on the provision of services
Moscow "__" __________ 20__
______full name of the organization_______ hereinafter referred to as "Customer", in the face of ____position_____ ____Full name______ acting on the basis ____charter or power of attorney______, on the one hand, and Limited Liability Company "System Administrator", hereinafter referred to as "Executor”, represented by General Director Goverdovsky Ivan Vladimirovich, acting on the basis of Of the Charter, on the other hand, collectively referred to as Handhave concluded this Agreement as follows:
1. SUBJECT OF CONTRACT
1.1. The Contractor assumes obligations to provide services in accordance with the List of Services Provided and Tariffs for Services, which are an integral part of this Agreement and referred to as Appendix № 1 и Appendix № 2 accordingly, and the Customer undertakes to accept and pay for the services rendered to him in the amount and within the time limits corresponding to the terms of this Agreement. The type and number of services provided by the Contractor to the Customer under this Agreement, the Customer determines independently by sending the relevant Orders to the Contractor in the manner specified in this Agreement.
1.2. Services listed in Annex No. 1are provided to the Customer by the Contractor on the terms set forth in the Regulations for the provision of relevant services and listed in Appendix No. 1. All Regulations are an integral part of this Agreement (appendices to it) and are binding on the Parties.
1.3. This Agreement is considered concluded in one of the following cases:
1.3.1. If the Agreement is signed by both Parties.
1.3.2. In case of receipt of advance payment for services, which will be an acceptance of this offer. Prepayment for services is made by the Customer with reference to the Contract number assigned by the Contractor after the Customer fills out the questionnaire. The fact of receipt of payment under this Agreement is the crediting of funds to the settlement account of the Contractor, subject to the receipt by the Contractor of confirming payment documents identifying the payment from the Contractor's bank.
1.3.3. The services, in respect of which the Contractor enters into an agreement only by drawing up one document in a simple written form, signed by the Parties, are indicated in Appendix 1.
2. GENERAL CONDITIONS OF THE AGREEMENT
2.1. The parties to this Agreement recognize the legal force of the texts of notifications and messages sent by the Contractor to the Customer at the contact e-mail addresses indicated by them in the agreement (called communication channels). Such notifications and messages are equated to messages and notifications executed in a simple written form sent to the Customer's postal addresses. The Parties, in the event of any disagreement regarding the facts of sending, receiving messages, the time of their sending and content, agreed to consider the evidence of the Contractor's archival service reliable and final for resolving disagreements between the Parties. An exception to this rule is the exchange of claims and objections submitted by the Customer under the act of acceptance of services, for which a simple written form is required.
2.2. Communication channels in the terms of this Agreement are e-mail with the contact addresses of the recipient specified in this Agreement. In the event that contact addresses are changed at the initiative of the Customer, the email addresses reported to the Contractor using the Customer's password will be considered valid.
2.3. The Parties assume full responsibility for the actions of employees who have access to communication channels.
2.4. If the Contractor makes changes to this Agreement and its Annexes, the Contractor undertakes to notify the Customer of the fact of changes via communication channels and at the same time publish these changes on the Contractor's web server at http://www.sys-admin.su.
2.5. The changes indicated in n. 2.4, come into force no earlier than 10 (ten) calendar days from the date of notification and publication.
2.6. If the Customer agrees with the changes specified in n. 2.4, this Agreement continues to be valid subject to the specified changes. If the Customer does not agree, he undertakes to notify the Contractor about this before the changes come into force by an official letter in a simple written form with a return receipt, in which case the Agreement is terminated from the moment the changes come into force.
2.7. If the Contractor receives an official letter after the changes come into force, the Agreement shall terminate from the date of receipt of the said letter. Services received by the Customer from the day the changes come into effect until the date of receipt of the letter, inclusive, are provided to the Customer, taking into account the changes made.
2.8. The Customer agrees with the procedure for changing the Regulations for the provision of services, specified in Section 2 of this Agreement. The regulations are published on the Contractor's server at http://www.sys-admin.su/. At the request of the Customer, all Annexes to this Agreement may be executed by the Contractor in writing.
3. OBLIGATIONS OF THE PARTIES
3.1. The Contractor undertakes to:
3.1.1. Comply with the terms of this Agreement.
3.1.2. Provide services in accordance with the terms of this Agreement and its Annexes.
3.1.3. Provide advice on issues arising from the Customer in connection with the provision of services to him.
3.1.4. Send the Service Acceptance Certificates to the Customer by mail at the Customer's postal address specified in this Agreement within a period of not more than five working days from the date of the service. In the event of a change in the postal address of the Customer, the Customer undertakes to inform the Contractor by means of a simple written notification through the communication channels previously agreed in the contract. In the event that the Customer did not notify the Contractor of the change of postal address, as well as in all other cases that occurred through no fault of the Contractor, cases of non-receipt by the Customer of documents sent by the Contractor to him by mail, the Customer is responsible for their non-receipt. Re-sending documents to the Customer's address is carried out by the Contractor on a paid basis at the rates specified in Appendix No. 2 to the Agreement (“Tariffs for services»).
3.1.5. Notify the Customer about the time and duration of possible interruptions in the provision of services related to the maintenance of technical means by publishing information on the Contractor's web server no later than 5 (five) working days before the interruption occurs. At the same time, the total duration of possible breaks cannot exceed 10 days within one calendar year.
3.2. The customer undertakes to:
3.2.1. Comply with the terms of this Agreement and its Annexes.
3.2.2. Ensure timely payment for the services provided in accordance with section 4 actual agreement.
3.2.3. Independently bear the risk of possible adverse consequences for him related to the loss and (or) disclosure by the Customer of the password(s) he has chosen.
3.2.4. Timely provide reliable information necessary for the Contractor to fulfill the Agreement.
3.2.5. To send to the Contractor's address a copy of the service acceptance certificate received from him and signed on his part, no later than 10 (ten) calendar days from the date of receipt of the certificate. If there are objections to the act, the Customer undertakes to inform the Contractor about them by registered mail with acknowledgment of receipt no later than 15 (fifteen) calendar days from the date the Contractor sends an e-mail letter with the text of the service acceptance certificate. If motivated objections to the act are not received by the Contractor within 30 (thirty) calendar days from the date the Contractor sends the acceptance certificate of services by e-mail, the services provided to the Customer by the Contractor shall be considered accepted by the Customer.
4. COST OF SERVICES AND PROCEDURE OF PAYMENT
4.1. The cost of services is set in rubles and is determined by the tariffs for services given in paragraph 1 of Annex 2 to this Agreement.
4.2. Payment for services under this Agreement is carried out by non-cash transfer of funds to the account of the Contractor.
4.3. When the Customer draws up payment documents in the "Purpose of payment" section, a reference to the number of his Contract with the Contractor is obligatory.
4.4. The order of the service is the Customer's consent to pay for the selected service at the prices valid on the day the order is executed.
4.5. The Contractor, in accordance with the current tariffs for services, takes into account information about the payments of the Customer, as well as the services consumed by the Customer on the Personal account of the Customer's Agreement. The funds transferred by the Customer are considered to be credited to the Personal Account of his Agreement after the funds have been received on the Contractor's settlement account, and subject to the Contractor receiving from the bank confirming payment documents identifying the payment.
4.6. Refund of the balance of unused funds of the Customer is made upon termination of the Agreement by non-cash transfer to the Customer's settlement account in any resident bank of the Russian Federation. The Contractor shall carry out the actions necessary for the return, no later than 10 (ten) working days from the date the Customer provides a written application indicating the full details of the recipient.
4.7. Features of the procedure for payment for services are contained in the Regulations for the provision of relevant services. If there are such features that contradict the provisions of this section of the Agreement, the Contractor and the Customer undertake to apply the relevant provisions contained in the Regulations for the provision of services.
5. LIABILITY OF THE PARTIES
5.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable under the legislation of the Russian Federation, taking into account the conditions established by this Agreement.
6. THE CIRCUMSTANCES OF POSSIBLE POWER
6.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement caused by force majeure circumstances that arose after its conclusion.
6.2. Force majeure circumstances, in particular, the Parties include: natural disasters; natural and industrial disasters; Act of terrorism; hostilities; civil unrest; adoption by public authorities or local governments of acts containing prohibitions or restrictions on the activities of the Parties under this Agreement; other circumstances that cannot be foreseen or prevented by the Parties in advance and make it impossible to fulfill the obligations of the Parties under the Agreement.
6.3. The Party wishing to be released from liability shall immediately, but no later than 3 (three) working days, notify the other Party of such circumstances. Untimely notification of the occurrence of force majeure circumstances deprives the Party of the right to exemption from liability.
6.4. In the event of force majeure circumstances preventing the fulfillment of obligations under this Agreement, the period for the Parties to fulfill such obligations shall be 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. In the event that force majeure circumstances continue to operate for more than the specified period, or when, upon their occurrence, it becomes obvious to both Parties that they will be valid for more than this period, the Parties undertake to discuss the possibility of alternative ways of executing this Agreement or its termination without compensation for losses. At the same time, the Contractor undertakes to return to the Customer the unused funds under the Agreement.
7. TERM OF THE CONTRACT
7.1. This Agreement shall enter into force from the moment of conclusion and terminate after six months from the date of expiration of the last service paid by the Customer under this Agreement.
7.2. If, after the expiration of the Contract or its termination in the prescribed manner, the Customer within 6 (six) calendar months did not send the Contractor an application with a request to return the balance of funds unused by the Customer under the Contract, these funds are spent by the Contractor for technical and other actions related to making appropriate records in databases.
7.3. This Agreement may be terminated:
7.3.1. At the initiative of either Party:
18.104.22.168. in case of insolvency (bankruptcy) of any of the Parties;
22.214.171.124. in the case provided n. 6.4 actual agreement.
7.3.2. At the initiative of the Contractor:
126.96.36.199. when the Customer performs technical or other actions not provided for in the Agreement, not authorized by the Contractor, which caused or may cause damage to the Contractor, third parties.
7.3.3. At the initiative of the Customer at any time, while the balance of funds unused by the Customer under the Agreement, the Contractor undertakes to return to the Customer when the Customer sends an appropriate application containing his bank details.
7.3.4. By written agreement of the Parties.
7.3.5. In accordance with clause 2.6 of this Agreement.
8. PRIVACY AND OTHER TERMS
8.1. During the term of this Agreement and 3 (three) years after its expiration, all information communicated by the Parties to each other in connection with the fulfillment of their contractual obligations is confidential information and cannot be transferred by one of the Parties to any third parties without prior obtain the consent of the other Party.
8.2. Specified in n. 8.1. of this Agreement, the provision does not apply:
8.2.1. to information that may be requested by the competent authorities in accordance with the procedure established by the legislation of the Russian Federation;
8.2.2. to information subject to disclosure by a court decision that has entered into legal force.
8.3. Dissemination of information to an unlimited circle of persons only about the fact of concluding this Agreement does not require the consent of the Parties.
8.4. The law governing relations between the Parties is the legislation of the Russian Federation.
8.5. All disputes arising from this Agreement, including in connection with its execution, violation, termination, invalidity, are referred to the Moscow Arbitration Court.
8.6. Complaint dispute resolution procedure is mandatory. The deadline for responding to a claim is 10 (ten) calendar days from the date of its receipt.
8.7. This Agreement is made in 2 (two) copies. The Agreement contains the final and complete terms of the agreement of the Parties and replaces all previous correspondence and preliminary negotiations of the Parties on its subject.
8.8. Amendments or additions to this text of the Agreement shall be made only in the manner established in this Agreement.
8.9. The Contractor guarantees that the information transferred to him by the Customer will be used solely for the purpose of executing the Agreement.
8.10. The Customer agrees that the information provided by him to the Contractor by filling out applications, other documents, including in electronic form, by placing it by the Customer in the sections of these documents marked "publicly available", will be placed by the Contractor in search services and available to an indefinite circle of persons . The list of information that is obligatory for placement and (or) is placed with the consent of the Customer is presented in the questionnaire for concluding an agreement, the agreement itself and other documents published on the Contractor's web server.
9. DETAILS OF THE PARTIES
|Product Name:||Product Name:||System Administrator LLC|
|Юридический адрес:||Address:||143005, Moscow region, Odintsovo, Mozhayskoye highway, 66, apt. 18..|
|Actual address:||Actual address:||143005, Moscow region, Odintsovo, Mozhayskoye highway, 66, apt. 18..|
|R / account number:||R / account number:||40702810814000004302|
|в||в||in VTB 24 (CJSC) Moscow|
|To / account:||To / account:||30101810100000000716|