Sample contract for the provision of mobile communication services. Agreement for the provision of communication services for legal entities
The document form “Agreement on the provision of communication 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.
on the provision of communication services
[enter as required] [day, month, year]
[Full name of the organization], hereinafter referred to as the Operator, represented by [F. I. O., position], acting on the basis of the [Charter, regulations, power of attorney], on the one hand, and [F. I.O./name of the subscriber], hereinafter referred to as the Subscriber, 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 Operator provides the Subscriber with paid services communications under license N [value] dated [date, month, year], issued by [specify the name of the authority that issued the license] in accordance with the Price List, which is an annex and an integral part of this agreement, and the terms of this agreement.
1.2. The services provided under this Agreement include the following: [local services telephone communication/ long-distance and international telephone services/ telephone services in a dedicated communication network/ intrazonal telephone services/ local telephone services using payphones/ local telephone services using public access facilities/ telegraph communication services/ personal radio call communication services/ mobile services radio communications in a public communication network/ mobile radio communication services in a dedicated communication network/ mobile radiotelephone communication services/ mobile satellite radio communication services/ communication services for the provision of communication channels/ communication services for data transmission/ telematic communication services/ communication services for cable and ( or) broadcasting/wired radio broadcasting communication services/services providing access to the Internet, etc.].
1.3. Under this agreement, the Subscriber undertakes to pay for the services provided in the amount and terms stipulated by this agreement and the Price List.
1.4. The Operator provides communication services to the Subscriber 24 hours a day every day in accordance with the terms of this agreement and the selected tariff plan.
1.5. The services provided by the Operator are provided to the Subscriber on the basis of this agreement signed by the Parties and the subscription agreement, which is an annex and an integral part of this agreement.
1.6. The term for the provision of services is [fill in what is required].
2. Responsibilities of the parties
2.1. The operator is obliged:
2.1.1. On high quality level fulfill your responsibilities regarding the service provided.
2.1.2. Provide services in accordance with the amount of the tariff plan chosen by the Subscriber.
2.1.3. Not later than [enter as required] notify the Subscriber about carrying out preventive and repair work [specify in what way].
2.1.4. Maintain the confidentiality of the Subscriber's information received from him during registration.
2.1.5. Notify about changes in payment rates for no less than [enter as required] [specify in what way].
2.2. The operator has the right:
2.2.1. [Temporarily/completely] stop providing communication services to the Subscriber in the event of failure to pay for the services provided within the time limits established by this agreement.
2.2.2. Change the terms of this agreement and (or) the Price List. In this case, the Operator notifies the Subscriber of the planned changes no less than [fill in as required] by [fill in as needed].
2.3. The subscriber is obliged:
2.3.1. Timely and in full pay for the provided communication services in accordance with the chosen tariff plan only from the person indicated during registration in the contact or billing information.
2.3.2. Within [enter as required] notify the Operator about changes in your details and (or) contact information.
2.3.3. Comply with the Rules for the use of communication services and data transfer services, which are an annex and an integral part of this agreement.
2.4. The subscriber has the right:
2.4.1. Require the Operator to provide timely and high-quality communication services in accordance with this agreement.
2.4.2. Receive advice and information from the Operator to the extent necessary to use the service provided.
2.4.3. In case of disagreement with changes to the terms of this agreement and (or) the Price List, terminate this agreement.
3. Procedure for terminating the contract
3.1. This agreement may be terminated at any time by agreement of the Parties.
3.2. The Subscriber has the right to unilaterally terminate this agreement if the Operator does not agree to change the terms of this agreement and (or) the Price List.
3.3. The Operator has the right to unilaterally terminate this agreement in the event of [failure by the Subscriber to fulfill obligations under the agreement/repeated failure by the Subscriber to fulfill obligations under the agreement].
3.4. The contract is considered automatically terminated if the Subscriber’s balance is zero or negative for [enter as required] in a row.
4. Responsibility of the parties. Force Majeure
4.1. Each of the Parties that has not fulfilled or improperly fulfilled the terms of this agreement shall be liable in accordance with current legislation.
4.2. The Subscriber independently ensures and bears full responsibility for the safety and protection of his information (including Subscriber passwords), his software and hardware when using the services of the Operator.
4.3. Other measures of liability of the Parties for failure to fulfill their obligations under this agreement are determined in accordance with current legislation Russian Federation.
4.4. 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 after the conclusion of this Agreement as a result of extraordinary events that the Parties could not foresee or prevent by reasonable measures.
5. Contract price and payment procedure
5.1. The cost of services under this agreement and in accordance with the selected tariff plan is [in figures and words] rubles.
5.2. Payment for communication services is carried out by bank transfer no later than the [value] date of each month.
5.3. Funds transferred by the Subscriber to the Operator are credited by the Operator to the Subscriber’s personal account after they are received in the Operator’s current account and are accounted for in the Subscriber’s personal personal account.
5.4. When paying for communication services under this agreement, the Subscriber indicates a payment code, which is assigned to him after signing this agreement and the subscription agreement.
5.5. The Operator may suspend the provision of all or part of the services to the Subscriber if full use funds in his personal account until replenishment personal account. In this case, the unprovided part of communication services is not paid for.
6. Grounds for termination of the contract
6.1. This Agreement terminates in the following cases:
If one of the Parties unilaterally refuses to fulfill the Agreement;
When the Parties fulfill their obligations under this Agreement;
By agreement of the Parties.
6.2. The Customer has the right to refuse to fulfill this Agreement at any time.
6.3. If the Customer refuses the services specified in the contract under which the Contractor began work, the advance payment ([value] % of the total cost of services) is not returned to the Customer.
6.4. The Contractor has the right to refuse to fulfill its obligations under this Agreement if the Customer provides inaccurate information or if the information was incomplete or intentionally distorted.
7. Final provisions
7.1. This agreement comes into force on the date of its signing.
7.2. All disputes and disagreements arising during the validity of this Agreement, the Parties agreed to resolve through negotiations. If such a solution is impossible, disputes and disagreements are resolved in the manner prescribed by the current legislation of the Russian Federation.
7.3. The Subscriber hereby confirms that with the terms of provision of communication services set out in this agreement, the Price List and subscription agreement, agree.
7.4. This Agreement is drawn up in two authentic copies, one for each of the Parties.
7.5. In everything that is not provided for in this agreement, the Parties are guided by current legislation.
8. Details and signatures of the parties
Operator Subscriber
[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.
1. TERMS
1.1. “Billing period” is the calendar month beginning immediately after the month in which communication services were provided to the Customer.
1.2. "Tariff" - the price at which payment is made for the provided communication services between the Parties.
1.3. “Communication service” - _____________ communication services that are provided by the Contractor to the Customer under this Agreement using __________________.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor under this Agreement undertakes to provide the Customer with Communication Services, and the Customer undertakes to pay for Communication Services on the terms and in the manner set out in this Agreement.
3. TERMS OF PROVISION OF COMMUNICATION SERVICES
3.1. After concluding this Agreement, the Customer has the right to receive Communication Services, and the Contractor, if available, technical feasibility and if the Customer has access to _________________ communication services, he is obliged to provide the Customer with Communication Services.
3.2. Communication services are provided from pre-selection The Contractor as a _________________ communication operator.
3.3. To receive Communication Services, the Customer must complete the following actual sequential actions:
___________________________________________________________
__________________________________________________________.
3.4. Communication services are considered provided from the moment _______________ as a result of the Customer performing the actions specified in clause 3.3 of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes:
4.1.1. Provide Communication Services in accordance with the legislation of the Russian Federation, national standards, technical norms and rules, ________________________________________________________________ (indicate the relevant regulatory documents, __________________________________________________________________________, regulating the activities of the Contractor, as well as a link to the license/permit held by the Contractor) as well as this Agreement.
4.1.2. Eliminate within ___________ days any malfunctions that arose due to the Contractor’s fault and impede the use of the Communication Services.
4.1.3. Notify the Customer about changes in the terms of service, payment methods for communication services, Tariffs at least ________ days before the date of introduction of such changes through __________________.
4.1.4. Create a Certificate of Services Rendered in the Billing Period in 2 copies and send it to the Customer within _______ days.
4.1.5. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.
4.2. The performer has the right:
4.2.1. Change in unilaterally Tariffs, terms and payment terms in accordance with clause 4.1.3 of this Agreement.
4.2.2. Temporarily suspend the provision of access to the Customer's Communication Services in the cases provided for in clause 6.2 of this Agreement.
4.2.3. The Contractor has the right to refuse to fulfill obligations under the Agreement by notifying the Customer about this _________________________, subject to full compensation for losses to the Customer.
4.3. The customer undertakes:
4.3.1. Make payment for the communication services provided to him within the terms and conditions provided for in this Agreement.
4.3.2. Sign the Certificate of provision of services in the Billing period within ________ days. In case of disagreement with the contents of the Act, send within the same period a written reasoned refusal to sign the Act on the provision of services. In case of failure to send the Certificate of Provision of Services or refusal to sign it, the Communication Services for the corresponding Billing Period will be recognized as properly provided.
4.3.3. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.
4.4. The customer has the right:
4.4.1. Make claims on the received invoice in the manner provided for in Section 7 of this Agreement.
4.4.2. Refuse to pay for communication services provided to the Customer without his consent. Communication services are considered provided to the Customer with his consent if the actions specified in clause 3.3 of this Agreement have been performed.
4.4.3. The Customer has the right to refuse to fulfill the Agreement by notifying the Contractor about this _________________________, subject to payment to the Contractor for the expenses actually incurred by him.
5. COST OF COMMUNICATION SERVICES AND PAYMENT PROCEDURE
5.1. Tariffs for Communication Services are established by the Parties by signing the Additional Agreement to this Agreement and may be changed subject to the Contractor's compliance with the provisions of clause 4.1.3 of this Agreement.
5.2. The charging unit is _______________. The tariff unit can be changed by the Contractor at any time unilaterally.
5.3. Payment for services is made by the Customer on the basis of an invoice issued by the Contractor within _______ days from the date of its receipt by the Customer. If required by law, the Contractor also issues an invoice to the Customer.
5.4. The Customer pays for the Communication Services provided to him under this Agreement exclusively by bank details indicated in the invoice for payment for communication services, or in cash in cash to the Contractor's payment points.
5.5. An invoice for payment for Communication Services provided in the month preceding the Billing Period is issued to the Customer before the __________ date of the Billing Period indicating the total amount of payment, as well as indicating each type of Services, their volume and cost. The basis for issuing an invoice to the Customer is the data obtained using the equipment used to record the volume of communication services provided.
5.6. At the end of the calendar year or as necessary, the Parties draw up and sign in 2 copies a Statement of Reconciliation of Settlements, which indicates the periods, volumes and cost of the provided Communication Services.
5.7. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.
5.8. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.
6. LIABILITY OF THE PARTIES AND FORCE MAJEURE CIRCUMSTANCES
6.1. 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.
6.2. In the event of a delay in payment or other violation by the Customer of the requirements established by the Federal Law “On Communications” or this Agreement, the Contractor has the right to suspend the provision of access to the Communication Services for a period until the Customer fully repays the debt or, accordingly, eliminates other violations committed by the Customer. The resumption of access to the Communication Services is carried out by the Contractor within ______ business days from the date the Customer fulfills the violated obligations in a proper manner.
6.3. For each day of delay in payment for services provided, the Contractor has the right to collect from the Customer a penalty in the amount of ____% of the cost of the Communication Services provided in the month preceding the Billing Period for each day of delay, but not more than the amount payable. The Customer is obliged to pay the penalty to the Contractor within _______ days from the date of presentation of the request for payment.
6.4. The parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement if they prove that proper fulfillment was impossible due to force majeure, that is, extraordinary, unforeseen and unpreventable circumstances under the given conditions. At the same time, the presence of force majeure extends the period for the Parties to fulfill their obligations under the Agreement in proportion to the duration of its validity. If force majeure lasts more than six months, the Parties are obliged, at the proposal of one of the Parties, to agree on further terms of action and/or the possibility of terminating this Agreement.
7. DISPUTE RESOLUTION
7.1. In case of non-fulfillment or improper fulfillment of obligations arising from this Agreement, the Customer, before going to court, presents a claim to the Contractor in accordance with Art. Art. 55, 56 Federal Law dated 07.07.2003 N 126-FZ “On Communications”.
7.2. If the claim is rejected in whole or in part or if a response is not received within the time period established for its consideration, the Customer has the right to file a claim with the Arbitration Court of _______________________.
8. TERM AND CONDITIONS FOR CHANGE AND TERMINATION OF THE AGREEMENT
8.1. This Agreement is valid from the moment it is signed by the Parties and is concluded for a period of ______________ from the date of its commencement.
The Agreement is automatically extended for the next year, unless otherwise stated by either Party __________ months before its expiration.
8.2. This Agreement may be terminated early in cases and in the manner provided for by the current legislation of the Russian Federation.
8.3. In the event of termination of this Agreement, the Parties must make mutual settlements for all obligations.
8.4. All changes and additions to this Agreement are made in writing and signed by authorized representatives of the Parties in two copies.
9. OTHER CONDITIONS
9.1. This Agreement is drawn up and signed in two copies, each having the same legal force, one copy for each Party.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Contractor: Customer: __________________ "_______________" __________________ "_______________" INN/KPP ____________________________ INN/KPP ____________________________ Legal/mailing address: ________ Legal/mailing address: ________ _____________________________________ _____________________________________ _____________________________________ ____________________________________ Account ________________________________ Account ________________________________ in the bank ____________________________ in the bank ____________________________ s/s ________________________________ s/s ________________________________ BIC ________________________________ BIC ________________________________ Head of the organization Head of the organization ______________/_________________ _______________/____________________ M.P. M.P.Saint Petersburg
Closed Joint Stock Company "ElectronTelecom" (CJSC "ElectronTelecom"), hereinafter referred to as "Communications Operator", represented by general director Lukina N.N., acting on the basis of the Charter on the one hand, and individual, using the services of the Telecom Operator for a fee, hereinafter referred to as the “Subscriber”, on the other hand, collectively referred to as the “Parties”, have entered into an Agreement as follows:
1. Terms and definitions
1.1. Communication services - wired radio broadcasting - transmission of audio broadcasting programs to a wide range of geographically dispersed listeners via wired lines.
1.2. Subscriber is a user of wired radio broadcasting communication services.
1.3. Tariff – subscription fee for one radio point per month.
1.4. Subscriber line is a communication line connecting the user (terminal) equipment (hereinafter referred to as the UPE) with the communication node of the wired broadcasting network.
1.5. The technical possibility of providing access to a wired broadcasting network is the presence of unused communication lines that allow the formation of a subscriber line.
1.6. Providing access to a wired broadcasting network is a set of actions by a telecommunications operator of a wired broadcasting network to form a subscriber line and connect user (terminal) equipment with its help to the communication node of a wired broadcasting network in order to ensure the provision of communication services to the subscriber.
2. Subject of the agreement
2.1. The telecom operator provides the Subscriber with wired radio broadcasting communication services (hereinafter referred to as Services), and the Subscriber pays for these Services by current tariffs. The Subscriber has one RT in use.
2.2. The telecom operator provides Services on the basis of the License for the provision of communication services for the purposes of wire broadcasting No. 125381 dated 12/09/2014, issued Federal service for supervision in the field of communications, information technologies and mass communications.
2.3. The publication of this Agreement is a public offer. The terms of Art. 426 of the Civil Code of the Russian Federation (Public Agreement) and Art. 428 of the Civil Code of the Russian Federation (Agreement of Accession). The terms of this Agreement are the same for all Subscribers.
2.4. Acceptance of the offer and the fact of accession to this Agreement is the Subscriber making the first monthly payment for the Services. The date of payment is considered the date of conclusion of the Agreement.
2.5. This Agreement is concluded for an indefinite period.
2.6. At the request of the applicant, an agreement may be concluded with him in writing.
3. Rights and obligations of the parties
3.1. The telecom operator undertakes:
3.1.1. Ensure stable and high-quality operation of the wired broadcasting network, broadcasting programs of government and commercial radio companies, transmitting information and warning signals.
3.1.2. Take all technical possible measures depending on it to ensure the quality of the transmitted signal of broadcast programs, in accordance with the requirements of the current GOST R 52742-2007.
3.1.3. At the request of the Subscriber, submitted through the Technical Department of the Telecom Operator, by telephone numbers specified in clause 3.4.1. Agreement, eliminate interruptions in the operation of the radio point and ensure its restoration normal operation within the time limits provided for by the Rules technical operation wire broadcast networks approved by order of the Ministry of Communications of the Russian Federation dated March 23, 1997 No. 44.
3.1.4. At least 10 calendar days before the introduction of new tariffs, inform the “Subscriber” about changes in wire broadcasting tariffs through the local press and other media.
3.1.5. Notify the Subscriber of changes in the terms of the Agreement at least 10 calendar days before the changes come into force by any in an accessible way, including through the media.
3.1.6. Ensure the confidentiality of the Subscriber's personal data that has become known to the Telecom Operator in connection with the execution of this Agreement.
3.2. The telecom operator has the right:
3.2.1. Unilaterally change the tariffs for the Services by notifying the Subscriber in advance in accordance with clause 3.1.4. Agreement.
3.2.2. Unilaterally make changes to the Agreement by notifying the Subscriber in advance in accordance with clause 3.1.5. Agreement.
3.2.3. Suspend the provision of Services if the Subscriber violates the conditions specified in Section 4 of this Agreement by notifying the Subscriber.
3.2.4. In case of violation by the Subscriber of the requirements related to the provision of Services established by the Federal Law “On Communications”, the Rules for the provision of wired radio broadcasting communication services, approved by Decree of the Government of the Russian Federation dated 06.06.2005 No. 353, the Rules for the technical operation of wired broadcasting networks, approved by order of the Ministry of Communications of the Russian Federation dated March 23, 1997 No. 44, and the Agreement, to suspend the provision of Services until the violation is eliminated.
3.3. The subscriber undertakes:
3.3.1. Make payment for the Telecom Operator Services in full and within the terms established by this Agreement.
3.3.2. In full and within the terms established by this Agreement, upon termination of the Agreement, pay for the removal (disconnection) of the RT.
3.3.3. Follow the rules for using the software.
3.3.4. Do not allow connection to the wired broadcast network of equipment not intended for use in the wired broadcast network.
3.3.6. Do not remove, install, turn on or turn off the RT yourself.
3.3.7. Provide access to the Communications Operator's personnel and other persons officially authorized by the Communications Operator to the locations of equipment and communications of the wired radio broadcasting network.
3.3.8. Upon termination of the Agreement at the initiative of the Subscriber, the latter undertakes to pay the debt for the Services provided by the Telecom Operator.
Note: In case of violation specified condition The Telecom Operator has the right to refuse the Subscriber to conclude a new Agreement.
3.3.9. Notify the Telecom Operator about the termination of your right to own the premises in which the RT is installed.
3.4. The subscriber has the right:
3.4.1. If you notice a deterioration in the quality of the Services, submit an application to the Technical Department of the Telecom Operator to eliminate malfunctions by phone: 459-00-00. Applications are accepted around the clock.
4. Payment for services and settlement procedures.
4.1. The cost of the Services under this Agreement consists of a subscription (monthly) fee.
4.2. Subscription (monthly) payment is made by the Subscriber no later than the 10th (tenth) day of the month following the billing month.
4.3. The billing period for services provided by the Telecom Operator is 1 (one) month.
4.4. Payment for the Services of the Telecom Operator is made in rubles by transferring the subscription fee by paying for the Services through payment of a notice-receipt issued by an authorized organization (HOA, housing cooperative, Management company, etc.)
5. Procedure and conditions for changing, terminating and terminating the agreement
5.1. The telecom operator and the Subscriber have the right at any time, by agreement of the Parties, to terminate the Agreement, subject to payment for the Services provided.
5.2. The Subscriber has the right to unilaterally terminate the Agreement by notifying the Telecom Operator in writing, and this Agreement is considered terminated from the first day of the month following the month in which the Telecom Operator received notice of termination.
An application for termination of the Agreement is drawn up in the following order:
- The subscriber personally submits an application of the established form (Appendix No. 1 to this agreement) to the Subscriber Department of the Telecom Operator, subject to the mandatory presentation of documents confirming registration or ownership at the place of removal (disconnection) of the RT (passport, certificate of ownership).
- Payment for removal (disconnection) of the RT in the amount of 100 rubles is made at the company’s office at the address: St. Petersburg, Vyborgskoye Shosse, 36.
- Removal (disconnection) of the RT is carried out by an electrician of the Telecom Operator on the appointed day.
- After providing all the necessary services and completing the work order, the telecom operator’s electrician issues the Subscriber a certificate confirming the termination of charging the subscription fee (monthly) for using the RT from the 1st day of the next month.
5.3. The telecom operator has the right to unilaterally terminate this Agreement if the Subscriber fails to eliminate the violations specified in clause 3.2.3. – 3.2.4. Agreement, after 6 (six) months from the date the Telecom Operator sent the Subscriber a notice of suspension of the provision of services.
5.4. The telecom operator has the right to unilaterally refuse to fulfill this Agreement in the event of termination of the technical ability to provide services to the Subscriber. The telecom operator notifies the Subscriber of refusal to fulfill the Agreement no later than 10 (ten) days before the date of termination of the provision of Services.
5.5. Proper notification of the Subscriber about refusal to fulfill the Agreement is one of the following notification methods: in the media, by posting information in information settlement centers, by sending a written notification via postal service, by courier delivery.
5.6. If the Subscriber's right to own or use the premises in which the RT is installed is terminated, the contract with the Subscriber is terminated.
6. Other conditions
6.1. The parties bear responsibility under this agreement in accordance with current legislation.
6.2. The procedure for filing and considering claims arising in connection with the execution of this Agreement is determined by the Rules for the provision of wired radio broadcasting communication services, approved by Decree of the Government of the Russian Federation dated June 6, 2005 No. 353.
6.3. Disputes and disagreements arising during the execution of this Agreement, in the event of their failure to be resolved in a claim procedure, are referred by the Parties in accordance with the legislation of the Russian Federation for resolution to the judicial authorities.
6.4. Relations between the Parties not provided for in the Agreement are regulated by the Federal Law “On Communications”, the Rules for the provision of wired radio broadcasting communication services, approved by Decree of the Government of the Russian Federation dated 06.06.2005 No. 353, and the Rules for the technical operation of wired broadcasting networks, approved by order of the Ministry of Communications of the Russian Federation dated 23.03. 1997 No. 44.
6.5. For the period of validity of the Agreement, the Subscriber expresses his consent to the transfer by the Telecom Operator to third parties of information about the Subscriber specified in Art. 53 of Federal Law No. 126-FZ of July 7, 2003 “On Communications”:
- for their processing (systematization, accumulation, storage, clarification, updating, modification, use and destruction);
- for use for the purposes of execution of the Agreement, including for the provision of subscription and maintenance services by third parties;
- to transmit information about the fulfillment by debtors of their obligations to third parties who, on behalf of the Telecom Operator, collect the debt for the Services from the Subscriber, or to whom the right to claim such debt has been transferred.
AGREEMENT No. ____ FOR THE PROVISION OF COMMUNICATION SERVICES for legal entities
Providing the SUBSCRIBER with access to the Internet by connecting to a Local Network
Providing the SUBSCRIBER with access to internal resources of the Local Network
1.1. The CONTRACTOR, if technically possible, provides the SUBSCRIBER with additional services for a fee under the terms of this Agreement.
List of basic communication services and tariffs for them, as well as a list additional services are given in Appendix No. 1 to the Agreement.
2. BASIC TERMINOLOGY OF THE DOCUMENT
2.1. CONTRACTOR – an organization providing communication services.
2.2. SUBSCRIBER is a legal entity or individual entrepreneur connected to the CONTRACTOR's communication network, having the registration network details provided by the CONTRACTOR and being a consumer of the CONTRACTOR's services under the Agreement for the provision of communication services.
2.3. Registration NETWORK DETAILS – unique digital identifiers and Internet protocols provided by the CONTRACTOR to the SUBSCRIBER, allowing the SUBSCRIBER to be identified in the CONTRACTOR’s network and on the Internet as an individual consumer of communication services, and ensuring that the SUBSCRIBER receives communication services from the CONTRACTOR.
2.4 PERSONAL ACCOUNT, hereinafter referred to as "PA", is a record in the settlement and information (billing) system of the CONTRACTOR, taking into account the amount and dates of receipt of funds from the SUBSCRIBER to the CONTRACTOR, as well as their consumption as the SUBSCRIBER consumes the services provided by the CONTRACTOR.
2.5. SUBSCRIPTION FEE - a fixed periodic payment that does not depend on the time or volume of use of the service.
2.6. CONNECTION FEE – fixed one-time payment.
2.7. COMMUNICATION NETWORK – a set of cable lines and network equipment CONTRACTOR, forming a data transmission medium through which the CONTRACTOR organizes the provision of communication services to the SUBSCRIBER.
2.8. CONTRACTOR'S PERSONNEL – CONTRACTOR's employees authorized by the CONTRACTOR to work with the SUBSCRIBER.
2.9. CALENDAR MONTH – the period of time from the 1st to the last day of the month.
2.10. Internet – public communication networks
3. BASIC PROVISIONS
3.1. By concluding the Agreement, the SUBSCRIBER confirms that he has read and agrees with all its terms, as well as the terms of all Appendices and Addenda to the Agreement, with the terms of the Price List.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. The CONTRACTOR provides services to the SUBSCRIBER in accordance with the terms of licenses issued to the Contractor by the Ministry of the Russian Federation for Communications and Informatization, legislative regulations (rules) of the Russian Federation regulating activities in the field of provision of communication services, as well as in accordance with the terms of this Agreement.
4.2. After signing the Agreement, within the period specified in Appendix No. 1 to the Agreement, the CONTRACTOR connects the SUBSCRIBER to its communication network. Connection services include:
· laying cable to the SUBSCRIBER's office;
· laying the cable inside the office (carried out in an “open” way (without attaching the cable to the walls, etc.) and does not include the Contractor’s obligation to carry it out taking into account the design and other requirements of the Subscriber);
· registration of the SUBSCRIBER in the CONTRACTOR'S NETWORK and provision of registration NETWORK DETAILS to the SUBSCRIBER;
7. RESPONSIBILITY OF THE PARTIES
7.1. The CONTRACTOR has the right to suspend the fulfillment of its obligations under the Agreement in the following cases:
Delay in payment of the monthly bill for the use of communication services by more than 15 (fifteen) banking days in accordance with clauses 6.3, 6.13, 6.14. The provision of communication services can be restored only after the debt has been repaid.
Transfer of the SUBSCRIBER's right to the premises to another legal entity.
7.2. For failure to fulfill or improper fulfillment of obligations provided for in clauses 10.3,10.4 of this Agreement
The CONTRACTOR is liable in an amount not exceeding the monthly subscription fee. Lost profits are not refundable.
7.3. The SUBSCRIBER is responsible for illegal use connected network.
7.4. The CONTRACTOR's area of responsibility is limited to the CONTRACTOR's equipment.
8. FORCE MAJEURE CONDITIONS
8. 1. The parties are not liable in cases of force majeure, namely emergency and unpreventable circumstances: natural disasters (earthquakes, floods, etc.), circumstances of public life (military operations, large-scale strikes, epidemics, accidents at energy supply enterprises, etc.). d.) and prohibitive measures of government bodies. The Parties shall inform each other in writing about the occurrence of such circumstances within five days from the date of their occurrence.
8.2. The party whose failure to fulfill obligations or their delay is caused by those specified in clause 8.1. of this Agreement due to “force majeure” circumstances, must notify the other Party in writing within five days and provide supporting documents and evidence of the existence of these circumstances.
8.3. For the entire duration of force majeure circumstances, the Agreement may be extended if one of the Parties to the Agreement insists on this.
8.4. In cases where force majeure circumstances and their consequences continue to apply for more than two
months or upon the occurrence of such circumstances it becomes obvious that they and their consequences will last longer than this period, the Parties, if possible short term, will conduct negotiations in order to identify acceptable for them alternative ways execution of the Agreement and achievement of the appropriate agreement.
9. VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1 The Agreement comes into force from the date of its signing by both Parties and is valid for one year from
the moment of its signing by the Parties.
9.2 If 30 (thirty) days before the end of the Agreement, neither Party declares in writing its intention to terminate it, then it is automatically extended for the next year.
9.3 The Agreement may be terminated by agreement of the Parties.
9.4 The Agreement may be terminated at the written request of the SUBSCRIBER unilaterally with a warning to the CONTRACTOR 30 (thirty) days in advance.
9.5 The Agreement may be terminated at the written request of the CONTRACTOR unilaterally after 30 (thirty) days from the date of suspension by the CONTRACTOR of fulfilling its obligations under the Agreement in accordance with clause 7.1.
9.6 The Agreement may be terminated at the written request of the CONTRACTOR unilaterally, with a warning to the SUBSCRIBER 30 (thirty) days in advance in the following cases:
Violation by the SUBSCRIBER of obligations under clause 6.3;
Violations by the SUBSCRIBER of the rules for operating terminal equipment, defined regulatory documents communications industries;
Violation by the SUBSCRIBER of the obligations provided for in clause 5.3 of the Agreement.
9.7 Termination of the Agreement is not a basis for the CONTRACTOR to reimburse the SUBSCRIBER’s costs incurred in connection with the organization of work to provide access to the Bit Com network.
9.8 Termination of the Agreement does not relieve the SUBSCRIBER from obligations to pay for communication services already provided. In this case, the calculations are closed with a Calculation Reconciliation Report, which is prepared by the CONTRACTOR and sent to the SUBSCRIBER by fax with subsequent delivery of the original by mail. The balance of the debt (according to the Act) is due to be paid within 15 (fifteen) calendar days from the date of sending the Act by fax.
10. OTHER CONDITIONS
10.1. The SUBSCRIBER is not allowed to transfer his rights and obligations under the Agreement to third parties without written consent from the CONTRACTOR.
10.2. During emergency situations authorized to do so government bodies have the right of priority use, as well as suspension of the services provided by the CONTRACTOR.
10.3. The CONTRACTOR gives absolute priority to all messages relating to the safety of human life, urgent measures in the field of defense, security and law enforcement in the Russian Federation, as well as messages about major accidents, disasters, epidemics and natural disasters.
10.4. The CONTRACTOR has the right to refuse to provide the service under the following circumstances:
Providing a service may pose a threat to the security and defense of the state, health and safety of people;
The provision of services is impossible due to any physical, topographical or other natural obstacles;
The SUBSCRIBER uses or intends to use communication equipment for any illegal purposes, or receives communication services in an illegal way.
10.6. Disputes on issues provided for in the Agreement that the Parties are unable to resolve between themselves through negotiations are subject to resolution, with the exception of the jurisdiction of general courts, in the Arbitration Court.
10.7. Data and information that became known to the Parties during the execution of the Agreement are considered confidential and should not be disclosed to third parties or used for purposes beyond the scope of the Agreement, without the written consent of the second Party to the Agreement.
10.8. The Agreement contains an Appendix, which is an integral part of it.
10.9. The Agreement is drawn up in two copies, one for each of the Parties, which have equal legal force.
10.10. The Agreement contains the “Network Connection Settings” Appendix, which contains the necessary addresses, accounts (logins) and passwords, network settings to connect to servers.
11. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
OPERATOR: | ||
Legal address: |
||
Postal address: Moscow region, | Mailing address: |
|
Podolsk | ||
Corr. account no. | Corr. account no. |
|
OPERATOR | ||
Director Com" | _____________________________ |
|
_____________________ |
Application
to the Agreement for the provision of communication services
No.________ dated _________ 20___
Stages of service provision
Address where services are provided | Number of connected trunks | Date of activation *) |
||
Note:
*) THE CONTRACTOR reserves the right to postpone the switch-on date if the SUBSCRIBER has not paid the fee for access services in accordance with clause 6.1. Agreement.
Tariffs for Internet access services
The tariffs below come into effect from the date of signing of this Agreement.
Payment Description | Unit | Payment amount per unit, | Qty | Amount of payment, |
1. One-time payments | ||||
1.1. One-time payment for connection | ||||
2. Monthly payments | ||||
2.1. Subscription fee for Internet access. | Tariff №____ | |||
Tariff name | Subscription fee | Speed(kbit/s) | Selected tariff plan |
|
1. Business 1 | ||||
2. Business 2 | ||||
3. Business 3 | ||||
4. Business 4 | ||||
5. Individual 1 | ||||
6. Individual 2 | ||||
7. Individual 3 | ||||
OPERATOR | ||
Director Com" | ______________________ |
|
__________________ |
||
1. TERMS
1.1. “Billing period” is the calendar month beginning immediately after the month in which communication services were provided to the Customer.
1.2. "Tariff" - the price at which payment is made for the provided communication services between the Parties.
1.3. “Communication service” - _____________ communication services that are provided by the Contractor to the Customer under this Agreement using __________________.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor under this Agreement undertakes to provide the Customer with Communication Services, and the Customer undertakes to pay for Communication Services on the terms and in the manner set out in this Agreement.
3. TERMS OF PROVISION OF COMMUNICATION SERVICES
3.1. After concluding this Agreement, the Customer has the right to receive Communication Services, and the Contractor, if technically possible and if the Customer has access to _________________ communication services, is obliged to provide Communication Services to the Customer.
3.2. Communication services are provided with the preliminary selection of the Contractor as a _________________ communication operator.
3.3. To receive Communication Services, the Customer must complete the following actual sequential actions:
___________________________________________________________
__________________________________________________________.
3.4. Communication services are considered provided from the moment _______________ as a result of the Customer performing the actions specified in clause 3.3 of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes:
4.1.1. Provide Communication Services in accordance with the legislation of the Russian Federation, national standards, technical norms and rules, ________________________________________________________________ (indicate the relevant regulatory documents, __________________________________________________________________________, regulating the activities of the Contractor, as well as a link to the license/permit held by the Contractor) as well as this Agreement.
4.1.2. Eliminate within ___________ days any malfunctions that arose due to the Contractor’s fault and impede the use of the Communication Services.
4.1.3. Notify the Customer about changes in the terms of service, payment methods for communication services, Tariffs at least ________ days before the date of introduction of such changes through __________________.
4.1.4. Create a Certificate of Services Rendered in the Billing Period in 2 copies and send it to the Customer within _______ days.
4.1.5. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.
4.2. The performer has the right:
4.2.1. Change unilaterally the Tariffs, terms and payment terms in accordance with clause 4.1.3 of this Agreement.
4.2.2. Temporarily suspend the provision of access to the Customer's Communication Services in the cases provided for in clause 6.2 of this Agreement.
4.2.3. The Contractor has the right to refuse to fulfill obligations under the Agreement by notifying the Customer about this _________________________, subject to full compensation for losses to the Customer.
4.3. The customer undertakes:
4.3.1. Make payment for the communication services provided to him within the terms and conditions provided for in this Agreement.
4.3.2. Sign the Certificate of provision of services in the Billing period within ________ days. In case of disagreement with the contents of the Act, send within the same period a written reasoned refusal to sign the Act on the provision of services. In case of failure to send the Certificate of Provision of Services or refusal to sign it, the Communication Services for the corresponding Billing Period will be recognized as properly provided.
4.3.3. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.
4.4. The customer has the right:
4.4.1. Make claims on the received invoice in the manner provided for in Section 7 of this Agreement.
4.4.2. Refuse to pay for communication services provided to the Customer without his consent. Communication services are considered provided to the Customer with his consent if the actions specified in clause 3.3 of this Agreement have been performed.
4.4.3. The Customer has the right to refuse to fulfill the Agreement by notifying the Contractor about this _________________________, subject to payment to the Contractor for the expenses actually incurred by him.
5. COST OF COMMUNICATION SERVICES AND PAYMENT PROCEDURE
5.1. Tariffs for Communication Services are established by the Parties by signing the Additional Agreement to this Agreement and may be changed subject to the Contractor's compliance with the provisions of clause 4.1.3 of this Agreement.
5.2. The charging unit is _______________. The tariff unit can be changed by the Contractor at any time unilaterally.
5.3. Payment for services is made by the Customer on the basis of an invoice issued by the Contractor within _______ days from the date of its receipt by the Customer. If required by law, the Contractor also issues an invoice to the Customer.
5.4. The Customer pays for the Communication Services provided to him under this Agreement exclusively using the bank details specified in the invoice for payment for Communication Services, or in cash at the Contractor's payment points.
5.5. An invoice for payment for Communication Services provided in the month preceding the Billing Period is issued to the Customer before the __________ date of the Billing Period indicating the total amount of payment, as well as indicating each type of Services, their volume and cost. The basis for issuing an invoice to the Customer is the data obtained using the equipment used to record the volume of communication services provided.
5.6. At the end of the calendar year or as necessary, the Parties draw up and sign in 2 copies a Statement of Reconciliation of Settlements, which indicates the periods, volumes and cost of the provided Communication Services.
5.7. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.
5.8. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.
6. LIABILITY OF THE PARTIES AND FORCE MAJEURE CIRCUMSTANCES
6.1. 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.
6.2. In the event of a delay in payment or other violation by the Customer of the requirements established by the Federal Law “On Communications” or this Agreement, the Contractor has the right to suspend the provision of access to the Communication Services for a period until the Customer fully repays the debt or, accordingly, eliminates other violations committed by the Customer. The resumption of access to the Communication Services is carried out by the Contractor within ______ business days from the date the Customer fulfills the violated obligations in a proper manner.
6.3. For each day of delay in payment for services provided, the Contractor has the right to collect from the Customer a penalty in the amount of ____% of the cost of the Communication Services provided in the month preceding the Billing Period for each day of delay, but not more than the amount payable. The Customer is obliged to pay the penalty to the Contractor within _______ days from the date of presentation of the request for payment.
6.4. The parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement if they prove that proper fulfillment was impossible due to force majeure, that is, extraordinary, unforeseen and unpreventable circumstances under the given conditions. At the same time, the presence of force majeure extends the period for the Parties to fulfill their obligations under the Agreement in proportion to the duration of its validity. If force majeure lasts more than six months, the Parties are obliged, at the proposal of one of the Parties, to agree on further terms of action and/or the possibility of terminating this Agreement.
7. DISPUTE RESOLUTION
7.1. In case of non-fulfillment or improper fulfillment of obligations arising from this Agreement, the Customer, before going to court, presents a claim to the Contractor in accordance with Art. Art. 55, 56 of the Federal Law of July 7, 2003 N 126-FZ “On Communications”.
7.2. If the claim is rejected in whole or in part or if a response is not received within the time period established for its consideration, the Customer has the right to file a claim with the Arbitration Court of _______________________.
8. TERM AND CONDITIONS FOR CHANGE AND TERMINATION OF THE AGREEMENT
8.1. This Agreement is valid from the moment it is signed by the Parties and is concluded for a period of ______________ from the date of its commencement.
The Agreement is automatically extended for the next year, unless otherwise stated by either Party __________ months before its expiration.
8.2. This Agreement may be terminated early in cases and in the manner provided for by the current legislation of the Russian Federation.
8.3. In the event of termination of this Agreement, the Parties must make mutual settlements for all obligations.
8.4. All changes and additions to this Agreement are made in writing and signed by authorized representatives of the Parties in two copies.
9. OTHER CONDITIONS
9.1. This Agreement is drawn up and signed in two copies having equal legal force, one copy for each Party.