemented and amended by the Contractor at its own discretion and brought to the attention of the Customer in the manner prescribed for notifying the Customer about changes in the Rules.
11.
Duration, amendment and termination of the Agreement
11.1. The Agreement comes into force from the moment the Rules are accepted by the Customer and is valid: a) until the Parties fully fulfill their obligations under the Agreement, or b) until the early termination of the Agreement.
11.2. In case of withdrawal of the Rules by the Contractor during the term of the Agreement, the Agreement is considered valid on the terms of the Rules in the latest edition with all Mandatory documents.
11.3. The contract may be terminated:
11.3.1. By agreement of the Parties at any time.
11.3.2. At the initiative of any of the Parties with written notice to the other Party of refusal to fulfill the Agreement at least 15 (Fifteen) calendar days in advance.
11.3.3. On other grounds provided for by the Rules or current legislation.
11.4. If the Customer refuses to fulfill the Agreement regarding information services after providing the Customer with purchased access to the functionality of the Site, the cost of the relevant Services will not be refunded.
12.
Privacy Terms
12.1. The Parties agree to keep secret and consider confidential the terms of each concluded Agreement, as well as all information received by one Party from the other Party during the conclusion and execution of such Agreement (hereinafter referred to as “Confidential Information”), and must not disclose, disclose, make public or otherwise provide such information to any third party without the prior written permission of the Party transmitting this information.
12.2. Each Party will do everything necessary measures to protect Confidential Information with at least the same degree of care as it protects its own Confidential Information. Access to Confidential Information will be provided only to those employees of each Party who reasonably need it to perform their official duties under the Agreement. Each of the Parties will oblige such employees to accept the same obligations to ensure the safety of Confidential Information as provided for in these Rules in relation to the Parties.
12.3. The processing of the Customer's personal data (if any) is carried out in accordance with the Contractor's Privacy Policy.
12.4. The Contractor has the right to request Additional information, such as photocopies of identification documents or credit cards, when necessary to verify identity or for fraud prevention purposes. If such additional information is provided to the Contractor, then its use and protection is carried out in accordance with the conditions of clause 12.3. Rules
12.5. The obligation to keep Confidential Information secret is valid within the validity period of the concluded Agreement and for 5 (Five) years after its termination, unless otherwise separately agreed by the Parties.
13.
Final provisions
13.1. The agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by the Rules or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
13.2. Disputes under the Rules and/or the Agreement are resolved through a preliminary complaint procedure. If the Parties fail to reach an agreement, disputes are subject to consideration in court at the location of the Contractor.
13.3. The parties have the right to use a facsimile reproduction of a signature or a simple electronic signature when concluding an Agreement, placing Orders and Reports, issuing invoices, and sending notifications under the Agreement.
13.4. It is allowed to exchange documents between the Parties by fax or email. In this case, documents transferred in the manner prescribed by the Rules have full legal force, subject to confirmation of delivery of the message including them to the recipient.
13.5. When the Parties use e-mail, an electronic document sent using it is considered to be signed by a simple electronic signature of the sender, created using his e-mail address.
13.6. By agreement of the Parties electronic documents signed with a simple electronic signature are recognized as equivalent to paper documents signed with a handwritten signature.
13.7. The recipient of an electronic document is determined by the person who signed such a document by the email address he uses.
13.8. The rest of the application procedure is simple. electronic signature The parties are governed by the User Agreement.
13.9. Any notices and documents under the Agreement, unless otherwise provided by the Rules, may be sent by one Party to the other Party: 1) by email a) to the Customer’s email address specified by him when placing the Order or in his Personal Account, from the Contractor’s email address, specified in section 14 of the Rules in the event that the recipient is the Customer, and b) to the Contractor’s email address specified in section 14 of the Rules, from the Customer’s email address specified by him when placing the Order or in his Personal Account; 2) sending an electronic notification to the Customer in the Personal Account; 3) by fax; 4) by mail with acknowledgment of delivery or by courier with confirmation of delivery.
13.10. If one or more provisions of the Rules or the Agreement are for any reason invalid or unenforceable, such invalidity does not affect the validity of any other provision of the Rules or the Agreement, which remain in force.
13.11. Without conflicting with the terms of the Rules, the Parties have the right at any time to formalize the concluded Agreement for the provision of Services in the form of a written document expressing the content of the Rules in force at the time of its execution, the Mandatory Documents specified therein and the placed Order.
14.
Details of the Contractor
Full name: Limited Liability Company "Other Programs"
Short brand name: LLC "Other Programs"
OGRN:
1116439002107
OKPO: 69460821
Taxpayer Identification Number: 6439076293
Checkpoint: 643901001
Bank: Branch No. 8622 of Sberbank of Russia, Saratov
R/s: 40702810756240002133
Correspondent account: 30101810500000000649
BIC: 046311649
Legal address:
Mailing address: 413864, Saratov region, Balakovo, st. Saratovskoe highway, 49, room 77
Telephone: 8 927 11 55 165
Website: http://dprogram.ru/
E-mail address:
[email protected]
The document form “Agreement on the provision of information services” belongs to the heading “Agreement on the provision of services, outstaffing”. Save the link to the document in in social networks or download it to your computer.
Agreement on the provision of information services
[enter as required] [day, month, year]
[Full name of the customer], hereinafter referred to as "Customer", represented by [F. I. O., position], acting on the basis of the [Charter, regulations, power of attorney], on the one hand, and [full name of the contractor], hereinafter referred to as the “Contractor,” represented by [F. I. O., position], acting on the basis of the [Charter, regulations, power of attorney], on the other hand, and together referred to as the Parties, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Contractor undertakes to provide information services to the Customer in the form of [fill in what is required], and the Customer undertakes to pay for them.
1.2. The list of information services provided by the Contractor to the Customer and the period for their provision are determined by the Parties in the Application, which is an annex and an integral part of this agreement.
1.3. The provision of information services to the Customer is carried out [on paper/electronically] in one copy.
1.4. The Contractor provides information services to the Customer under the Acceptance Certificate for Services Rendered, which is an annex and an integral part of this agreement. The acceptance certificate for services provided is drawn up in two copies for each of the Parties.
1.5. The Customer, within [meaning] days from the date of receipt of the Work Acceptance Certificate, is obliged to sign and send to the Contractor one copy of it or a reasoned refusal to accept the information services provided.
1.6. In the event of a reasoned refusal by the Customer, the Parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation.
1.7. In case of early completion of information services, the Customer has the right to accept and pay for them ahead of schedule.
2. Rights and Obligations of the parties
2.1. The performer is obliged:
2.1.1. Provide information services to the Customer within the time limits specified in the Application and with appropriate quality.
2.1.2. Issue to the Customer a report on the information services provided, which should provide information on the issues specified in the application, and an Acceptance Certificate for the services provided.
2.1.3. At the written request of the Customer, within [meaning] days, he is obliged to provide information on the progress of services under this agreement.
2.2. The customer is obliged:
2.2.1. Provide all possible assistance to the Contractor in fulfilling its obligations under this agreement.
2.2.2. The accepted report and the Certificate of acceptance of services provided from the Contractor will be reviewed within [meaning] days.
2.2.3. In accordance with the terms of this agreement, pay for the services provided by the Contractor.
2.3. The performer has the right:
2.3.1. Accept from the Customer documents, explanations and clarifications that are necessary for the Contractor to best quality provision of services.
2.3.2. For timely and full payment for services provided to the Customer in accordance with the terms of this agreement.
3. Terms of service
3.1. The Parties are obliged to maintain confidentiality and protect any information (financial, commercial) that became known during the conclusion of this agreement and not to distribute it to other persons without the written consent of the other Party.
3.2. The deadline for services is the moment the Contractor reports to the Customer.
4. Cost of services and payment procedure
4.1. The cost of the information services provided is [in figures and words] rubles.
4.2. Under this agreement, payment for the information services provided is carried out by non-cash transfer of funds to the Contractor's bank account within [value] days from the date of signing by the Parties of the Acceptance Certificate for the services provided.
4.3. During the term of this agreement, the Parties have the right to revise the amount of funds payable to the Contractor specified in clause 4.1 of this agreement, about which the Parties enter into an additional agreement, which is an annex and an integral part of this agreement.
5. Responsibility of the parties
5.1. The parties are responsible for failure to fulfill or improper fulfillment of other obligations in accordance with the current legislation of the Russian Federation.
6. Other conditions
6.1. This agreement comes into force from the moment it is signed by the Parties and until all the conditions specified in this agreement are fulfilled.
6.2. The parties undertake to notify each other of changes in the name, legal form, location, and bank details specified in Section 7 of this agreement within [meaning] days from the date they enter into force.
6.3. This agreement may be terminated by agreement of the Parties. The party initiating the termination of this agreement is obliged to send written notice of termination of this agreement no later than [value] days before the expected date of conclusion by the Parties of an agreement to terminate this agreement.
6.4. Disputes and disagreements of the Parties under this agreement will be resolved through negotiations, and if the Parties fail to reach an agreement, disputes and disagreements under this agreement will be referred to the Arbitration Court [specify region].
6.5. All changes and additions to this agreement are formalized by an additional agreement in writing, signed by both Parties and are an annex and an integral part of this agreement.
6.6. This agreement has been drawn up in two copies having equal legal force, one copy for each Party.
6.7. Issues not regulated by this agreement are resolved in accordance with the legislation of the Russian Federation.
7. Bank details and signatures of the parties
Executor Customer
[fill in as needed] [fill in as needed]
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It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both. -
Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
Information, having the properties of value, objectivity, reliability and timeliness, has a significant impact on trade turnover. According to American managers,
business is 90% information and only 10% luck. In a broad sense, information is information about the surrounding world and the processes occurring in it, or data informing about the state of affairs that is perceived by a person directly or with the help of technical devices. Information is embodied at all stages of social production and constitutes a “zero” cycle in relation to any product produced, work performed and service provided.
In the field of provision of information services, relations between the parties arise regarding the collection or creation, transformation, distribution and consumption of information, in particular, the formation of information resources of the organization in the form of various arrays of documents (data), including marketing information systems, creation based on the received information resources information products necessary for the production and economic activities of the enterprise, the sale of goods, works and services.
Consumers of marketing information are various marketing participants (seller, buyer, intermediary, etc.), who enter into contracts for the provision of information services for a fee with the entities that own the information. Such service may consist of searching for the necessary information, processing it, issuing data (documents), storing information, etc.
The parties may enter into agreements on the use of automated information systems, data banks, and computer networks. The conditions for the transfer of information on tangible media and consulting services may be separately agreed upon. The responsibilities of the contractor providing information services may include, for example, monthly submission of an analysis of the state of the loan capital market; presentation of details and balance sheets of banks acting as guarantors in international purchase and sale; analysis of the state of corporate securities of competing enterprises on the country's stock exchanges; performance regulatory documents, issued by the Bank of Russia and the Government of the Russian Federation; providing texts of draft laws discussed in State Duma and the Federation Council, etc. In this case, the parties should be guided by the provisions of Chapter. 39 of the Civil Code of the Russian Federation, regulating the paid provision of services.
According to Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide
services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
Activities to provide information services in some cases may not bring material results (for example, consulting services of a marketing firm, services educational organizations in teaching marketing and marketing law), in others - to provide a material result (for example, services for creating a database on certain parameters of the marketing environment). Moreover, within the framework of one type of service, the implementation of activities or actions may partially have a material result, and partially not. Thus, the Russian information agency Interfax Rating Agency provides information services for assigning short-term and (or) long-term credit ratings to business entities, publishing them in press releases and generating credit rating reports containing tables reflecting and justifying the specific parameters of a given enterprise, competing enterprises ( authorized capital, balance sheet, profit, etc.), and also monitors and adjusts assigned credit ratings during the term of the agreement. However, all information services have one characteristic common feature: the result is preceded by the commission of actions that do not have a material embodiment (in relation to the given examples - the process of collecting marketing information, etc.) and, together with the result, form a single whole. Therefore, when providing a service, what is “sold” is not so much the result itself as the actions that led to it.
The parties to the contract for the provision of paid information services are the contractor and the customer. Since the Civil Code of the Russian Federation does not contain any restrictions regarding the parties to this agreement, both citizens and legal entities can act in their capacity.
Sometimes contracts for the provision of information services are concluded by the customer joining the contract, the terms of which are determined by the contractor in forms developed by him or other standard forms. Such agreements, in accordance with the Civil Code of the Russian Federation, are recognized as agreements of adhesion, and they are subject to the rules of Art. 428 of the Civil Code of the Russian Federation, aimed at ensuring the rights of the customer, usually provided under contracts of this type.
Article 780 of the Civil Code of the Russian Federation establishes an exception from general rule, provided for in Art. 313 of the Civil Code of the Russian Federation, on the possibility
the debtor entrusts the fulfillment of the obligation to a third party. An agreement on the provision of paid services must be carried out by the contractor personally, unless otherwise provided by the agreement.
The cost of information services and payments for them are agreed upon by the parties, taking into account contractual prices and the procedure established in the Civil Code of the Russian Federation. Moreover, in contrast to contract-type contracts, which as a general rule provide for payment for work after its delivery to the customer, payment for the service provided in accordance with Art. 781 of the Civil Code of the Russian Federation is carried out in the manner and within the time limits stipulated by the agreement.
In addition, unlike work contracts, for which Articles 705 and 741 of the Civil Code of the Russian Federation establishes rules on the distribution between the parties of the risks of death or damage to the results of work, for services there are consequences of the impossibility of fulfilling the contract, since in relation to the actions or activities that are its subject, we can talk about the risk of impossibility of their implementation, and not death.
Clause 2 of Art. 781 of the Civil Code of the Russian Federation determines the procedure for payment for services in cases where the impossibility of fulfilling an obligation is caused by the fault of the customer. The circumstances under which the customer is found guilty are enshrined in paragraph 1 of Art. 401 Civil Code of the Russian Federation. In this case, the customer must pay for the services in full.
In turn, clause 3 of Art. 781 of the Civil Code of the Russian Federation determines the procedure for payment for services if the impossibility of performance arose due to circumstances for which neither the contractor nor the customer are responsible. IN in this case The customer must reimburse the contractor only for the expenses actually incurred by him in the course of fulfilling the obligation to provide services.
Other rules for settlements in the event of impossibility of performing a service may be provided for by law or by a contract for the provision of paid services.
If it is impossible to fulfill the obligation due to circumstances for which the contractor is responsible, the latter does not have the right to demand payment for the service, and if it has already been paid by the customer, then he is obliged to return the amount of money received and compensate for other losses, as well as pay the penalty provided for in Art. 394 Civil Code of the Russian Federation. It must be borne in mind that Art. 401 of the Civil Code of the Russian Federation determines different reasons liability for obligations related to the implementation of business activities and not related to it.
Article 782 of the Civil Code of the Russian Federation provides for the right of the customer and the contractor to refuse to perform the contract and the conditions under which
it is allowed. It's about about cases when refusal to perform a contract is not related to the parties’ violation of obligations under it. Despite the fact that this article does not talk about the time during which the parties can refuse to fulfill the contract, it seems that refusal is possible at any time - both before the start of the provision of the service (for example, refusal of a pre-ordered distribution of a press release), or and at any time during its provision prior to completion (for example, termination of monitoring the parameters of the marketing environment before the deadline for which it was ordered).
The customer’s refusal is permitted subject to reimbursement to the contractor for the expenses actually incurred by him, i.e. Losses are not subject to compensation in full, but only actual damage to a certain extent. In case of refusal to fulfill the contract before the start of the service, the customer is obliged to reimburse the contractor for his actual expenses incurred in order to fulfill the contract until the moment of refusal. If the customer refuses to fulfill the contract during the provision of the service, he shall reimburse the contractor for his actual expenses that he incurred up to that point in order to fulfill that part of the contract that the customer refused. As for that part of the service that the customer used, it must be paid by the customer according to the rules of Art. 731 of the Civil Code of the Russian Federation, if the service was provided by the person carrying out entrepreneurial activity, to a citizen to satisfy his everyday and other personal needs, and according to the rules of Art. 717 of the Civil Code of the Russian Federation - for all other services. It must be said that the rule of Art. 717 of the Civil Code of the Russian Federation on compensation to the contractor for losses within the difference between the price determined for the entire work and part of the price paid for the work performed should not be applied to services, since it contradicts the principle of compensation for losses in a limited amount, enshrined in paragraph 1 of Art. 782 of the Civil Code of the Russian Federation.
The contractor has the right to refuse to fulfill obligations under a contract for the provision of paid services only if the customer is fully compensated for losses (clause 2 of article 782 of the Civil Code of the Russian Federation). As we can see, this legal provision is formulated as imperative. Meanwhile, the application of this rule to public contracts regulated by Art. 426 of the Civil Code of the Russian Federation, seems quite controversial, since the mandatory nature of the conclusion of such an agreement by the contractor makes no sense in the right to refuse to perform it, since the contractor who refused to provide the service is, at the request of the customer, obliged to re-enter the agreement with him.
The following applies to the contract for the provision of paid services: general provisions on contracts and provisions on household contracts. The latter should be applied to relations for the provision of paid services, when a service is provided by a person (a citizen or an organization engaged in business activities) to a citizen in order to satisfy his household or other personal needs. All other relations for the provision of services (except for domestic contracting) must be subject to the rules of general provisions on contracting, enshrined in the Civil Code of the Russian Federation and in other legal acts related to the regulation of contracting relations.
However, one should not lose sight of the fact that general provisions on contracts and provisions on household contracts apply to an agreement for the provision of services for a fee, if they do not contradict the special rules about this agreement and the peculiarities of its subject matter. Thus, for services that do not have a material result, as a rule, the provisions on the timing of detection of defects, enshrined in Art. 724 of the Civil Code of the Russian Federation, since the contractor can only be held liable for shortcomings committed during the process of their provision, and not upon completion ( consulting services). For some services that have a material result, only general deadlines for detecting deficiencies (audit services) can be applied, but not warranty periods, because their consumer properties are valuable at the moment, and not for a long time, and warranty provisions may also apply to some information services (when transmitting information on tangible media).
It is advisable for counterparties to an agreement for the provision of information services to include a condition prohibiting the customer from transferring or selling information received from the contractor to third parties. In turn, the contractor must accept an obligation not to disclose commercial data received from the customer.
The parties may provide in the contract for liability for failure to fulfill or improper fulfillment of obligations. For example, if the paid information is not provided on time, the contractor returns to the customer the fee for the period during which the information was not provided, or the customer himself suspends the transfer of funds to the contractor’s bank account for this period, when the agreement provides for gradual payment for information services. In turn, the performer who conscientiously fulfills his
obligations under the contract, in case of untimely transfer of funds by the customer, the information service may be suspended. It is also advisable to establish the responsibility of the performer for objectivity, reliability and timeliness in the preparation and transmission of information.
As for the delivery and acceptance of information services, this procedure is carried out by the parties according to the act, usually at the location of the customer. It is important to note that the provision of information services is assessed by the customer as a positive activity for him, regardless of the result of using the information received.
An agreement on information services using computer databases has certain specifics, for example, involving the use of information systems “Consultant-Plus”, “Garant-Service”, “Kodeks”, etc. Thus, when formulating the subject of the agreement, it is necessary to designate a specific database, such as legal forms, insurance laws, accounting laws, or information system generally. The responsibility of the parties is specifically stipulated in cases where the computer is infected with a virus or the system does not work due to a computer malfunction. In addition, it is desirable to provide for the possibility and procedure for transferring the right to use the database to another enterprise. The obligations of the parties, depending on the type of service and method of transmitting information (e-mail, telephone, telegraph, fax, data transmission by courier) may change, but the legal essence of the agreement for the provision of paid information services will remain the same.
For legal registration of the provision of information services by specialized organizations - information agencies, PR companies, etc. - agreements on the provision of comprehensive information services are applied. The following can be mentioned as special elements of the subject of such an agreement between the news agency and the government.
I. Release and distribution, including posting on the contractor’s website, of daily specialized newsletters, in connection with the creation of which the contract may provide for the following actions by the contractor:
collecting information on activities for the preparation and conduct of election campaigns in the country;
organizational support for activities information center government and temporary press centers for covering major national events;
collection of information on negotiations conducted by the government leadership with business and socio-political circles of the country and foreign countries; holding press conferences on behalf of the government and preparing press releases on major events state life, publication of statements and other statements in the information products of the performer information messages, of interest to government authorities;
collection of information on domestic and international conferences, seminars and other forums held by the government on issues of state and regional policy, socio-cultural, economic and foreign economic relations;
assistance in covering the work of interregional and international exhibitions and presentations with the participation of state leadership, other events and contacts in the field of culture; coverage of meetings and visits of the country's leadership, progress in the preparation and signing of interregional and international agreements.
II. Providing information products of the performer about political and economic news in the country and abroad via electronic communication channels electronic library government. Providing reference and information services to the government using reference materials from the contractor’s databases, as well as analytical reviews based on the results of information events and on individual topics determined by the customer.
The customer must also be required to assist in promptly providing the contractor with reliable information about the activities of the government and other government agencies by including the contractor in the priority mailing list of official open documentation and connecting to the customer’s electronic databases.
