I hereby agree to the following terms and conditions:
1. GENERALPROVISIONS
1.1.1. Terms and Definitions used in Agreement.
1.1.2. Annex 1 “Application” – form indicating the services selected by the Customer;
2. SUBJECT OF AGREEMENT
2.1. On the terms and conditions specified in this Agreement, the Executor shall, on the instructions of the Customer within the period specified in the Contract to provide lega lservices for a fee, General and specific list of which is contained, respectively, in Annexes No. 1 and No. 2.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Executor obliged:
- At the request of the Customer personally provide services during a period, specified by Agreement;
- immediately notify the Customer either in written or verbal form in case of impossibility to provide any of the services specified in the Agreement,.
3.2. The Executor may:
- receive from the Customer information and documents essential for the fulfilling his obligations to the Customer;
- receive payment for provided services in the amount and within terms established by the Agreement;
- engage contractors to fulfil his or her duties to provide services to the Customer;
- insure professional risks.
3.2.1. The Executor reserves the right to suspend provision of the services or refuse to transfer the results of the services to the Customer until the Customer pays the amounts in the manner and in the amounts provided in this Agreement and its annexes.
3.3. The Customer obliged:
- pay for services in the amount and within the terms established by the Agreement and accept the provided services by signing Annex 3;
- provide to the Executor the information necessary for the provision of services established by the Agreement;
- come to the place at the request of the Executor and at a certain time, where the participation of the Customer is mandatory.
3.4. The Customer has no right to involve the press and mass media, public associations and organizations without the consent of the Executor.
3.5. The Customer has the right to Customer Executor2
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– refuse to accept the results of the services provided under the Agreement in writing by the prescribed manner, and require the Executor to compensate for losses if they arise as a result of non-performance or improper performance by the Executor of its obligations under this Agreement.
4. PAYMENT FOR SERVICES
4.1. For the provision of services stipulated in the Agreement and Annex No. 1, the Customer shall pay to the Executor the fee in accordance with the Annexes to this Agreement.
4.2. Settlements between the parties under this Agreement shall be carried out in INR in a form convenient for the Parties.
5. THE PROCEDURE OF TRANSFER AND ACCEPTANCE OF PROVIDED SERVICES
5.1. The signing of this Agreement by the Customer is a confirmation of the absence of claims on his part.
5.2. The Customer is obliged to sign and return to the Executor one copy of the act of acceptance and transfer of rendered services within five working days from the date of its receipt or within the same period provide written reasonable remarks.
5.3. If the Executor will not receive the act of acceptance and transfer of rendered services, signed by the Customer or written reasonable remarks to the act within the specified period, the latter shall be deemed such that fully agreed and approved by the Customer without claims, and the services specified therein shall be paid in full in the amount specified in the Agreement.
5.4. If the Customer within the period specified in p. 5.4., will send reasonable remarks on the act, the Executor within areasonable period of time from the date of receipt is obliged to address the shortcomings specified by the Customer, or to justify the refusal to eliminate them and re-submit the act for signature to the Customer.
6. LIABILITY OF PARTIES
6.1. In case of breach of Agreement, the Party shall be liable in accordance with the Agreement and the legislation of India.
6.1.1. Breach of Agreement means non- enforcement or improper enforcement, that is, violation of the terms defined by the content of the Agreement.
6.1.2. The Party shall not be liable for breach of Agreement through no his or her fault (intent or negligence).
6.1.3. The Parties shall not be held liable for any failure to perform their obligations under this Agreement to the extent that performance of these obligations is delayed or impaired by force majeure or contingencies.
6.1.4. Contingencies means human factor, such as illness, accident, etc.
6.1.5. Force majeure means natural disasters, war and hostilities of any nature, epidemics and other extraordinary circumstances which the Parties were unable to foresee in the performance of the Agreement. The Parties have the right to extend the terms of the Contract for the period during which the circumstances of force majeure will proceed.. Force majeure circumstances are confirmed by the Chamber of Commerce and industry of India.
6.1.6. The Parties agreed that the lack or deficiency of funds is not an unforeseen circumstance or force majeure and cannot be considered a valid reason for the Customer’s failure to fulfil its obligations under the Agreement.
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6.1.7. The Parties agreed that the Executor’s liability to the Customer is limited to the cost of services paid by the Customer for their implementation.
6.2. The Executor shall not be liable for non-performance of the Agreement if the violation of the Agreement occurred as a result of the submission by the Customer to the Executor of knowingly false information or documents; or intentional obstruction of the performance of services; delay in signing or providing the necessary documents and materials at the request of the Executor;
systematic refusal or delay of the visit to the place and time where the presence of the Customer is mandatory, at the request of the Executor.
6.3. The Executor shall not be liable for the refusal of the competent authorities to issue any documents, if the basis for such refusal is provision knowingly false or incomplete information by the Customer.
6.4. Unilateral withdrawn of the Agreement by the Customer may not be the basis for the return of funds paid by the Customer to fulfil its obligations under the Contract.
6.5. Unilateral withdrawn of the Agreement by the Executor because of the Customer’s failure to fulfil his or her obligations under this Agreement may not be the basis for the return of funds paid by the Customer for the performance of its obligations under the Agreement.
6.6. Termination of the Agreement by consent of the Parties may not be the basis for the return of funds paid by the Customer to fulfil its obligations under the Agreement, if the services were actually provided.
6.6.1. In case of termination of the Agreement by consent of the Parties, the Executor returns to the Customer money only for those services that are not actually provided at the moment of termination of the Agreement.
6.7. In case of cancellation of the Agreement, the Customer is not released from the obligation to pay for the services that were actually performed by the Executor during the contract, if such services were not paid by the time of termination of the Agreement.
7. DISPUTE RESOLUTION
7.1. All disputes arising or relating to this Agreement shall be settled by negotiation between the Parties.
7.2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court under the established jurisdiction in accordance with the current legislation of India.
8. VALIDITY, AMENDMENT, TERMINATION AND CANCELLATION OF THE CONTRACT
8.1. This Agreement shall be deemed concluded and shall enter into force upon its signing by the Parties and sealing by the Parties
(if available).
8.1.1. If the Executor sends Agreement to the Customer in electronic form to the e-mail address specified in the details, the date of signing of electronic Agreement shall be the date of receipt by the Executor of Agreement signed by the Customer using the analogue of the handwritten signature (facsimile reproduction of the signature) and the analogue of the seal (facsimile reproduction of the seal) or electronic digital signature.
8.2. The termination, cancellation of this Agreement shall not relieve the Parties from liability for its violation that occurred during the validity of this Agreement.
8.3. Unless otherwise expressly provided by this Agreement or current legislation of India, amendments to this Agreement can be made only by agreement of the Parties, which is made by a supplementary agreement to this Agreement.
8.4. Amendments to this Agreement shall enter into force upon proper processing by the Parties of the relevant supplementary agreement to this Agreement, unless otherwise provided in the supplementary agreement, this Agreement or current legislation of India.
8.5. The Agreement can be withdrawn unilaterally: 6.1.8. by the Customer at any stage of service; Customer Executor 4
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– by the Executor, in the case of systematic (2 or more times) or long (more than ten days) non- fulfilment of its obligations under the Contract by the Customer.
8.6. Unless otherwise expressly provided by this Agreement or current legislation of India, this Agreement may be terminated only by the consent of the Parties, which is executed by an supplementary agreement to this Agreement.
8.7. This Agreement shall be deemed void unilaterally by the Parties from the moment of personal handover (with the list of under signature) or from the moment of written notice of intent to terminate the Agreement, received by the other Party.
8.8. In all other cases, the Agreement shall be deemed void from the moment of proper processing by the Parties of the relevant supplementary agreement to this Agreement, unless otherwise provided in the supplementary agreement, this Agreement or in the current legislation of India.
9. FINAL PROVISIONS
9.1. All legal relations arising or related to this Agreement, including those related to the validity, conclusion, performance, modification and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or breach of the Agreement, regulated by this Agreement and the relevant provisions of current legislation of India, as well as business practices applicable to such relations on the basis of principles of good faith, reasonableness and fairness.
9.2. After the signing of this Agreement, all previous negotiations, correspondence, agreements, protocols of intent and any other oral or written agreements of the Parties on matters that are somehow related to this Agreement, lose legal force, but may be taken into account in the interpretation of the terms of this Agreement.
9.3. The Parties fully responsible for the correctness of the details specified by them in this Agreement and undertake to inform
the other Party in a timely manner in writing about their changes, unless bear the risk of adverse consequences associated with it.
9.4. Assignment of the claim right and (or) debt delegation under this Agreement by one of the Parties to third parties is allowed only upon written consent of the other Party.
9.5. Supplementary agreement and Annexes to this Agreement are its integral part and have legal force if they are stated in writing, signed by the Parties and sealed (where applicable).
9.6. All corrections to the text of this Agreement are valid and can be taken to attention only on condition that they are dated in each case, certified by the signatures of the Parties and sealed (where applicable).
9.7. This Agreement and all supplementary agreements, annexes, acts, notifications, notices, invoices, other documents drawn up by the Parties in connection with the implementation of the Agreement shall be made in writing or electronically and may be sent by fax, e-mail, registered or courier mail, with confirmation of their receipt, according to details of the Parties specified in this Agreement.
9.7.1. If the above documents are made in electronic form, the requirements of the law of India On electronic Commerce» are applied to them.
9.7.2. Signatures and seals of the Parties in the Contract on paper, analogues of handwritten signatures and seals of the Parties in the electronic Contract are recognized by the Parties as exemplary and are to be used during the signing of other electronic documents drawn up in connection with the execution of the Contract.
9.7.3. If the above documents are made in electronic form, the requirements of Indian law in the part not regulated by this Agreement shall be additionally applied to them.
9.8. This Agreement is made with full understanding by the Parties of its terms and conditions and terminology in indian.in two copies having equal legal force, one for each of the Parties. The location of the contract: delhi city.
9.9. At the time of conclusion of this Agreement, the Executor is a taxpayer under the simplified tax system, not a value added taxpayer.
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9.10. By signing this Agreement, the Customer agrees to the processing of his personal data in accordance with the definitions,rules and requirements of the Law of INDIA of 01.06.2010 «On protection of personal data».
9.11. By signing this Agreement, the Executor assumes responsibility for the use of personal data of the Customer only for the purpose of implementation of existing agreements between the Parties.
9.12. By signing this Agreement, the Customer confirms that he or she is aware of the actions that can be taken in relation to his personal data, namely:
- storage in the contractor’s database;
- provision of data to any legal entities and individuals directly involved in the implementation of existing agreements between the Parties;
- provision of data in other cases stipulated by the legislation of INDIA.
9.13. By signing this Agreement, the Executor undertakes to use the personal data of the Customer only in accordance with the definitions, rules and requirements of the Law of INDIA of 01.06.2010 «On protection of personal data».
9.14. Personal data is subject to commercial/banking secrecy, private life and is not subject to disclosure,except as provided by the legislation of INDIA.