Service contract for autonomous institutions (223-FZ)

CONTRACT No. ________ for communication services

______________________________________________________________, hereinafter referred to as the "Customer", on whose behalf ____________________ __________________________________ acts on the basis of ____________, on the one hand, and Limited Liability Company "Scan-City" (ООО "Скан-Сити") (commercial designation - BRAVO Telecom), hereinafter referred to as the "Contractor", represented by General Director Alexey Nikolaevich Tsykun, acting on the basis of the Charter and Roskomnadzor licenses No. Л030-00114-77/00644525, No. Л030-00114-77/00644527 (valid until 22.03.2028), on the other hand, hereinafter jointly referred to as the "Parties", on the basis of Federal Law No. 223-FZ of 18.07.2011 "On Procurement of Goods, Works and Services by Certain Types of Legal Entities" and the Customer's Procurement Regulations, have concluded this Contract as follows:

1. SUBJECT OF THE CONTRACT

1.1. The Customer instructs, and the Contractor undertakes, to provide communication services to the Customer in the manner and on the terms provided for by this Contract, according to the Specification (Annex No. 1 to the Contract). The Customer undertakes to ensure proper payment for the services provided in the manner and on the terms provided for by this Contract.

1.2. The name and characteristics of the services, the unit of measurement, the quantities, the unit cost and the total cost of the services are set out in the Specification (Annex No. 1).

1.3. The services are provided to support the activities of the Customer at the connection address specified in the Specification.

1.4. This Contract enters into force on the date of its signing, applies to the relations of the Parties that arose from "___" __________ 20__, and is valid until "31" December 20__.

1.5. The expiry of the Contract does not release the Parties from performing their obligations under this Contract.

1.6. This Contract, together with the Rules for Communication Services of BRAVO Telecom (hereinafter - the Rules; posted on the Contractor's website in the "Documents" section: https://bravotele.com/dokumenty/), determines the relations of the Parties when the Contractor provides communication services to the Customer according to Annex No. 1. In case of discrepancy between the Contract and the Rules, the Contract applies.

1.7. Terms used in this Contract have the meaning defined in the Rules. The terms "Contractor", "Customer" and "Specification" in this Contract correspond to the terms "Operator", "Subscriber" and "Connection Application" in the Rules.

2. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE

2.1. The price of the Contract is ______________ (____________________________________) rubles ___ kopecks. Not subject to VAT (the Contractor applies the simplified taxation system).

2.2. The price of the Contract is fixed and is determined for the entire term of performance of the Contract, except for the cases provided for by clause 8.1 of this Contract.

2.3. Source of financing: ______________________________________.

2.4. No advance payment is provided for, except for the services for December: they are paid in advance in the amount of 100 % of the monthly cost on the basis of the Contractor's invoice issued no later than 10 December, no later than 20 December.

2.5. The services are paid monthly on the basis of the Contractor's invoice and the act of services rendered signed by the Parties (universal transfer document, hereinafter - UPD).

2.6. Settlements are made at the tariff specified in the Specification (Annex No. 1). The tariff does not change during the term of the Contract.

2.7. The price of the service includes the Contractor's expenses directly or indirectly related to the performance of obligations under this Contract.

2.8. The Customer pays for the services provided by transferring money to the Contractor's settlement account no later than 7 working days from the date the Customer signs the act of services rendered (UPD) (Part 5.3 of Article 3 of Federal Law No. 223-FZ of 18.07.2011).

2.9. The date of payment is the date the money is debited from the Customer's account.

2.10. Only services actually provided are subject to payment. The advance payment for December is credited towards payment for the December services under the act (UPD); if the December services were provided for a smaller amount, the difference is returned to the Customer within 10 working days from the date of signing the act (UPD) for December.

2.11. Invoices, acts (UPD) and reconciliation statements are sent to the Customer via the electronic document exchange system or to the email address specified in the Specification.

3. TERMS AND PROCEDURE FOR PROVIDING THE SERVICES

3.1. The Contractor must provide the services in the manner and on the terms provided for by this Contract, according to the Specification (Annex No. 1 to the Contract).

3.2. The Contractor is responsible for the quality of the services provided and ensures that they meet the requirements established by the laws of the Russian Federation in the field of communications and the terms of the Contractor's licenses. The technical quality indicators of the services, technical standards and time limits for eliminating faults are set by the Rules and the Technical Conditions of the Contractor (posted on the Contractor's website in the "Documents" section).

3.3. The name of the ordered services, the connection address, the tariff, the technical parameters, the personal account and the access credentials are specified in the Specification (Annex No. 1). A change in the set of services is formalized by an additional agreement of the Parties.

3.4. The services are provided 24 hours a day, except for scheduled technical interruptions (no more than 24 hours per month, with notice to the Customer no later than 24 hours in advance) and the time of emergency repairs.

3.5. Conditions for providing the services: the Customer's premises are within the service area of the Contractor's network; the Customer has working equipment that meets the established requirements.

3.6. The reporting period is a calendar month. No later than 5 working days after the end of the month, the Contractor sends the Customer the act of services rendered (UPD) and the invoice.

3.7. Failure to submit (late submission of) the documents specified in clause 3.6 does not constitute non-provision of the services; in this case the Customer has the right to demand that the Contractor submit them, and the payment deadline is counted from the date of signing the act (UPD).

3.8. Acceptance of the services provided in terms of quantity and quality is carried out by the acceptance commission (responsible person) of the Customer monthly, within 3 working days from the date of receipt of the act (UPD). During acceptance, the conformity of the services provided with the terms of the Contract is established. The result of acceptance is formalized by signing the act (UPD).

3.9. If during acceptance it is found that the services provided do not conform to the procedure and terms provided for by this Contract, the Customer issues a reasoned refusal to accept the services. In this case the Customer and the Contractor draw up, on the basis of the Customer's comments, a bilateral act listing the actions the Contractor must take to remedy the comments and the time limits for them.

3.10. A Customer who, after acceptance, discovers deviations from the terms of this Contract or other defects that could not be identified during acceptance (hidden defects) must notify the Contractor within 5 working days after discovering them.

3.11. The Contractor's obligations to provide the services are deemed fulfilled when the Customer signs the reporting documents in accordance with the terms of this Contract.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor must:

4.1.1. Ensure the provision of services of proper quality to the Customer, in the volume and within the time limits in accordance with the terms of this Contract and taking into account the technical standards and requirements defined by regulatory legal acts in the field of communications.

4.1.2. Observe the secrecy of communications and keep confidential the information received from the Customer in the course of providing the services.

4.1.3. Provide timely and reliable information on the progress of performing its obligations, including on difficulties arising in the performance of the Contract, and submit the reporting documents to the Customer within the time limit set by the Contract.

4.1.4. The Contractor's obligations to perform the Contract are deemed fulfilled from the moment the Customer signs the documents on acceptance of the services provided.

4.1.5. Notify the Customer of changes to the Rules at least 10 days before they take effect - on the Contractor's website and by email.

4.1.6. Within the time limits agreed with the Customer, eliminate the identified defects free of charge on the terms provided for by this Contract.

4.1.7. Accept the Customer's requests 24 hours a day at the number specified in the Specification (Annex No. 1).

4.2. The Contractor has the right:

4.2.1. To demand that the Customer sign the act (UPD) on time in accordance with the terms of this Contract on the basis of the reporting documents submitted by the Contractor.

4.2.2. To demand timely payment for the services provided in accordance with the terms of this Contract.

4.3. The Customer must:

4.3.1. Monitor the performance by the Contractor of its obligations.

4.3.2. Check the conformity of the services provided with the terms of the Contract; for the check, the Customer has the right to engage experts and expert organizations.

4.3.3. Accept and pay for the services provided on time and properly, in accordance with the terms of this Contract.

4.3.4. Sign the act (UPD), if there are no comments, within 3 working days from the moment of its receipt.

4.3.5. Inform the Contractor in writing of defects discovered during acceptance of the services within 2 working days after discovering such defects.

4.3.6. Comply with the provisions of this Contract and the Rules, including:

• within 15 days from the day the Contract is concluded, give the Contractor a list of persons using the Customer's equipment (users): surnames, first names, patronymics, dates of birth, details of identity documents - and report changes in this list within the same period (clause 35(z) of the Rules for Rendering Telematic Communication Services, approved by Resolution of the Government of the Russian Federation No. 2607 of 31.12.2021); the Customer ensures that these persons are notified that their data are transferred to the Contractor;
• notify the Contractor of changes to its name, address, details, head, contact details, and also of the termination of its right to use the premises - within the time limit set by clause 10.2;
• provide access for the Contractor's employees to the premises for connection and repairs at an agreed time;
• not use the services for activities prohibited by law, including sending spam, network attacks and distributing malicious software.

4.4. The Customer has the right:

4.4.1. To demand that the Contractor properly perform its obligations in accordance with this Contract, and to demand timely elimination of the identified defects.

4.4.2. To receive reliable and complete information about the Contractor's services.

4.4.3. To file claims with the Contractor regarding the quality and volume of the services in the manner and within the time limits provided for by Article 55 of Federal Law "On Communications".

4.4.4. To demand that the Contractor submit, on time and properly executed, documents confirming the performance of obligations in accordance with the terms of this Contract and Annex No. 1.

5. GUARANTEES

5.1. The Contractor guarantees that it has the necessary rights and capabilities in respect of the services provided.

6. LIABILITY OF THE PARTIES

6.1. For non-performance or improper performance of their obligations under this Contract, the Parties are liable in accordance with this Contract and the current laws of the Russian Federation.

6.2. In case of delay by the Contractor in performing its obligations, a penalty is charged for each day of delay in performing the obligation provided for by the Contract, starting from the day following the day of expiry of the time limit for performing the obligation set by the Contract, in the amount of 1/300 of the key rate of the Central Bank of the Russian Federation in effect on the date of payment of the penalty, of the cost of the services for the reporting month in which the delay occurred.

6.3. In case of delay by the Customer in performing the obligations provided for by the Contract, a penalty is charged for each day of delay in performing the obligation, starting from the day following the day of expiry of the time limit for performing the obligation set by the Contract, in the amount of 1/300 of the key rate of the Central Bank of the Russian Federation in effect on the date of payment of the penalty, of the amount not paid on time.

6.4. The total amount of the penalty charged may not exceed the price of the Contract.

6.5. The time for considering letters, notices or demands may not exceed 5 working days from the moment of their receipt; claims regarding the quality of communication services are considered in the manner set by Article 55 of Federal Law "On Communications". Correspondence between the Parties may be conducted by letter, by email or via the electronic document exchange system.

6.6. The Parties must pay the established forfeits (penalties) and compensate for the losses caused by their actions within 10 banking days from the moment of receipt of the demand.

6.7. Payment of forfeits (penalties) does not release the Parties from performing their obligations under the Contract, just as performance of obligations under the Contract does not release them from payment of forfeits (penalties).

6.8. All disputes arising between the Parties under this Contract or in connection with it are resolved through negotiations. If disputes cannot be resolved through negotiations, they are subject to consideration by the Arbitration Court of Khabarovsk Territory.

6.9. A Party is released from paying a forfeit (penalty) if it proves that the non-performance or improper performance of the obligation provided for by the Contract occurred due to force majeure or through the fault of the other Party.

6.10. The Contractor is not liable for poor quality of the services caused by a fault or the settings of the Customer's equipment, damage to the wiring in the Customer's premises or a power outage there, the operation of networks of other communications operators and websites outside the Contractor's network, or restriction of access required by law.

6.11. The tariff sets the maximum access speed. The Contractor is not responsible for the speed and quality of connection to resources of other communications operators, does not control information on the Internet and is not liable for losses related to the Customer's activities on the Internet.

6.12. The Contractor is liable to the Customer for non-provision or improper provision of communication services in the cases and in the manner provided for by Federal Law "On Communications", the Rules for Rendering Telematic Communication Services (approved by Resolution of the Government of the Russian Federation No. 2607 of 31.12.2021) and the Rules for Rendering Data Transmission Communication Services (approved by Resolution of the Government of the Russian Federation No. 2606 of 31.12.2021).

7. FORCE MAJEURE

7.1. The Parties are released from liability for full or partial non-performance of obligations in the event of force majeure circumstances, namely fire, flood, earthquake and others, if these circumstances affected the performance of obligations under this Contract.

7.2. The Parties notify each other of the occurrence of force majeure circumstances within 5 working days in writing or by email.

8. AMENDMENT AND TERMINATION OF THE CONTRACT

8.1. The terms of the Contract may be changed by agreement of the Parties in the cases and in the manner provided for by the Customer's Procurement Regulations and the laws of the Russian Federation; the change is formalized by an additional agreement.

8.2. Termination of the Contract is allowed by agreement of the Parties, by a court decision or in connection with a unilateral refusal of a Party to perform the Contract in accordance with the civil legislation of the Russian Federation.

8.3. The Customer has the right to demand termination of the Contract in case of non-performance (improper performance) by the Contractor of the terms of the Contract, including in the following cases:

• an interruption in the provision of services through the fault of the Contractor for more than 7 calendar days in a row;
• a delay in eliminating defects within the time limits set by the Customer by more than 5 working days;
• liquidation of the Contractor, or a decision of an arbitration court declaring the Contractor bankrupt and opening bankruptcy proceedings;
• suspension of the Contractor's activities in the manner provided for by the Code of Administrative Offences of the Russian Federation.

8.4. The Customer has the right to decide on a unilateral refusal to perform the Contract on the grounds provided for by the Civil Code of the Russian Federation for unilateral refusal to perform certain types of obligations.

9. ANTI-CORRUPTION CLAUSE

9.1. When performing the terms of this Contract, the Parties undertake to ensure compliance with the requirements of Federal Law No. 273-FZ of 25.12.2008 "On Combating Corruption" and other regulatory legal acts of the Russian Federation in the field of combating corruption.

10. OTHER TERMS

10.1. This Contract is drawn up in 2 identical copies having equal legal force, one for each of the Parties, or in the form of an electronic document signed with enhanced qualified electronic signatures of the Parties via the electronic document exchange system.

10.2. The Parties must inform each other of changes to their name, legal form, head, postal addresses, bank details, phone numbers and email addresses, and the Customer - also of the termination of its right to use the premises, within 5 working days from the day of such changes.

10.3. The Parties undertake not to disclose information relating to the terms of this Contract, except in cases provided for by law.

10.4. Obligations relating to confidentiality are valid during the term of this Contract and for 3 years after its expiry.

10.5. Matters not regulated by this Contract are governed by the current laws of the Russian Federation.

10.6. This Contract, the Specification (Annex No. 1) and the Rules together constitute the agreement of the Parties regarding the services provided to the Customer.

10.7. The Contractor processes the personal data of the Customer's representatives and users on the basis of clauses 2 and 5 of Part 1 of Article 6 of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" - to conclude and perform the Contract and to perform the obligations of a communications operator established by law; the consent of these persons to such processing is not required. The Contractor's Personal Data Processing Policy is posted on the website: https://bravotele.com/dokumenty/politika-pdn/.

11. ANNEXES

Annex No. 1 - Specification, 1 copy on 1 sheet - is an integral part of this Contract.

12. ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Contractor

SIGNATURES

CONFIDENTIAL

Annex No. 1 to Contract No. ________ of "___" __________ 20__

SPECIFICATION of BRAVO Telecom communication services

YOUR NETWORK ACCESS

Keep this sheet and do not show it to anyone else.

1. Documents every month. We send the act (UPD) and the invoice via EDI (electronic document exchange) no later than 5 working days after the end of the month (clause 3.6 of the Contract).
2. Acceptance and payment. The UPD is signed within 3 working days; payment - no later than 7 working days from the date of signing the UPD (clauses 2.8 and 3.8 of the Contract).
3. December - in advance. The services for December are paid under the invoice that we issue by 10 December; the payment deadline is 20 December (clause 2.4 of the Contract).

24-hour support number: __________________ · general phone 8-800-551-00-95 · requests: b2b (at) bravotele.com and the Customer Account · accounting: buh (at) bravotele.com. Change the temporary password when you first log in to the Customer Account. Tell the code word only to the operator on the phone.

Customer

Connection point

Term of the services: from ___.___.20__ to 31.12.20__. The fee is charged from the date of the first activation - the first activation of the service on the personal account.