Agreement for the provision of services for the placement of equipment. Sample contract for the provision of services for the placement of a vending machine, concluded between legal entities

Agreement No. _______

for the provision of services for the placement of equipment

, "Svyaztransneft" - Verkhnevolzhskoe PTUS" Andrey Vasilievich Sviridov, acting on the basis of power of attorney No. 35 dated 01/01/2001, hereinafter referred to as the "Customer", on the one hand, and ____________________________________________, on whose behalf and on behalf of which, on the basis of ____________________________________________________________- , hereinafter referred to as the "Contractor", represented by _______________________________________________, on the other hand, have concluded this Agreement as follows:

1. The Subject of the Agreement

1.1. The "Contractor" undertakes to provide the "Customer" with services to provide the possibility of placing and operating equipment in accordance with the technical specifications on the antenna-mast structures and in the hardware containers located at:

2.1.4. The "Contractor" has the right not more than once a year to change the amount of payment for the services provided under this agreement.

In the event of a change in the amount of the fee, the "Contractor" is obliged to notify the Customer in writing two months before the start of the billing month from which the fee is changed.

2.1.5. Upon receipt of an advance payment, the "Contractor" is obliged to submit an invoice for the amount of the received advance payment, drawn up in accordance with applicable law.

2.2. The customer is obliged:

2.2.1. Use the equipment location strictly in accordance with clause 1.1. actual agreement.

2.2.3. When operating the equipment, comply with all norms and rules that determine the procedure for performing the specified work.

2.2.4. Provide, at the request of the Contractor, documents confirming the agreement on the issue and obtaining permission to install equipment in the relevant authorities authorized to issue such permits.

2.2.5. To notify the "Contractor" in writing of the upcoming release of the placements, both ahead of schedule and after the expiration of this Agreement, but not less than two months before the upcoming release.

2.2.6. To bear responsibility for full compensation for damage in case of damage to the placements due to the fault of the "Customer". In this case, the "Customer" carries out repair work at his own expense.

2.2.7. Provide fire safety measures for equipment locations and be responsible for full compensation for damage in the event of a fire.

3. Payments and settlements under the contract

3.1. The parties agreed that for the provision of places for equipment placement, the "Customer" pays the "Contractor" a monthly fee in the amount of ________________________________________________________________________________

3.2. For the use of the places specified in clause 1.1 of the agreement, the fee provided for in clause 3.1. is paid by transferring funds to the settlement account of the "Contractor" within 10 working days of the month following the settlement month, on the basis of the invoice, invoice and after the parties sign the act of acceptance of services. Services for an incomplete month are paid in proportion to the number of days of use.

4. Liability of the Parties and termination of the contract

4.1. In case of delay in payment, in accordance with clause 3.2. of the Agreement, the "Contractor" has the right to recover from the "Customer" penalties at the rate of 0.25% of the amount unpaid on time for each day of delay, but not more than 10% of the amount of the overdue payment.

4.2. In the event of non-fulfillment or improper fulfillment by one of the parties of the obligations assumed under this Agreement, this party shall compensate the other party in full for the losses incurred in addition to the payment of penalties established in this Agreement.

4.3. The Agreement may be terminated in the manner and on the grounds provided for by the current legislation of the Russian Federation and this Agreement.

4.4. In the event of termination of the Agreement, the Parties are obliged to pay for their obligations that arose before the date of termination of the agreement.

4.5. The "Contractor" is not responsible for the loss or damage to the property of the "Customer" if such loss (damage) occurred through no fault of his.

5. Procedure for resolving disputes

5.1. All disputes, disagreements and claims arising from this Agreement or in connection with it, including those related to its conclusion, modification, execution, termination, termination and validity, are subject to resolution in the Arbitration Court.

6. Privacy

6.1. The terms of this Agreement, any information, documentation and other materials received by one Party in the course of the execution of this Agreement or with the assistance of the other Party, with the exception of information published by the media or information that cannot be a trade secret in accordance with the legislation of the Russian Federation (in particular, information on judicial arbitration cases), is recognized as confidential (hereinafter referred to as Confidential Information), that is, not subject to publication, transfer to third parties or disclosure in any other way by one Party without the consent of the other Party.

6.2. The Parties take all necessary measures to prevent the disclosure of Confidential Information or familiarization of third parties with it without the consent of each party. Confidential Information can only be accessed by those employees who are directly involved in the execution of the contract.

6.3. The "Customer" undertakes to ensure the safety of the original documents received from the "Contractor", and is also responsible to the "Contractor" for unauthorized disclosure of Confidential Information during the validity period.

7. Validity, amendments and additions to the contract

7.1. This Agreement shall enter into force on _______________________________________

7.2. Changes and additions to the terms of this Agreement are formalized by additional agreements.

7.3. The Customer has the right to refuse services under this Agreement by notifying the Contractor in writing no later than one calendar month in advance.

8. Final provisions

8.1. If either party changes its address, name and bank details, it is obliged to notify the other party in writing within 10 (ten) business days. This written notice becomes an integral part of this contract. If the party does not receive the notification, the addresses, names, bank details of the parties specified in the Agreement are considered correct.

8.2. Neither party has the right to transfer its rights and obligations under this Agreement to a third party without the prior written consent of the other party.

8.3. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.

8.4. Correspondence and payments sent (listed) to the details specified in this Agreement will be considered properly sent (listed), unless one of the Parties sends a written notification to the other party about the change in its details.

8.5. For the purposes of complying with the provisions of this Agreement, the Parties will use the details specified in Section 9.

8.6. Attachment to agreement:

1. Annex "Planning the location of equipment at the base station (Volot settlement)";

2. Appendix a "Planning the location of equipment at the BS (Moika settlement)";

3. Appendix "Act on the placement of equipment."

9. Addresses, bank details and signatures of the Parties:

Appendix

to the Agreement ____________ dated _______________.

Layout of the location of equipment at the base station (Volot village)

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Appendix a

to the Agreement ___ dated ___.

Layout of the location of equipment at the BS (Moyka village)

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Open Joint Stock Company "Svyaztransneft"

Appendix

to the Agreement ____________ dated ______________

placement of equipment

, "Svyaztransneft" - Verkhnevolzhskoe PTUS" Andrey Vasilyevich Sviridov, acting on the basis of power of attorney No. 35 dated 01/01/2001, hereinafter referred to as the "Customer", on the one hand, and ______________________________, on whose behalf and on behalf of which, on the basis of ___________________________________________, hereinafter referred to as the "Contractor", represented by _____________________________________, acting on the basis of ____________________________________________, on the other hand, signed this Equipment Placement Certificate:

In accordance with the terms of the Agreement No. ______ dated "________" ___________________. The Customer placed the following equipment at the Contractor's facilities:

	Name, address of the object	equipment identification	Location
		Antenna DP 2 -1 pc Antenna Y5 - 1 pc.	Novgorod region, Volot village
	n. Moyka	Antenna - 2 pcs. Rack 19' with VHF radio communication equipment - 1 pc.	Novgorod region, Moika village

1. The objects are in good condition, comply with the terms of the Agreement and can be used for their intended purpose.

2. This act comes into force from the date of its signing by the parties and is an integral part of the Agreement No. _____________ dated "_______" _____________

for vending machine placement in a person acting on the basis of , hereinafter referred to as " Side 1”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ User”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Party 1 grants the User, on a reimbursable basis, the right to install an automatic vending machine in a non-residential premises with a total area of ​​1 sq.m on the floor of the building at the address: (hereinafter referred to as the Premises). The location of the attraction agreed upon by the Parties may be changed upon agreement of the Parties.

2. TERM OF THE CONTRACT

2.1. This Agreement comes into force from the moment of its signing by the Parties and is valid until ""2020.

2.2. If at least days before the expiration of the Agreement, neither Party notifies the other Party in writing of its desire to terminate this Agreement, then the Agreement shall be deemed prolonged on the same terms for the same period, but within the term of the Lease Agreement, specified in paragraph 1.2 of the Agreement.

3. PROCEDURE AND TERMS OF PAYMENT

3.1. The monthly fee under the Agreement amounts to rubles (hereinafter referred to as the Payment under the Agreement).

3.2. The fee under the Agreement includes compensation of expenses in connection with the provision of the User with the necessary utilities and maintenance services, including electricity, cleaning of the Premises, fire alarms, as well as payment for all other payments that may occur in relation to the provided Place.

3.3. The fee under the Agreement begins to accrue from the date of placement of the attraction in the Place agreed by the Parties, which is confirmed by the signing of the relevant act by the Parties.

3.4. The User pays the Fee under the Agreement on a monthly basis during the first banking days of the billing month.

3.5. The User pays the Fee under the Agreement in a cashless manner to the current account specified in clause 9 of the Agreement.

3.6. Changes in the amount of the Fee under the Agreement may be carried out with the mutual written consent of the Parties.

3.7. The amount of the Fee under the Agreement may be changed unilaterally by sending the User a prior (days in advance) written notice of the change in the fee under the Agreement.

3.8. In case of early termination of this Agreement, the Parties shall make mutual settlements on the date of termination of the Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Party 1 is obliged:

4.1.1. Place the Attraction in the Place agreed by the Parties within ten days from the date of conclusion of the Agreement by the Parties; The fact of placement of the attraction is confirmed by the signing of the relevant act by the Parties.

4.1.2. Ensure the provision of utility and maintenance services provided for in clause 3.2 of the Agreement.

4.1.3. Notify the User in all cases when it becomes known about the upcoming power outage.

4.1.4. Provide the User (his employees, visitors and other persons at the written instruction of the User) with free and unhindered access to the attraction daily during business hours established by Party 1. Such access is carried out in accordance with the access control established by Party 1.

4.1.5. Party 1 ensures the safety of the placed property of the User.

4.2. Party 1 has the right:

4.2.1. Refuse to execute the Agreement by sending the User a preliminary (days before the expected date of termination of the Agreement) of the relevant written notice.

4.3. The user is obliged:

4.3.1. Agree with Party 1 on the time of installation of the attraction and the procedure for the installation of the attraction.

4.3.2. Timely pay the Payment under the Agreement in accordance with the provisions of Art. 3 Agreements;

4.3.3. Comply with the rules of the intra-object and access control in force on the territory of Party 1.

4.3.4. Collect funds on their own at the time agreed with Party 1 and in the presence of a representative of Party 1.

4.3.5. Comply with sanitary and fire safety standards, technical operation rules and fire safety rules established by the current legislation of the Russian Federation.

4.3.6. In case of damage to the Place through the fault of the User, compensate for the damage caused to Party 1 - and / or third parties.

4.3.7. On the date of termination of the Agreement, dismantle and remove the attraction, leaving the Place in a clean condition.

4.4. The user has the right:

4.4.1. Demand a reduction of the Fee under the Agreement or refuse to perform the Agreement if, due to circumstances for which the User is not responsible, the condition of the Place or the conditions for using the attraction have deteriorated significantly.

4.4.2. Refuse to execute the Agreement by sending Party 1 a preliminary (days before the expected date of termination of the Agreement) relevant written notice.

5. RESPONSIBILITIES OF THE PARTIES

5.1. In case of delay in payments under this Agreement, the User, at the request of Party 1, is obliged to pay the latter a penalty (penalty) in the amount of % of the overdue payment amount for each day of delay.

5.2. The request for the payment of interest must be made in writing, signed by an authorized representative of the relevant Party and submitted within days from the date of the end of the period of delay. In the absence of a properly executed written request or the submission of this request after the lapse of days from the date of the end of the delay period, no interest is accrued or paid.

5.3. Payment of penalties does not relieve the Parties from fulfilling their obligations under this Agreement.

5.4. The user is responsible for violation of sanitary and fire safety standards, technical operation rules and fire safety rules established by the current legislation of the Russian Federation.

5.5. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the guilty Party shall reimburse the other Party for losses in accordance with the current legislation of the Russian Federation.

6. CONDITIONS FOR TERMINATION

6.1. The Agreement may be terminated in the manner prescribed by the current legislation of the Russian Federation and the Agreement.

7. FORCE MAJOR

7.1. The Parties are exempt from partial or complete failure to fulfill their obligations under this Agreement if such failure is the result of force majeure: earthquake, flood, fire, typhoon, hurricane, snow drift, sharp temperature fluctuations, hostilities, mass diseases (epidemics, epizootics) and other circumstances independent of the will of the Parties. These events must be of an extraordinary, irresistible nature, occur after the conclusion of the Agreement and prevent the Parties from fulfilling their contractual obligations.

7.2. A Party cannot refer to the non-fulfillment of an obligation by the other Party to the extent that this non-fulfillment is caused by its own actions (inaction) or omissions.

7.3. The exemption from liability applies only to the period during which these circumstances exist.

7.4. In the event of force majeure circumstances, the Party must immediately notify the other Party in writing about them. The notice shall contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the possibility of fulfilling obligations under this Agreement and the deadline for fulfilling obligations.

7.5. Upon termination of the above circumstances, the Party must immediately notify the other Party in writing. The notice must indicate the period in which it is supposed to fulfill the obligations under this Agreement. If a Party does not send or untimely send a notice, then it is obliged to compensate the other Party for the losses caused by failure to notify or untimely notification.

7.6. The Party shall, within a reasonable time, transfer to the other Party the opinion of the competent authority or organization on the existence of force majeure circumstances.

7.7. In cases of force majeure circumstances, the period for the Parties to fulfill their obligations under this Agreement is extended in proportion to the time during which such circumstances are in force.

7.8. In the event that force majeure circumstances continue to operate for more than a day, the Parties will negotiate as soon as possible in order to identify alternative ways of fulfilling this Agreement acceptable to both Parties and to reach an appropriate agreement. If such an agreement is not reached, the Parties unilaterally have the right to terminate the Agreement by notifying the other Party in writing at least one day in advance.

7.9. In the event of termination of the Agreement on this basis, none of the Parties has the right to demand from the other Party compensation for losses caused by the termination of the Agreement, with the exception of those related to untimely notification or failure to notify of the occurrence (and termination) of the above circumstances.

8. FINAL PROVISIONS OF THE AGREEMENT

8.1. Each of the Parties is obliged to maintain complete confidentiality with respect to any information relating to this Agreement.

8.2. The terms of this Agreement may be changed and supplemented only by mutual Agreement signed by both Parties.

8.3. Disputes arising during the validity period of this Agreement shall be resolved by mutual agreement of the Parties. If an agreement is not reached within days, disputes are considered in the Arbitration Court at the location of the Premises.

8.4. In cases not provided for by this Agreement, the Parties shall be guided by the legislation of the Russian Federation.

8.5. As of the date of signing by the parties of the Agreement, the following Annexes are its integral part:

8.5.1. Appendix No. 1; Plan indicating the location of the location of the attraction;

8.6. This Agreement is made in two copies, having equal legal force, one for each of the Parties.

9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Side 1

User Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

10. SIGNATURES OF THE PARTIES

Party 1 _________________

User _________________

Please note that the service agreement is drawn up and verified by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

In June 2018, amendments to SanPiN-134, approved by order of the Ministry of Construction of the Russian Federation of December 26, 2017 No. 1718/pr, came into force. The changes relate to the organization of places for the installation of telecommunications equipment in new buildings and in houses after overhaul. Let's talk about the main theses of the document and its significance for the MA.

Access to common property is given by the owners, not the MA

Despite this, disputes between telecommunications equipment owners and home-operating companies often end up in courtrooms. Telecom operators are trying to get access to the common property of apartment buildings through the courts in order to provide services to residents.

The Supreme Court of the Russian Federation, when considering such a case, noted that the organization managing an apartment building is not considered in these legal relations. Consequently, the MA cannot conclude agreements with telecom operators for the use of the common property of MKD without the consent of the general meeting of owners.

Thus, the Supreme Court of the Russian Federation gave the MA the right to deny access to providers. This, according to Internet companies, hinders the development of communication services and cable television.

Amendments to the Housing Code of the Russian Federation on simplified access to common property rejected

Changes to SanPiN on the organization of places for communication equipment

If there are technical conditions and access to equipment for its maintenance and repair, it is possible to place the communication infrastructure on the upper floors, roofs and other structural elements of the MKD. At the same time, the requirements for noise level, climatic conditions, fire safety standards (clause 8.2.2 SP-134) must be observed.

Note to management companies

The changes made to SP-134 by order of the Ministry of Construction of the Russian Federation are relevant for organizations that accept new buildings for management. Innovations do not apply to already operated houses until they are overhauled or reconstructed. In this case, the preparation of the infrastructure for the placement of modern communication equipment is included in the work project.

At the same time, managing organizations should remember that the common property of an MKD will include all elements of the engineering infrastructure created in accordance with SP-134: switchboards, meters, cables, cabinets, etc. The MA will be responsible for their maintenance and repair, which should be taken into account when determining service tariff.

At the same time, order No. 1718 / pr in no way changes the legal side of the issue: access to the common property of an MKD is still regulated by the Housing Code of the Russian Federation and is approved by the OSS in the house. The owners establish a fee under contracts for the use of the common property of MKD or decide on the installation of communication equipment free of charge.

The issue of admission of telecom operators to MKD is closely monitored by the Federal Antimonopoly Service. The provider's non-admission to the common property of the house is considered as a violation of the requirements of the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition".

The department brings management organizations to administrative responsibility for abuse of a dominant position under Part 1 of Art. 14.31 Administrative Code of the Russian Federation. The article provides for punishment for organizations in the form of a fine from 300,000 to 1,000,000 rubles.

Hold a general meeting of owners of premises in the MKD with the help of and set a fee for contracts for the use of the common property of the MKD or resolve the issue of installing communication equipment free of charge.