Republican unitary enterprise "Beltamozhservice", hereinafter referred to as the "Contractor", represented by ____________, acting on the basis of the ____________, on the one hand, and ____________, hereinafter referred to as the "Customer", represented by ____________, acting on the basis of the ____________, on the other hand, jointly referred to as the "Parties", have concluded this Contract as follows.
1. Subject of the Contract
1.1. Under this Contract the Contractor renders services for booking in the electronic queue system of time of vehicles entrance to the check point at the State Border of the Republic of Belarus (hereinafter – electronic booking services).
1.2. Electronic booking services are rendered according to the Regulations on the procedure for rendering to a legal entity of services for booking in the electronic queue system of time of vehicles entrance to the check point at the State Border of the Republic of Belarus (hereinafter – Procedure for rendering services) posted on the Contractor's website www.belarusborder.by in the Internet, which constitute an integral part of this Contract.
1.3. The reporting period under this Contract - one month.
2. Rights and Obligations of the Parties
2.1. The Contractor undertakes:
2.1.1. In due time to submit to the Customer the information on the procedure for rendering electronic booking services, and on the time of booking and the number of vehicles to which electronic booking services at the check point at the State Border of the Republic of Belarus can be rendered (hereinafter – the check point) by means of posting on the Contractor's website.
2.1.2. To give the Customer access to the information stored at the electronic queue system in terms of booking of time of entrance to the check point or its cancellation.
2.1.3. Till the 5th date of the month following the reporting month to submit to the Customer the Certificate of services rendered, on the Contractor's website (hereinafter – the Certificate). The certificate is represented in electronic form through the electronic booking system.
2.1.4. Till the 7th date of the month following the reporting month to sign the Certificate, to certify it by seal and to send it to the Customer in duplicate for signing.
2.2. The Contractor is obliged to:
2.2.1. Suspend rendering of electronic booking services due to the lack of monetary funds on the Contractor's settlement account placed by the Customer as an advance payment for electronic booking services or in case of performance of necessary technical works.
2.3. The Customer undertakes:
2.3.1. Prior to conclusion of this Contract to review its contents and the Procedure for rendering services on the Contractor's website.
2.3.2. Within 3 (three) working days after receipt of the Certificate from the Contractor to sign the Certificate, to certify it by seal and to send one copy to the Customer. If the Customer fails to send the signed Certificate or a motivated refusal within the time limit specified, the number of electronic booking services is considered confirmed by the Customer, and the Certificate is considered signed by the Parties.
2.3.3. To pay electronic booking services according to this Contract and the Procedure for rendering services.
2.4. The Customer is entitled:
2.4.1. To demand from the Contractor rendering of electronic booking services.
3. Cost of Services and Payment Procedure
3.1 The cost of electronic booking services is established by the legislation of the Republic of Belarus and is specified in the Procedure for rendering services.
3.2. The cost of services under this Contract is paid by the Customer on terms of 100% advance payment, in Belarusian rubles by bank transfer to the Contractor's settlement account. When performing payment the number of the contract shall be mandatorily specified in the payment order.
3.3. The date of payment for electronic booking services shall be deemed to be the date of crediting the Contractor's settlement account with monetary funds.
3.4. All bank services connected with money transfer are paid by the Customer.
3.5. The amount of an advance payment, other advance payments is not a commercial loan. Interest on use of another's funds on the amount of an advance payment, other advance payments are not charged.
4. Responsibility of the Parties
4.1 The Contractor shall not bear responsibility for failure or error of program and technical means providing rendering of electronic booking services as a result of which rendering of services is not possible.
4.2. The Parties are exempted from responsibility for non-fulfillment or improper fulfillment of obligations under the Contract for a period during which force majeure circumstances last. Force majeure circumstances include extraordinary and insurmountable circumstances which interfere the Parties with fulfillment of the contractual obligations. Force majeure circumstances are acts of God (earthquakes, floods, etc.), public life circumstances (military operations, emergency states, largest strikes, epidemics, etc.), prohibitive measures of public authorities (prohibition of transportations, currency restrictions, international sanctions for prohibition of trade, etc.). During this time the Parties have no mutual claims, and either of the Parties assumes the risk of consequences of force majeure.
4.3. All disputes and differences which may arise out of this Contract or in connection with the same are to be settled by the Parties by means of negotiations.
The claimee within 15 days after receipt of a claim shall notify in writing (in Russian) the claimer on results of consideration of the claim. The response to the claim is signed by the claimee or claimee's representative and sent to the claimer by the registered mail with return notification or handed out against receipt.
4.4. Should the Parties fail to reach an agreement a case shall be submitted to the Economic court of the Republic of Belarus at the Contractor's location and settled according to the legislation of the Republic of Belarus.
5. Change, Termination of the Contract
5.1. The Contractor is entitled to amend the procedure for rendering services unilaterally posting amendments/additions on the Contractor's website www.belarusborder.by.
Other amendments and (or) additions to this Contract are made by additional agreements signed by authorized representatives of both Parties.
5.2. This Contract may be terminated earlier:
by agreement of the Parties at any time;
in other cases stipulated by the legislation of the Republic of Belarus and/or this Contract.
6. Validity Period of the Contract, Miscellaneous
6.1. This Contract comes into force from the moment of its signing by the Parties and valid till December 31, 20 ___.
6.2. If, one month before the expiry of this Contract, neither Party notifies in writing of its desire to terminate or alter this Contract, the Contract is automatically extended for the next calendar year on the same conditions.
6.3. In case of change of names, legal addresses, bank and other details, reorganization the Parties are obliged immediately within 5 (five) working days to notify in writing each other of such change.
6.4. In all matters not covered by this Contract, the Parties shall be guided by the applicable legislation of the Republic of Belarus, the Procedure for rendering services.
6.5. This Contract is drawn up and signed in duplicate in Russian, valid equally, a copy for either of the Parties.
6.6. Signing this Contract the Customer confirms that he is properly acquainted with the Regulations on the procedure for rendering to a legal entity of services for booking in the electronic queue system of time of vehicles entrance to the check point at the State Border of the Republic of Belarus.
7. Legal Addresses and Details of the Parties:
Legal address: 223049,
Minsk Region, Minsk District,
Shchomyslitskiy rural council,
17th km of Minsk-Dzerzhinsk highway,
Administration building, room 75.
Dzerzhinskogo Prospekt, 104-A, room 11.4, 220116, Minsk
UNP 101561144 OKPO 37529913,
Settlement account BY83AKBB30120000084320000000
in OJSC ASB Belarusbank, code AKBBBY2X,
Minsk, Dzerzhinskogo Prospekt, 18