PUBLIC CONTRACT
of rendering paid services № without number from May 12, 2022.
Minsk
This Public Agreement for paid services (hereinafter – the Contract) is the Adhesion Contract and defines the order of provision of paid services, as well as mutual rights, duties and relations between the individual entrepreneur Martsynkevich Dzmitry Valeryevich, acting on the basis of the certificate of state registration №192538626, issued by the Minsk City Executive Committee on 20.09.2019, hereinafter referred to as “Contractor”, on the one hand, and an individual or a legal person or an individual entrepreneur, hereinafter referred to as “Customer”.
1. Subject of the Agreement
1.1 The subject of the Agreement is the provision of the following paid services (hereinafter referred to as “Services”)
– service of audit, analysis and description of the Customer’s existing business processes;
– consulting services on automation, modeling and optimization of business processes;
– Individual Planfix training services;
– Group training services regarding work with the Planfix system.
1.2 The term “Planfix system” in this Agreement means a service consisting of a constructor of various management systems, which can be integrated with data exchange programs and services, messengers, other systems, and which allows optimizing management, communication, and other business processes of the Customer.
2. Order of conclusion of the Agreement and terms and conditions of rendering Services
2.1 This Agreement is a public contract under which Contractor shall assume the obligation to provide services in accordance with paragraph 1.1 of this Agreement and shall perform it in relation to each individual or legal entity or individual entrepreneur who appealed for the provision of services. The Executor shall not have the right to give preference to one person over another with respect to the conclusion of this Agreement, except as required by law.
2.2 Placing of this Agreement on the Executor’s web-site in the Internet www.planfix.store is a public offer (offer) of the Executor to conclude the Agreement addressed to an indefinite circle of persons (art. 407, item 2 of the Civil Code of the Republic of Belarus).
2.3 Conclusion of the Agreement takes place by means of the Customer’s accession to the offered Agreement, i.e. by means of acceptance (acceptance) of the conditions of the Agreement by the Customer as a whole without any conditions, exceptions and reservations (art. 398 of the Civil Code of the Republic of Belarus).
2.4 The fact of acceptance of the terms and conditions of this Agreement by the Customer is the payment of the Services by the Customer in the order and on the terms and conditions defined by this Agreement.
2.5. This Agreement, subject to observance of the procedure of its acceptance, is considered concluded in a simple written form (art. 404, paras. 2, 3 and 3 of art. 408 of the Civil Code of the Republic of Belarus).
Having acquainted with the Price-list of Executor on the Executor’s website www.planfix.store and with the text of this Agreement on the Executor’s website www.planfix.store the Customer reports about his desire to receive paid services according to clause 1.1 of this Agreement by a telephone call, by SMS-message, e-mail, other means of communication, forming and confirming an application on the site www.planfix.store (hereinafter – Application), specifying the following information
2.6.1. name of the paid Service in accordance with the Contractor’s Price List, if necessary, its description;
2.6.2. information identifying the Customer – surname, first name, patronymic name (if any), name of the legal entity, details, contact telephone number, e-mail address;
2.6.3. other information related to the service (if necessary).
2.7 On the basis of received Application the Executor sends to the Customer an invoice (receipt) in electronic or paper form for payment of selected paid Service.
The Executor has a right to change the Price-list and provisions of this Agreement unilaterally at any moment without prior approval by the Customer, providing thus the publication of the amended terms of the Agreement on the Executor’s Web-site in the Internet at: www.planfix.store, not less than 1 (one) calendar day before their introduction into force.
2.9. In case of late payment the Executor has a right to suspend rendering the Services or to terminate this Agreement.
2.10. By concluding this Agreement the Customer agrees that the Executor has the right to refuse at any time to provide the Services if their provision contradicts the requirements of the current legislation of the Republic of Belarus.
2.11. The Customer is obliged to observe the order of rendering the Services, mode of work and schedule of training established at the Executor, to treat with care the Executor’s premises, equipment and materials.
2.12. The Customer being an individual shall give his consent to the Executor to collect, storage, processing and transfer of his personal data with the purpose of providing the Services under this Agreement in accordance with the existing legislation of the Republic of Belarus.
3. Cost, order and terms of payment for the Services
3.1 The unit of measure for providing the Services is one normo-hour. At definition of the cost of Services by the Contractor the following costs are considered: duration and complexity of rendered services.
3.2 The unit cost of the Services indicated on the Executor’s website at www.planfix.store is the Price list (Price list), which in its turn is an integral part of this Agreement.
3.3 The cost of the Services shall be determined by the Executor in Belarusian rubles or in a foreign currency – US dollars, Euro or Russian rubles. The cost shall be determined on the basis of its costs provided for by clause 3.1 of the Agreement for rendering the Services on the date of this Agreement.
3.4 Payment for services can be performed by non-cash transfer to the Executor’s account:
– by residents of the Republic of Belarus – in Belarusian roubles;
– other payers – in US dollars, euro or Russian rubles.
3.5 The request for payment for the Services (invoice, receipt) is valid within 30 (thirty) calendar days.
3.6 Payment for ordered Services without reception of confirmation from the Executor about possibility of Services rendering is not allowed. Monetary funds paid without such confirmation shall be returned to the Customer upon his application.
3.7. Payment is made by the Customer on conditions of full or partial advance payment of Services cost by the Customer.
3.7.1 The conditions of full prepayment provide for 100% payment of the ordered Services by the Customer;
3.7.2 The conditions of partial prepayment provide for the payment by Customer of 5 (five) or 10 (ten) normo-hours before the beginning of rendering the Services. Afterwards payment for Services is made upon rendering of services within 2 (two) working days from the date of acceptance of services according to clause 5 of the Agreement.
3.8. Customer, being an individual, shall pay for Services, as a rule, in one of the following ways acceptable for him
– by depositing cash to the Executor’s account through the cash desk of servicing bank (including automated);
– by non-cash bank or postal money transfer to the Provider’s account;
– in any other way previously agreed with the Contractor;
3.9. Customer being a legal entity or individual entrepreneur, makes payment for Services by non-cash bank transfer to Executor’s account or in any other way previously agreed with the Executor.
3.10. The basis for payment for the Services is an invoice (receipt) for payment for the chosen paid Services, sent by the Executor to the Customer electronically in accordance with this Agreement, indicating the personal data, details of the Customer. After making the payment to the Customer it is recommended as soon as possible in any way to send to the Executor a copy of the payment document, confirming the payment.
3.11. As agreed with the Executor after it confirms the possibility of rendering Services, prepayment for chosen Services can be made without sending an invoice (receipt) to the Customer.
3.12. Costs of Executor’s (involved by him persons) departure to Customer are not included into the cost of Services and shall be paid by Customer additionally on the basis of documents, confirming these costs.
4. Rights and obligations of the Parties
4.1 The Executor has the right to:
4.1.1. independently determine the forms, methods and means of rendering the Services;
4.1.2. involve the third parties to perform its obligations under this Agreement and / or use the services / works of the third parties to enable the provision of Services under this Agreement.
4.2 The Executor undertakes:
4.2.1. timely and qualitatively render the Services to the Customer in the manner and on the terms and conditions defined in this Agreement, as well as in the amount defined by the Customer in the Application for the provision of the Services;
4.2.2. organize provision of Services in accordance with the established sanitary norms, rules, hygienic norms, fire safety rules;
4.3 The Customer has the right:
4.3.1. demand from the Executor proper rendering of Services;
4.3.2. receive fee-based Services in accordance with clause 1.1. of this Agreement.
4.4 The Customer undertakes:
4.4.1. to comply with the terms of this Agreement, and to pay the Contractor for the Services ordered in the manner, amounts and within the time periods specified in this Agreement;
4.4.2. provide complete, accurate and reliable information when making an Order for the Services;
4.4.3. to inform the Contractor of all changes in the provided personal data not later than 1 (one) month from the date of such changes;
4.4.4. to comply with the requirements of the local normative legal acts of the Executor;
4.4.5. to treat the premises and the property of the Executor with care;
4.4.6. In case of having claims about the Services rendered by Executor to notify Executor about it in writing within 5 (five) calendar days from the moment when the Customer became known or should have become known about non-performance or improper performance of obligations under this Agreement by Executor.
The Customer has no right to distribute and transfer materials used and/or provided by Executor to the Customer while rendering Services, including software products, handouts, presentation materials, other materials and records of Executor to the third parties or otherwise violate the exclusive rights for the intellectual property of Executor.
4.6. By concluding this Agreement, the Customer gives his full and unconditional consent to receive from the Contractor advertising information, as well as other information distributed by the Contractor (including via SMS-messages, messages to e-mail addresses, other messages) for purposes and cases where the need for such consent is provided by law.
The Customer is informed of his right to demand from the Contractor to immediately stop the placement (distribution) of advertising information to the Customer.
To express his refusal to receive advertising information distributed by the Executor, when the possibility of such refusal is provided by law, the Customer is entitled to any way to ensure receipt of such refusal by the Executor.
Contractor is obliged to immediately stop distribution (dissemination) of advertising information to the Customer at the first request of the Customer.
5. Order of delivery-acceptance of Services
5.1 Provision of services under this Agreement to the Customers being a legal entity (individual entrepreneur) shall be confirmed by the Act of rendering services which shall be drawn up by the Executor.
5.2 In accordance with the Decree of the Ministry of Finance of the Republic of Belarus from 12.02.2018 № 13 “On the sole drawing up of primary accounting documents” the Customer confirms and agrees that the Act of rendering services in accordance with this Agreement can be drawn up by the Contractor unilaterally.
The Statement of Services may be drawn up unilaterally both in written, printed and electronic form.
5.3 The Customer has the right to submit an application for drawing up a bilateral Statement of Services by the Contractor in writing. This request shall be sent by the Customer to the Executor by post (e-mail) not later than in five (5) calendar days before the date of rendering the service. In case of the Customer’s omission of the specified term, the Act of rendering services shall be made by the Executor unilaterally.
5.4 The bilateral Service Act may be signed and sent to the Customer by one of the following ways at the Contractor’s option
– made on paper the Service Act shall be signed by the Contractor and sent to the Customer by mail;
– the Document on rendering services on electronic media is signed by the electronic digital signature of the Contractor and shall be sent to the Customer by e-mail;
– made on paper Statement of rendering of services shall be signed by the Contractor, scanned, after that a scanned copy shall be sent to the Customer by e-mail.
Term of sending to the Customer of the Service Act is 30 (thirty) calendar days from the date of provision of the Service.
5.5 The Customer agrees that if within five (5) calendar days from the date of receipt of the bilateral Act of rendering services the Customer will not claim in writing any written complaints about the services rendered by the Executor it will be considered as the full and unconditional consent of the Customer that the Services are provided by the Executor in time, in full and properly.
5.6. The Customer who has no written claim for the rendered Services shall be obliged within 5 (five) calendar days from the moment of receipt of the Services act to sign it and send it to the Executor.
6. Liability of the Parties
6.1. For nonperformance or improper performance of his obligations under this Agreement the Parties shall be liable in accordance with the laws of the Republic of Belarus.
6.2. Customer shall be solely responsible for any actions of third parties, including unauthorized ones, which take place due to non-observance of confidentiality of his data or other restricted information by the Customer, as well as for consequences of such actions.
7. Additional conditions
7.1 In case of impossibility to perform the Agreement occurred through the fault of the Customer, the money paid to the Contractor according to this Agreement shall be returned at the discretion of the Contractor.
7.2 In case of non-payment of the prepayment the Executor has the right to refuse to provide the Services to the Customer.
7.3 The Parties shall not be liable for non-performance, improper performance of their obligations if it was caused by force majeure.
7.4. The Parties agree that they unconditionally recognize the legal validity of the texts of the documents received via facsimile communication channels and electronic mail equally with the documents executed in simple written form on paper medium, except for the cases when execution of the documents on paper medium is obligatory due to the requirements of the Agreement.
7.5 All correspondence, notices and notices received by facsimile and to e-mail addresses specified in this Agreement as details of the Parties shall be deemed delivered to the addressee in proper form.
7.6 The place of conclusion of this Agreement is the Contractor’s location address.
7.7. By concluding this Agreement, the Customer hereby declares that:
7.7.1. the information he provides in the Application is complete, true and accurate;
7.7.2. understands and agrees that the information he provides in the Application may be available to third parties due to the requirements of the legislation of the Republic of Belarus;
7.7.3. in case any of the terms of this Agreement becomes invalid, is recognized as illegal or is excluded from this Agreement, it shall not invalidate the remaining terms of this Agreement.
7.8 Amendments and/or additions to this Agreement shall be made unilaterally by the Contractor’s decision in the manner prescribed by this Agreement and shall enter into force on the next day after their publication.
7.9 Amendments and/or additions made by the Contractor to this Agreement due to changes in legislation come into force simultaneously with the entry into force of changes in these legislative acts.
7.10. The text of amendments and/or additions to this Agreement, or its new edition is brought by the Contractor to the general information by means of placement of the relevant information on the Contractor’s web-site in the Internet at: www.planfix.store.
7.11. The Parties have unconditionally agreed that silence (absence of written notifications about termination of the Agreement or about disagreement with some provisions of the Agreement, including changes of the Executor’s Price-list) is considered as consent and adhesion of the Customer to a new version of the Agreement (item 3 of article 159 of the Civil Code of the Republic of Belarus).
8. ACTS OF INSUPERABLE FORCE (FORCE MAJEURE)
8.1 The Parties shall be exempted from liability for partial or full non-fulfillment of their obligations under the Contract if such non-fulfillment is a consequence of force majeure arising after conclusion of the Contract, that is extraordinary and unavoidable under the given conditions. In this case, the established deadlines for the performance of obligations specified in the Contract shall be postponed for the period during which the circumstances arise.
8.2 The Party subjected to force majeure or material change in circumstances shall notify the other Party in writing of the occurrence and termination of the above circumstances not later than five (5) calendar days after their occurrence by registered letter or certified telegram.
8.3 If the force majeure circumstances last for two (2) consecutive weeks and show no signs of termination, the Contract can be terminated by the Customer and/or the Executor by sending a notice to the other party.
In case of termination of the Agreement due to the force majeure circumstances the Executor shall return to the Customer the received cash funds minus the expenses actually incurred by the Executor within 30 (thirty) calendar days.
8.4 Certificates and/or official confirmations of relevant competent state authorities shall serve as proper evidence of force majeure circumstances and their duration.
9. PERSONAL DATA
9.1 The Contractor confirms that it will comply with the obligations it has undertaken regarding the protection of the Client’s personal data, which apply in accordance with the legislation on the protection of personal data.
9.2 For the purpose of this contract “personal data” means any information relating to an identified or identifiable natural person, including but not limited to surname, first name, patronymic (if any), year of birth, sex (male/female), registration address, passport data, telephone number, e-mail address (E-mail).
9.3 Personal data presented by the Client in the framework of this contract can be used by the Executor only for the proper performance of obligations under this contract and qualified provision of services and is not subject to disclosure to third parties.
10. Final Provisions
10.1 This Agreement comes into force from the moment of its conclusion, in the order established by clause 2 of this Agreement. 2 of this Agreement, and shall remain in force until the Parties perform their obligations in full.
10.2. The Contract shall be amended and terminated in accordance with the terms and conditions of this Agreement/the legislation of the Republic of Belarus.
10.3. All disputes and disagreements under the present Contract the Parties shall resolve by negotiations, and in case of failure to reach an agreement – in the manner prescribed by the legislation of the Republic of Belarus.
10.4. Mutual relations of the Parties not regulated by the present Agreement shall be governed by the current legislation of the Republic of Belarus.
11. Addresses and details of the Parties
11.1 The Parties unconditionally agree to consider as the Customer’s requisites the information specified by him when executing the Order, including that specified in the payment document for payment for the Services.
11.2 The Contractor’s requisites:
Individual Entrepreneur Martsynkevich Dzmitry Valeryevich
38-36 Soltys Str., 220137 Minsk, Republic of Belarus
Company code: 192538626
CLOSED JOINT-STOCK COMPANY “ALFA-BANK” 43-47 Surganova Str., 220013 Minsk, Republic of Belarus
SWIFT ALFABY2X
BY67ALFA30132519100010270000 in BYN
BY07ALFA30132519100050270000 in EUR
BY37ALFA30132519100030270000 in RUB
BY22ALFA30132519100040270000 in USD
International details and correspondent banks of Alfa-Bank CJSC are available at https://www.alfabank.by/about/payment_requisites/
