Republican unitary enterprise "Beltamozhservice", hereinafter referred to as the "Contractor", represented by Acting Director General Kupreev Sergey Ivanovich, acting on the basis of the Charter and order No. 526-к dated 11/08/2016, on the one hand, and an individual, hereinafter referred to as the "Customer", on the other hand, 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.
2. PROCEDURE FOR CONCLUSION OF THE CONTRACT
2.1. This Contract is public contract (Art. 396 of the Civil Code of the Republic of Belarus) according to which the Contractor is obliged to render electronic booking service to any number of individuals (Customers) who have applied for the specified services.
2.2. Publication (posting) of the text of this Contract on the website www.belarusborder.by in the Internet is the Contractor's public proposal (offer) addressed to any number of individuals to sign this Contract (clause 2. of Art. 407 of the Civil Code of the Republic of Belarus).
2.3. This Contract is concluded by joining of the Customer to this Contract, i.e. by means of acceptance by the Customer of terms and conditions of this Contract in general, without any conditions, withdrawals 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 Contract is payment for an electronic booking service.
2.5. This Contract, provided that the order of its acceptance is observed, is deemed to be concluded in simple written form (clause 2, clause 3 of Art. 404 and clause 3 of Art. 408 of the Civil Code of the Republic of Belarus).
2.6. The date of conclusion of the Contract shall be deemed to be the date of payment for an electronic booking service.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor undertakes:
3.1.1. 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 in Russian, Belarusian and English languages on the Contractor's website www.belarusborder.by.
3.1.2. 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.
3.2. THE CONTRACTOR IS ENTITLED:
3.2.1. To amend this Contract and the Procedure for rendering services unilaterally, posting it on the Contractor's website www.belarusborder.by.
3.2.2. To suspend rendering of electronic booking services in connection with performance of necessary technical works.
3.3. THE CUSTOMER UNDERTAKES:
3.3.1. Prior to conclusion of this Contract to review its contents and the Procedure for rendering services on the Contractor's website www.belarusborder.by.
3.3.2. To comply with the rules of the legislation, terms and conditions of this Contract, the Procedure for rendering services.
3.3.3. To pay for electronic booking services according to the Procedure for rendering services.
3.4. THE CUSTOMER IS ENTITLED:
3.4.1. To demand from the Contractor rendering of electronic booking services according to the Contract.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. 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.
4.2. 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.
4.3. 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.
4.4. 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.
5. RESPONSIBILITY OF THE PARTIES
5.1. 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.
5.2. 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.
5.3. 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.
5.4. 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.
6. VALIDITY PERIOD OF THE CONTRACT, MISCELLANEOUS
6.1. The Contract comes into force from the moment of its signing (clause 2.6) by the Parties and valid till complete fulfillment of the obligations by the Parties.
6.2. 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.
6.3. Signing this Contract the Customer confirms that he is properly acquainted with the Procedure for rendering services.
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