Offerta
PUBLIC SUBSCRIPTION CONTRACT
for providing information services on the terms of advance payment
It is approved by Order ¹35 of OOO BIMMACON General Director in October, 15th, 2009
and placed on server http://www.bimmacon.ru
OOO BIMMACON, hereinafter referred to as "the Executor", in the person of General Director Tsarapkin A.V., acting on the Charter basis, publishes the present Public Subscription Contract (the offer to conclude an agreement) for granting information services on provision of information-analytical materials on the terms of advance payment (further - Contract) for legal persons.
1. THE CONCLUSION OF THE CONTRACT (ACCEPTANCE)
1.1. The text of the present Contract is the public offer according to the Civil code of the Russian Federation, Articles 435 and 437.
1.2. The Contract is considered valid (offer is accepted) after the legal person finishes the registration procedure set out in Clause 2.1-2.2 of the Contract, from receipt of advance payment from the legal person (further – the Customer) on the settlement account of the Executor.
2. THE ORDER OF REGISTRATION
2.1. The acceptance of the offer is preceded with the registration procedure of the Customer. For this purpose it is necessary for the Customer to fill in Registration Form, which is exhibited on WWW server of the Executor or sent to the Customer by e-mail or by fax in case of their inquiry.
2.2. After receiving the registration form the Executor issues an invoice for the Customer for providing information-analytical materials the Customer subscribed to.
3. THE SUBJECT OF THE CONTRACT
3.1. The Customer entrusts and the Executor enters into obligations to provide the Customer with information-analytical materials. The Customer is to accept and to pay the given services in accordance with the terms of the present Contract.
3.2. Information-analytical materials are presented in the form of reviews of researches, hereinafter referred to as "Reviews", carried out by the Executor according to the declared purposes of research.
3.3. Terms of rendering services to the Customer and their work on Reviews are specified in the present Contract, the Price-list.
3.4. The Contract (on the terms of Offer), the Price-list are formal documents of the Executor and are exhibited on Web-unit of the Executor (http://www.bimmacon.com).
3.5. The Executor is the owner of copyright to Reviews provided for the Customer.
4. THE ORDER OF RENDERING SERVICES
4.1. The Executor starts providing information services by using post or e-mail address from receipt of advance payment from the Customer of 100 % of the services value specified in Clause 8.1 of the present Contract.
4.2. Reviews are sent to the Customer in the format (electronic, printed), specified by the Customer at registration in the following time:
4.2.1. If Reviews are ordered in printing they are sent within 10 working days of the date of receiving 100 % payment amount on the settlement account of the Executor. Information-analytical materials go to the mail address of the Customer, which was specified at registration, by using post and courier services with the notification of delivery.
4.2.2. If Reviews are ordered in electronic form and to be delivered by e-mail they are sent within 2 working days of the date of receiving 100 % payment amount on the settlement account of the Executor. Information-analytical materials go in a PDF-format to the e-mail address of the Customer, which was specified at registration, by using e-mail channels (Internet-network) with the notification of delivery.
4.2.3. If Reviews are ordered in electronic form and to be delivered on a CD-disk they are sent within 10 working days of the date of receiving 100 % payment amount on the settlement account of the Executor. Information-analytical materials in a PDF-format recorded on a CD-disk go to the mail address of the Customer, which was specified at registration, by using post and courier services with the notification of delivery.
4.5. The Date of rendering services under the present Contract is understood to be the Date of sending Reviews by the Executor to the address specified in Clause 4.2 of the present Contract.
5. THE RIGHTS AND OBLIGATIONS OF THE EXECUTOR
5.1. The Executor is obliged:
5.1.1. to carry out dispatch of Reviews to which the Customer subscribed by the time stipulated in Clause 4.2 of the present Contract.
5.1.2. after receiving the Customer’s Registration form to issue an invoice to the Customer for payment for the information-analytical materials specified in the Customer’s Registration form at the price quoted in the present Price-list.
5.2. The Executor has the right not to render services to the Customer if the Customer has not made 100 % advance payment of their value.
5.3.If the Customer transfers analytical materials to any third Party without written consent of the Executor , the Executor has the right to terminate rendering information services to the Customer without return of advance.
6. THE RIGHTS AND OBLIGATIONS OF THE CUSTOMER
6.1. The Customer is obliged:
6.1.1. to pay services of the Executor at the rate and within the time stipulated in Clause 8 of the present Contract;
6.1.2. not to transmit without written consent of the Executor the received information to any third Party according to Clause 9.1 of the present Contract;
6.1.3. in case of change of the mail or e-mail address for granting information service and written notices, contact phone numbers and faxes the Customer undertakes to inform the Executor about this by written notice before 10 days in case of mail delivery of Reviews and before 2 days in case of delivery of Reviews by e-mail before the planned date of the Contract execution by the Executor. Otherwise the information-analytical dispatch directed to the last known address of the Party is considered to be sent properly.
6.1.4. to direct within 5 days to the Executor the notice of non-receipt of information-analytical dispatch if the materials fail to be delivered to the Customer by mail within 20 days and by e-mail within 2 days from the last day of dispatch of Reviews by the Executor. If such notice is not received by the Executor in the specified time from the moment Review is dispatched, the service rendered by the Executor is considered to be provided in time.
6.2. The Customer has the right to make a claim on the Executor in connection with non-fulfilment or improper fulfilment of the obligations to render services.
7. DATES AND REASONS FOR THE TERMINATION OF THE CONTRACT
7.1. The Contract is operative as from the moment of its conclusion (the acceptance of the offer) and will be valid provided that the parties fulfil their obligations made.
7.2. The Contract can be canceled before the expiration of the period of its duration if one of the Parties does not fulfil the obligations under the present Contract.
7.3. Cancellation of the Contract does not release the parties from their responsibility and any compensation for damages as a result of non-fulfilment or improper fulfilment of the obligations by the Parties under the present Contract.
7.4. The Contract can be amended or added with the consent of the Parties. Any amendments and/or addenda are valid only on condition of being made in a written form and signed by both Parties.
8. COST OF SERVICES AND PROCEDURE OF PAYMENTS
8.1. Cost of services on granting information-analytical materials is quoted on the basis of the Price-list of the Executor. The Executor issues to the Customer an invoice to pay the information services.
8.2. The Customer undertakes to make the advance payment at the rate of 100 % of the services value specified in Clause 8.1 of the present Contract within 5 (five) working days from the date of invoicing.
8.3. In section "Purpose of payment" the Customer is to write in all payment documents: “as acceptance of the Contract on information services” and number the account of the Executor.
8.4. Acceptance of rendered services is made out by the record of Acceptance report of services. The signed Acceptance report and the invoice are sent by the Executor with information-analytical materials. If information-analytical materials are sent by e-mail the Acceptance report and the invoice are sent by the Executor by registered mail within 5 working days from the date of dispatch of materials. If the Customer within 5 working days after receipt does not sign the Acceptance report, the Acceptance report is considered to be signed by the Customer.
9. USE OF MATERIALS
9.1. The Customer is the end user of Reviews and is not entitled to provide any third Party with the Reviews of the Executor unless a separate agreement with the Executor is made. The Customer undertakes not to make multiple copies of Reviews in any way, and not to deliver, not to sell, not to exchange and not to transmit Reviews in any different way, in part or in full, and also the interpretation of their text or its semantic meaning to mass media, to any individuals and legal persons, not to use the Reviews in full or in part for creation of databases or archives.
9.2. The information received as a result of rendered services by the Executor can be protected by copyright. The Customer will be liable for copying, transferring and other manipulations with the information protected by the copyright or legislation.
10. THE LIABILITY OF THE PARTIES
10.1. The parties are liable for infringement of obligations under the present Contract in conformity with the current legislation of the Russian Federation.
10.2. If the Customer without written consent of the Executor transmits analytical materials to any third Party, the Customer undertakes to pay the fine to the Executor in the tenfold size of the value of analytical materials, and also to reimburse the damages caused to the Executor if the sum of the fine does not cover the sum of the loss.
11. FORCE MAJEURE
11.1. The parties will be released from their responsibility for complete or partial non-execution of their liabilities under the present Contract should this non-execution be caused by the circumstances of force majeure, which have arisen after the conclusion of the present Contract as a result of events of extreme character, which parties could neither expect, nor prevent by reasonable measures.
11.2. The Party which is unable to fulfil its obligations under the present Contract under the specified in Clause11.1 circumstances is to inform of this the other Party in writing within five days.
11.3. Non-notification or delayed notification by the Party which is unable to fulfil its obligations under the present Contract of the occurrence of circumstances of force majeure entails forfeit of the right to refer to these circumstances. Thus the term to fulfil the corresponding contractual obligations by this Party will be extended for the period of occurrence of force majeure circumstances. The delayed notification of occurrence of force majeure circumstances deprives this Party of the right to refer to such circumstances as force majeure circumstances. Should the duration of force majeure circumstances exceed 30 (thirty) days and it is impossible to define precisely the date of cessation of the above circumstances, each Party has the right to refuse from further fulfilment of the Contract.
12. FINAL PROVISIONS
12.1. All disputes and disagreements which may arise in connection with fulfilment of the present Contract are settled by negotiations. In case of the parties being unable to arrive at an agreement, all disputes are to be submitted to Moscow Arbitration Court.
12.2. The Executor on a written request of the Customer grants him the stamped written form of the Contract.
13. LEGAL ADDRESS OF THE EXECUTOR
OOO BIMMACON
Telephone/Fax: +7 (495) 937-8374
Address in the Internet: http://www.bimmacon.ru
e-mail: 
Address: 3, Smolenskaya ploshchad, Moscow, 121099, Russia
INN 7726329743, KPP 772601001
acc. 40702810300040001105 in JSC BANK OF MOSCOW, Moscow
corr. acc. 30101810500000000219 BIK 044525219
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