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 legislation 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 in 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 at the 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 Customer’s email address or 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, the absence of errors in their software, the possibility 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. In the event that the provision of Services under the Agreement due to 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 from third parties and/or government agencies or initiation of a case of an administrative offense, the Customer undertakes to immediately, at the Contractor’s request, provide him with all requested information relating to the subject of the dispute and assist the Contractor in resolving such claims, as well as reimburse all losses (including legal costs, costs of paying fines) caused to the Contractor as a result 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, if necessary to verify identity or to prevent fraud. 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 e-mail 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 if 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]
1. TERMS AND DEFINITIONS
1.1. URL address of the Customer - any Internet address that includes the full domain name of the Customer: (regardless of protocols and other elements of the URL address);
1.2. Search system – Yandex (yandex.ru) and Google (google.ru). Certain rights and obligations, conditions provided for in the Agreement in relation to Search engine, are considered as separate rights and obligations, conditions in relation to each of the specified search systems, as if a separate agreement was concluded in relation to each of the search systems, unless otherwise directly follows from the content or essence of the Agreement;
1.3. First page – Internet page of the Search Engine, containing the first 10 search results for the Internet user’s search query;
1.4. Content – the content of a website page and/or the entire website, including texts, graphics, other objects, as well as program code (html layout);
1.5. Key words – words and phrases agreed upon by the Parties in Appendix No. 1 to the Agreement. “Keywords” hereinafter, unless otherwise expressly stated, means both each individual keyword or phrase agreed upon in Appendix No. 1, and all of them together;
1.6. Promotion (search engine promotion) - any actions (services) of the Contractor that he considers necessary, incl. from those provided for in the Agreement, aimed at creating conditions for the primary achievement of the goal specified in clause 2.2 of the Agreement;
1.7. Nominal promotion period – the period supposedly required for the Customer’s URL to get on the first page of the Search Engine by % of Keywords.
1.8. Support – any actions (services) of the Contractor that he considers necessary, incl. from those provided for in the Agreement, aimed at maintaining conditions for the constant achievement of the goal provided for in clause 2.2 of the Agreement;
1.9. Promotion start date - the date when everything listed below has been completed in relation to all Keywords: the Agreement has been signed, payment has been made in the amount agreed upon in Appendix No. 2, specified in clause 5.1 of the Agreement, the Customer has provided the Contractor with ftp access to the site (unless otherwise specifically stated) agreed with the Contractor);
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with the terms of this Agreement, the Contractor undertakes to perform work to optimize the site/sites and deliver the results of the work to the Customer, and the Customer undertakes to accept the results of the work and pay for them in the manner established by this agreement.
2.2. The type, volume, timing, and cost of performing the work are agreed upon by the Customer and the Contractor in the Appendix, which is an integral part of this Agreement.
2.3. The parties agree that a link to the Contractor will be placed on the pages of the site with a link to the Contractor’s website.
3. CONTRACTOR'S GUARANTEES
3.1. The contractor guarantees the quality of the work performed. If, after accepting the work performed by the Contractor, a defect is discovered, the Contractor undertakes to eliminate it in part of the work performed by him. The Contractor is not responsible for the loss of information and damage caused during the operation of the work performed due to the fault of the Customer or third parties. The Contractor guarantees the confidentiality of all data provided to him by the Customer for the performance of work.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor and the Customer undertake not to disclose to third parties the contents of this Agreement or any of its parts, as well as other information provided or received by the Customer or the Contractor in the course of work under this Agreement.
The performer is obliged:
4.2. Carry out the work specified in the Contract and Additional Agreements and transfer to the Customer the results of the work performed on a monthly basis in the form of reports.
4.3. Comply with the deadlines for completing the work specified in the Contract and Appendices. The work is considered completed if the Contractor's obligations were fulfilled within the period specified in the Additional Agreement (based on the report provided by the Contractor).
4.4. Provide the Customer with the opportunity to check the progress of the task under this Agreement.
The customer is obliged:
4.5. Make timely and full payment for the Contractor's services in accordance with the conditions in the Appendix. The Customer pays for the work no later than banking days after receiving an invoice for payment from the Contractor.
4.6. If necessary, provide the Contractor with the information necessary to provide the Service. The Contractor is obliged to notify the Customer of the need to provide information.
4.7. Within working days from the date of receipt of the work acceptance certificate, send the Contractor a signed work acceptance certificate or a reasoned refusal to accept the work. In the event of a reasoned refusal by the Customer, the parties draw up a bilateral act with a list of non-compliances of the work performed with the task and an additional agreement on the deadline for their elimination. In the absence of a bilateral act or a reasoned refusal, the work is considered accepted.
4.8. Appoint an Authorized Representative for your part. Sign minutes of meetings with the Contractor, at the request of the Contractor. In case of amendments and wishes, at the request of the Contractor, provide written confirmation. An authorized representative must be available for consultation on weekdays. At the Contractor's request, an authorized representative of the Customer is obliged to come to the Contractor's office for consultations, approvals, and acceptance of work. Full name, telephone number and e-mail of the authorized representative: .
4.9. Assist the Contractor during the performance of work through oral and written consultations, giving explanations and providing any other additional information, which the Contractor may need to perform the work provided for in this agreement.
The customer has the right:
4.10. Receive expert advice on all issues related to this project.
4.11. Participate in development project documentation(Appendix No. 1).
4.12. At any time, check the progress and quality of work performed by the Contractor.
4.13. Provide comments as the project progresses.
4.14. Make proposals aimed at obtaining an improved result. The Contractor has the right to:
4.15. Independently determine the stages of work and send the Customer acceptance certificates for these works.
4.16. If the Customer is more than days late in fulfilling his obligations, terminate this agreement unilaterally.
4.17. If it is impossible to obtain the required result, the Contractor undertakes to return to the Customer the funds for which services were not provided minus the funds spent on the project, but not more than % of the budget.
5. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES
5.1. Subject to the proper provision of services in accordance with this Agreement, the Customer, within days from the date of receipt of the Certificate of Provision of Services, is obliged to sign it and send it to the Contractor or, within the same period, provide a reasoned refusal to accept the services.
5.2. In the event of a reasoned refusal by the Customer, the parties draw up a bilateral act with a list of non-compliances of the work performed with the technical specifications, necessary modifications and an additional agreement on the deadline for their completion.
5.3. If the Customer fails to provide either a reasoned refusal or a signed certificate of service provision within working days, the work is considered accepted.
6. TERM OF THE AGREEMENT
6.1. The Agreement comes into force from the moment the advance payment is paid by the Customer.
6.2. The Agreement is valid until the Customer and the Contractor fully fulfill their obligations, but no more than days.
7. AMOUNT AND PROCEDURE OF PAYMENT FOR SERVICES
7.1. The cost of services provided under this agreement is rubles.
7.2. Payment is made one-time in accordance with Appendix No. 1 to this agreement.
7.3. Payment by the Customer for the Services is carried out by transferring funds to the Contractor's bank account. Payment is allowed only on the basis of an invoice issued by the Contractor.
7.4. If the volume of work specified in Appendix No. 1 is exceeded, the parties draw up an additional agreement to this agreement on the timing, cost and scope of work.
8. RESPONSIBILITY OF THE PARTIES
8.1. In the event of a disruption to the work schedule due to the fault of the Customer, the Contractor has the right to reschedule the schedule at its discretion.
8.2. The Contractor does not guarantee absolute uninterrupted or error-free Services. The Contractor makes all reasonable efforts and measures to prevent this.
8.3. The Contractor is not responsible for direct or indirect damage caused to the Customer as a result of the use or inability to use the Services or incurred as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transfer, or changes in functions and other reasons. The Contractor does not guarantee the acceptance of the Customer's mail from remote networks, the operation of which has led to the inclusion of the address of such a network in the lists on which the Contractor's mail delivery program does not accept mail.
8.4. The Contractor is not responsible for the quality of public communication channels through which access to the Services is provided.
8.5. The customer assumes full responsibility and risks associated with the use of the Internet and for the text content located on the promoted site. The Contractor undertakes the obligation to make changes to the site only with the consent of the Customer.
8.6. In other cases, if the obligations stipulated by this agreement are not fulfilled, the parties bear responsibility in accordance with current legislation.
9. DISPUTE RESOLUTION PROCEDURE
9.1. Disputes and disagreements arising during the execution of this agreement are resolved through negotiations.
9.2. If it is impossible to resolve disputes through negotiations, disagreements are resolved in court.
10. FORCE MAJEURE CIRCUMSTANCES
10.1. None of the Parties will be liable for failure to fulfill or delay in fulfilling their obligations if such failure or delay in fulfillment is caused by force majeure circumstances, the occurrence of which the Parties could not know in advance and the occurrence of which could affect the timely fulfillment by the Parties of their obligations.
11. FINAL PROVISIONS
11.1. Any changes and additions to this agreement are valid only if they are made in writing.
11.2. The appendices to this agreement constitute its integral part.
11.3. This agreement has been drawn up in two copies, each having equal legal force.
12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer
Executor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
13. SIGNATURES OF THE PARTIES
Customer_________________
Performer _________________
Hereinafter referred to as the “Contractor”, represented by ________________________________, acting on the basis of __________, on the one hand, and _______________________________________, hereinafter referred to as the “Customer”, represented by _________________________, acting on the basis of _____________, collectively referred to as the “Parties”, have entered into this agreement as follows :
1. The Subject of the Agreement
1.1. The Contractor undertakes, on the instructions of the Customer, to provide him with services to provide him with up-to-date information on placing orders for the supply of goods, performance of work, provision of services for the needs of state and municipal customers of the _____________ region, as well as large companies, their branches and representative offices located in the territory of the ______________ region, ( hereinafter referred to as “services”), and the Customer undertakes to pay for these services in accordance with the terms of this agreement.
1.2. The volume of services provided by the Contractor is determined by the number of thematic sections of state and municipal, as well as commercial competitions directly related to the types of economic activity, carried out by the Customer for which he is provided with information on the placement of state and municipal orders, as well as orders of large companies (hereinafter referred to as information), namely:
- for example, the supply of office supplies.
2. Cost of services and payment procedure
2.1. The cost of the Contractor's services for providing information on state, municipal and commercial competitions (hereinafter referred to as the basic cost of services) is _______________ (___________________________) rubles.
2.2. The cost of the Contractor's services is fixed in the invoice issued to the Customer for payment for the Contractor's services under this agreement (hereinafter referred to as the invoice). The invoice for payment for the Contractor's services also indicates the period during which the Contractor provides information about state, municipal and commercial competitions (hereinafter referred to as the period for providing information).
2.3. The services provided under this agreement are paid by the Customer in accordance with the Contractor's invoices for services under this agreement, issued by the Contractor upon conclusion of this agreement, and further - after the expiration of the periods of information provision already paid by the Customer. No later than five banking days from the date of receipt of the invoice, the Customer transfers funds to the Contractor's current account in the amount indicated in the invoice as an advance payment for services provided by the Contractor in accordance with the terms of this agreement.
3. Rights and obligations of the Parties
3.1. The Contractor undertakes to provide the Customer with services of appropriate quality and in full in accordance with the terms of this agreement.
3.2. The Customer undertakes to pay for the services provided by the Contractor in accordance with clause 2 of this agreement.
3.3. The Customer undertakes not to distribute to third parties the information provided to him by the Contractor as part of the provision of services under this agreement.
3.4. The Contractor has the right to refrain from fulfilling its obligations under this agreement until the Customer has properly fulfilled its obligations to pay for the services provided by the Contractor in accordance with the terms of this agreement.
3.5. The Customer has the right to refuse to fulfill this contract, subject to payment to the Contractor for the expenses actually incurred by him.
4. Procedure for provision of services
4.1. The Contractor provides the Customer with services to provide up-to-date information on the placement of orders for the supply of goods, performance of work, provision of services for the needs of state and municipal customers of the _________________ region, as well as large companies, their branches and representative offices located in the territory of the __________________ region, in accordance with established in clause 1.2 of this agreement for the scope of services.
4.2. Services are provided by the Contractor by providing the Customer, during the paid period of use of the Contractor's services, with access to information about competitions posted on the Contractor's official website on the Internet at ___________________.
4.3. The Contractor begins to provide services under this agreement within two business days from the moment funds are received into his current account in accordance with clause 2 of this agreement.
4.4. The Contractor undertakes to provide the Customer with information about placing orders for the supply of goods, performance of work, provision of services for the needs of state and municipal customers of the _________________ region, as well as large companies, their branches and representative offices located in the territory of the ________________ region, no later than two working days from the date of the official publication of this information.
4.5. The Contractor undertakes to provide the Customer with information in a systematized form, that is, in accordance with the thematic sections of state, municipal and commercial competitions selected by the Customer and recorded in clause 1.2 of this agreement.
4.6. The Contractor undertakes to provide the Customer with information in full, that is, officially published notices of placing orders for the supply of goods, performance of work, provision of services for the needs of state and municipal customers of the _______________ region corresponding to the thematic sections of state, municipal and commercial competitions specified in clause 1.2 of this agreement , as well as large companies, their branches and representative offices located in the ______________ region.
4.7. The Contractor undertakes to provide the Customer with information during the entire period of information provision paid in accordance with clause 2 of this agreement.
4.8. At the end of the period for providing information paid by the Customer, regardless of payment for subsequent periods for providing information, the Parties sign a Certificate of Completion in two copies, one for each of the Parties. The customer undertakes to sign the Certificate of Completion of Work within two working days from the date of its receipt, or within the same period to submit, in the manner established by clause 6.2 of this agreement, a reasoned refusal to accept the services provided. If the Customer refuses to sign the Certificate of Completion of Work, the Contractor makes a corresponding entry in this Certificate about the Customer’s refusal to sign it.
4.9. Signing by the Customer of the Certificate of Completion of Work, as well as failure to sign this Certificate in the event of failure to submit a reasoned refusal to accept the services provided in the manner and within the time limits provided for by this agreement, means that the services were provided by the Contractor properly and in full in accordance with the terms of this agreement, and The Customer paid for the services provided by the Contractor.
5. Responsibility of the parties
5.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
5.2. The Contractor is not responsible for inaccuracies, typos, errors and incorrect wording made by the state, municipal or commercial customer, as well as the organizer of the competition when official publication information.
5.3. The parties are released from liability if there are technical reasons (including shutdown/damage to power supply and communication networks, failures software, technical failures in maintenance and operating organizations, etc.), which caused the Parties to be unable to properly fulfill their obligations under this agreement.
6. Procedure for resolving disputes
6.1. All disputes and disagreements arising between the Parties under this agreement or in connection with it are resolved through negotiations between the Parties.
6.2. If it is impossible to resolve disagreements through oral negotiations, the Party having the claim shall submit the claim in writing to the other Party. The Party accepting the claim is obliged to confirm in writing the fact of receipt of the claim, indicating the date of receipt, surname, name and position of the person accepting the claim. If the claim is sent by mail, it is sent by registered mail with acknowledgment of receipt.
6.3. The claim must be considered within three working days from the date of its receipt. The response to the claim is provided in writing in the same manner as the claim.
6.4. If it is impossible to resolve disagreements through negotiations or unsatisfactory results of consideration of the claim, the dispute between the Parties is subject to consideration in the Arbitration Court in accordance with the current legislation of the Russian Federation.
7. Force majeure circumstances
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this agreement if this is caused by force majeure circumstances, namely: fire, flood, earthquake, war or other circumstances beyond the reasonable control of the Parties, and if these circumstances directly affected the performance the parties to their obligations under this agreement.
8. Duration of the contract
8.1. The Agreement comes into force from the moment it is signed by the Parties.
8.2. The contract is concluded for an indefinite period.
8.3. The Agreement may be terminated early by agreement of the Parties. In this case, it terminates from the moment specified in the termination agreement.
8.4. The Agreement may be terminated early upon a written application from one of the Parties sent to the other Party in the manner provided for in clause 6.2 of this Agreement, no less than 10 calendar days before the expected date of termination of the Agreement. In this case, it terminates from the moment specified in the application for termination of the contract.
9. Final provisions
9.1. All changes, additions and appendices to this agreement, as well as the agreement to terminate this agreement, are legally binding if they are in writing and signed by both Parties.
9.2. This agreement is drawn up and signed in two copies having equal legal force, one for each of the Parties.
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 and consulting services are provided in the field of _____________________________________________________ _____________________________________________________________________.
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 of state bodies.
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
The page shows, current in 2019, Form of agreement for the provision of information services concluded between legal entities. You can download it at any time in .doc, .rtf or .pdf format; the document file size is 20.4 kb.
- Subject of the agreement
- Rights and obligations of the parties
- Cost of services and payment procedure
- Delivery and acceptance procedure
- Conditions of confidentiality of the agreement
- Responsibility of the parties
- Force Majeure
- Dispute resolution procedure
- Final provisions
- Legal addresses and bank details of the parties
- Signatures of the parties
AGREEMENT for the provision of information services
G. _______________
"_____" _______________ 2016
______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as “ Executor", on the one hand, and ______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter the "Agreement", as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to provide the Customer with access to the following databases (DB): ______________________________ on the Internet resource at the address: ____________________ on-line (hereinafter referred to as “services”), and the Customer to pay for these services.
1.2. To provide the services provided for in clause 1.1 of this agreement, the Contractor undertakes to provide the Customer with a login and password to access the database (hereinafter referred to as “credentials”).
1.3. The Contractor provides services to the Customer from the date of receipt of the Customer's funds to the Contractor's bank account.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Rights and obligations of the Contractor:
2.1.1. The Contractor undertakes, no later than __________ business days, to complete the work of registering the Customer to work with the database and provide the Customer with credentials for access to the database specified in clause 1.1 of the Agreement.
2.1.2. The Contractor sends notification of the possibility of working with the database and credentials to the Customer by email to the email address specified by the Customer in the Agreement.
2.1.3. The Contractor is obliged to provide the Customer with online access for at least 96 hours a week.
2.1.4. The Contractor undertakes to the maximum short time eliminate disruptions in server operation associated with changes technical specifications work and other reasons depending on the Contractor.
2.1.5. The Contractor has the right to exclude the Customer from the list of database users, stop providing services to him and terminate the contract unilaterally without compensation for losses to the Customer if the Customer has violated the terms of clauses 2.2.1, 2.2.2, 2.2.3 of the contract. In this case, the contract will be considered terminated from the date the Contractor sends a notice of termination of the Contract by email or letter.
2.2. Rights and obligations of the Customer:
2.2.1. The customer undertakes not to replicate the goods received under this agreement. information materials without the written permission of the Contractor.
2.2.2. The Customer undertakes not to transfer to third parties the received password for the right to work with the database without the written consent of the Contractor.
2.2.3. The Customer undertakes to pay the Contractor's invoice within __________ business days from the date of invoice.
2.2.4. The customer undertakes in the event of a change in the legal and email addresses immediately inform the Contractor about this, otherwise messages will be sent to the previous address.
2.2.5. The Customer has the right to a free password replacement in case of its loss and/or use by third parties against the Customer’s will.
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of services under this agreement is __________ rubles, including 18% VAT in the amount of __________ rubles.
3.2. The Customer makes an advance payment in the amount of 100% of the cost of the service based on the invoice issued by the Contractor no later than __________ business days from the date of receipt of the invoice.
3.3. The date of payment for the service by the Customer is the date of receipt of funds to the Contractor's bank account.
3.4. The Contractor guarantees that the payment amount will remain unchanged throughout the entire term of the contract.
4. DELIVERY AND ACCEPTANCE PROCEDURE
4.1. The period for the provision of services under the Agreement is the period starting from the date of receipt of funds to the Contractor’s current account and ending on “_____” _______________2016.
4.2. At the end of the service provision period, the Contractor, within __________ working days, sends the Customer an acceptance certificate and an invoice, issued in accordance with the requirements of current legislation.
4.2. The Customer, within __________ working days from the date of receipt of the acceptance certificate, is obliged to provide the Contractor with a signed certificate or a reasoned refusal to sign it. If the Customer does not fulfill this condition, the Contractor’s obligations to the Customer under this Agreement are considered fulfilled in full, and the acceptance certificate is considered to be properly executed.
5. CONDITIONAL CONDITIONS OF THE AGREEMENT
5.1. The parties undertake to ensure the confidentiality of the Customer's credentials for accessing the database.
5.2. Each of the Parties undertakes to not disclose by any means (make available to any third parties, except in cases where third parties have the appropriate authority by virtue of direct instructions of the law) confidential information of the other Party to which it gained access when concluding this Agreement and during the execution obligations arising from the Agreement. This condition of the contract continues to apply after the expiration of the contract.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Contractor is not responsible for damage of any kind incurred by the Customer due to the latter’s disclosure of his credentials. The Contractor is not responsible for violation of the confidentiality of the Customer's credentials caused by unrestricted access to the Customer's communications.
6.2. The Contractor is not responsible for the quality of the Customer's communication lines, as well as for interruptions in the provision of services caused by the action or inaction of third parties and/or the inoperability of transport and information channels located outside the Contractor's own resources, as well as necessary repairs and/or replacement of the Contractor’s equipment and software, including due to emergency circumstances.
6.3. The Contractor is not responsible for violations by the Customer of the rights of third parties.
6.4. The Contractor is not responsible for lost profits and lost profits, as well as for any indirect losses incurred by the Customer from using or not using the Contractor’s services under this agreement.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose in the territory of execution of this Agreement after its conclusion, or if the failure to fulfill obligations by the Parties under the Agreement was a consequence of events of an extraordinary nature that the Parties did not could neither have been foreseen nor prevented by reasonable measures.
7.2. Force majeure circumstances include events over which the Party cannot influence and for the occurrence of which it is not responsible, such as: war, uprising, earthquake, flood, fire or similar phenomena, strike, government regulations, orders (decrees) of government bodies (President of the Russian Federation), laws and other documents of the competent authorities adopted after the signing of this Agreement and making it impossible to fulfill the obligations established by this Agreement, as well as actions of state or municipal bodies and their representatives that impede the fulfillment of the terms of the Agreement, and other unforeseen circumstances, including including a problem with the city power grid.
7.3. The Party citing force majeure circumstances is obliged to inform the other Party about the occurrence of such circumstances in writing, attaching copies of the relevant documents. The information must contain data on the nature of the circumstances, as well as an assessment of their impact on the Party’s fulfillment of its obligations under this Agreement and on the period for fulfilling the obligations.
7.4. In the event of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which such circumstances and their consequences apply.
7.5. If force majeure circumstances persist for more than 3 months, this Agreement is considered terminated without any mutual obligations.
8. PROCEDURE FOR SETTLEMENT OF DISPUTES
8.1. In the event of a conflict between the terms or provisions of this agreement and the appendices and/or additional agreements, the terms and conditions contained in the appendices and/or additional agreements to this agreement will prevail.
8.2. On all issues not regulated by this agreement, the Parties will be guided by the current legislation of the Russian Federation.
8.3. All disputes that may arise from this agreement or in connection with it, the Parties will try to resolve through negotiations. If the Parties do not come to an agreement on the controversial issue, they apply to the Arbitration Court of the city ____________________ after following the claim procedure. The period for consideration of claims is __________ days.
9. FINAL PROVISIONS
9.1. This agreement comes into force from the date of its signing and is valid until it is fully executed by the Parties.
9.2. This agreement may be terminated as soon as mutual agreement Parties, and unilaterally in accordance with clause 2.1.5 of the agreement.
9.3. This agreement may be terminated by the Contractor unilaterally if the Customer delays the payment deadlines established by clause 3.2 of the agreement by more than __________ calendar days. In this case, the contract is considered terminated upon expiration of the specified period.
9.4. Neither Party has the right to transfer its rights and obligations under this agreement to a third party without the written consent of the other Party.
9.5. Any changes and additions to this agreement are valid, provided that they are made in writing and signed by the Parties, are integral parts of it and are subject to all provisions applicable to the agreement.
9.6. The Parties shall notify each other in writing of changes in address and bank details within __________ days.
9.7. Any notice that one Party sends to the other in accordance with this agreement shall be sent in the form registered letter or telegram to the address of the other Party specified in section 10 of this agreement, with mandatory confirmation of receipt of the notification by the other Party. Urgent notifications may be sent in another way that provides confirmation of the fact and date of receipt (by fax, email).
9.8. This agreement is drawn up in two copies having equal legal force, one for each of the Parties.
10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Executor Legal address:________________________________________ Postal address:________________________________________ INN/KPP:______________________________ Telephone/fax:____________________ Current account:______________________________ Bank name:______________________________ Correspondent account:______________________________ BIC:____________________
