Contract
For the services of subscriber in Internet
Semipalatinsk
____________________ called further as "Subscriber", on the behalf of________________ __________________ living on the ground of _____________________, on the one hand, and "Relcom SL" LLP, called further as "Executor", on the behalf of Director Ostrouh A.S., living on the ground of Charter, on the other hand, have entered into the present contract as follows:
1. THE SUBJECT OF THE CONTRACT
Subscriber charges, and Executor takes up obligations on making the following work and services:
1.1. Registration of information about a Subscriber in Internet , assignment of net properties for the Subscriber;
1.2. Round-the-clock reception of e-mail messages of a Subscriber in the Internet and in nets, connected by internetwork agreements, in the volume, stipulated by this Contract.
1.3. Round-the-clock delivery of e-mail messages of a Subscriber in the Internet and in nets, connected by internetwork agreements, in the volume, stipulated by this Contract.
1.4. Allocation of Online access to Internet and to nets connected with it.
1.5. Rendering of consultation services on the technology, technical an program means of interacting with Internet.
2. COST OF WORK AND ORDER OF ACCOUNT
2.1.Cost and list of services, rendered by Executor, calculate on the ground of the Price-list proportional to used volume on each service.
2.2. Payment of services and work of Executor makes on the base of advance payment. The size of prepayment cannot be less than fixed minimum according to the Price-list.
2.3. All registration of used services and control on duly payments is conducted authomated with the help of program means of Executor, information base, statistical data of Executor's site and information on condition of service package got by Subscriber from Executor.
2.4. Metrics in the database are the ground for definition and making mutual settlements and payments between Subscriber and Executor.
2.5. Adjustment of Subscriber to Internet is possible only after prepayment. On the wish of Subscriber, Executor can draw an invoice for advance payment for Internet services via e-mail.
2.6. Subscriber in addition pay all services of Ministry of communication (or any other organization, company, rendering likewise services) after establishment of connection with Internet.
3. OTHER REQUIREMENTS
3.1. All Subscriber connections with Internet initiate by Subscriber.
3.2. In case of changing of legislative and normative acts, tariffs and collections of Ministry of communication (and other structures and bodies of communication), introduction of other obligatory payments, spread on Internet, and also changes of price index on the territory of a country, place of entering into Contract, Executor has a right in unconditional order revise Price-list, notifying a Subscriber via e-mail, not less than 10 days before input of new prices for services.
3.3. If a Subscriber is not agree with price changes, he is obliged to notify Executor in written form with a Director signature sending the document to Executor within 10 days from the moment of receiving notice about changes of prices for services. The Contract is terminated according to the point 5.1. of this Contract.
3.4. Registered by Executor Subscriber's net accessory, cannot be given by Subscriber to the third party. Subscriber independently changes a password by means of Executor's database and control the rest of hours for the access in net data transfer. The responsibility for safety (nondisclosure) and using of Subscriber's net accessory is carried on by Subscriber.
3.4.1. Subscriber has no a right to render services to the third parties, in way of organization of connecting lines, connections via radiochannel, commute access, and other connections.
3.4.2. Executor has a right in one-sided way to control the execution of point 3.4.1 .
3.5. Executor is not responsible for the damage, direct or indirect, carried by Subscriber as the result of using or impossibility of using services and work of Executor.
4. RESPONSIBILITY OF PARTIES
4.1. Subscriber and Executor carry on the property responsibility for failure to comply or inadequate comply of obligations, according to the terms of this Contract and effective law of Republic of Kazakhstan.
4.2. Executor is not responsible for contest of information, distributed by Subscriber via Internet.
4.3. Subscriber is obliged to use Internet only in legal way and do not carry on Executor the responsibility for any damage, carried by Subscriber or the third party while using by Subscriber services or work of Executor.
4.4. Executor reserves the right to himself to reconnect temporarily Subscriber from Internet in the following cases:
4.4.1. Transfer in net the information, insulting honor and denomination of Subscribers and Internet serving personnel .
4.4.2. Broadcasting distribution of materials of advertising and commercial character via Internet, carried out not via system correspond to data of conference.
4.4.3. Established facts of damage or damage of hardware and program means of Executor's site machines or other Subscribers, for example, in way of intentional dispatch of computer viruses via Internet.
4.4.4. Subscribers debts.
5. TERMINATION OF CONTRACT
5.1. Contract can be terminated on Subscriber's initiative, in written form, in lack of direct fault of Executor. In this case, unused rest of money is not returned to Subscriber, but a debt in payment for services is compensated.
5.2. Contract can be terminated on Executor's initiative, in written form, in lack of Subscriber's direct fault in failure to comply of Contract terms. In this case the rest of money, unused at the moment of Contract termination is returned to Subscriber.
5.3. Contract can be terminated on Executor's initiative, in written form, on the ground of inadequate comply by Subscriber the terms of this Contract. In this case, unused rest of money is not returned to Subscriber, but a debt in payment for services is compensated.
5.4. In case of termination, not mentioned in the Contract, the questions of recalculation and payment are solved in agreement between parties or in accordance with law of Republic of Kazakhstan.
6. TERMS OF THE CONTRACT AND PARTIES' REQUISITES
6.1. Contract is signed for one year and can be renewed and revised by mutual wish of parties. Contract is inure in case of changes parties' requisites, changes of their constituent documents, including but not limiting, change of the owner, organization-legal form and etc. Contract is considered prolonged if parties have not desire to terminate it in written form.
6.2. All prior negotiations, correspondence and other terms on the subject of this Contract are ineffective from the moment of inure of this Contract.
|