Contract of advertisement (presentational) services

Contract of advertisement (presentational) services

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Contract of advertisement (presentational) services
CONTRACT
OF ADVERTISEMENT(PRESENTATIONAL) SERVICES
№P_____

Cape Town

I (Me) ___________________________________________________, hereinafter referred to as Customer, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as Performer, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, as the other party and together «the PARTIES» concluded the following Contract Of Advertising Services (hereinafter — the Contract):


1. THE CONTRACT SUBJECT

1.1. The customer commits, and the Performer undertakes liability to render the organization and transportation support service assistance according to the Requirement Specification Annex № 1 to this present Contract, being its integral part.
1.2. Terms (steps) of service execution are defined in the Requirement Specification (Annex № 1 to this present Contract).
2. PARTIES OBLIGATIONS 2.1. The Customer must: 2.1.1. pay for services rendered by the Performer according to conditions of the Contract; 2.1.2. provide necessary information and the primary documentation for treaty provisions performance to the Performer in time; 2.1.3. treaty provisions performance by corresponding power of attorney delivery and-or authority granting. 2.1.4. Not later than within 7 (seven) days from the date of receipt of the white copy of the Contract and / or Annexes thereto from the Performer, in the absence of disagreements, they shall be signed and one copy of signed documents shall be returned to the Performer 2.2. The Performer must: 2.2.1. render service according to the Requirement Specification (Annex № 1 of this present Contract); 2.2.2. apply lawful and objective methods and means while service rendering; 2.2.3. render full service, in order and in terms defined in the Contract and Requirement Specification (Annex № 1 of this present Contract)
2.2. The Performer must:
a) render service according to the Requirement Specification (Annex № 1 of this present Contract);
b) apply lawful and objective methods and means while service rendering;
c) render full service, in order and in terms defined in the Contract and Requirement Specification (Annex № 1 of this present Contract)
3. SERVICE PROCEDURE

3.1. Service rendering is fulfilled by the Performer according to the Customer’ Requirement Specification (Annex №1 of this present Contract).
3.2. Under the Contract the Performer has right to involve the third parties for service rendering, but observing the Contract conditions of a trade secret (the confidential information), coordinated with the Customer.
3.3. If the Customer does not direct the signed certificate or the reasoned objection to the Performer within 3 (three) working days from the date of executed works certificate reception, then rendered services are considered to be accepted.
3.4. The Customer volume and quality of the rendered services objections should be proved and contain strict references to service discrepancy opposed to the requirements specified in the Requirement Specification (Annex № 1 of this present Contract). The Parties are obliged to coordinate conditions of the given claim elimination immediately.
3.5. The Contract services not specified in the Requirement Specification (Annex № 1 of this present Contract), are drawn as an additional agreement.
4. SERVICE COST AND SETTLEMENT PROCEDURE

4.1. Rendered services cost and form of payment are defined by the Parties in the Report of services cost coordination (Annex № 2 to the Contract), being an integral part of this present Contract.
4.2. The Customer services payment is carried out by entering an advance payment at a rate of 100% of services cost under the Contract on the Performer account or by giving money to the Performer cash department.
5. PRIVACY

5.1. The Performer undertakes not to use the information received within the limits of the Contract, causing any direct or indirect damage to the Customer or for any advantages and benefits reception during validity of the Contract.
5.2. The information carried by valid legislation to an opened category and its disclosure is made a duty to the Customer, does not concerned to be confidential.
5.3. The Parties are responsible for losses incurred from confidential information disclosure according to the current legislation of the Russian Federation.
6. FORCE-MAJEUR

6.1. None of the Parties is responsible for full or partial default of any obligations, if default is the consequence of circumstances of the force majeur character which is being out of the Parties’ control, arisen after the Contract conclusion.
6.2. Force majeur circumstances occurrence that are considered as complicating for this present Contract execution such as military actions, acts of nature, epidemics, prohibitive certificates of the state bodies, judicial certificates, fires, earthquakes and flooding.
6.3. The Performer shall have the right to suspend the fulfilment of obligations under this Contract until the corresponding violations are eliminated in the following cases:

6.3.1. in case of signing of the Contract with the Statement of Disagreements by the Customer without prior harmonization of these disagreements with the Performer

6.3.2. In case of DEBTOR breach of the Contract and/or Annexes thereto, provided for in par. 2.1.4 of the Contract. 6.3.3. In case of Customer breach of the procedure for signing the Contract and/or Annexes thereto, provided for in par. 9.10. of the Con-tract.

7. EARLY CONTRACT TERMINATION

7.1. The Customer may initiate the Contract termination if:
7.1.1. the confidential information is revealed by the Performer;
7.1.2. other cases stipulated by the current legislation of the Russian Federation occur.
7.2. The Performer may initiate the Contract termination if:
7.2.1. the Customer failed to cover the service expenses;
7.2.2. the Customer did not provide the Performer with the information necessary for the Contract obligations implementation;
7.2.3. there are conditions made by the Customer that make it impossible for the Performer to fulfill the Contract obligations;
7.2.4. other cases stipulated by the current legislation of the Russian Federation occur.
7.3. The party initiating the Contract termination, is obliged to notify the other party of the services rendering discharge not less than 5 (five) working days before the probable date of termination.
7.4. From the moment the Party receives the Contract termination notice, the Performer has no right to continue service rendering under the Contract, and the Customer has not the right to demand its continuation. In this case the Performer prepares statement of work and actions, and calculates a compensation due to its actually rendered services. Based on the Report of the Party given by the Performer the Parties define cost of the rendered services and make final settlement within 5 (five) working days after signing the corresponding document fixing the Contract termination and defining cost of rendered services.

8. DISPUTES RESOLUTION ORDER

8.1. The Parties came to an agreement that all disputes between them in the pre-trial order will be resolved through negotiations in compli-ance with the claim procedure.
8.2. If the claim is received, the Party is obliged to review it and forward the response to the claiming party within twenty (20) busi-ness days from the date of receipt of the claim. If the claim is left without consideration (no reply has been received), as well as in case of refusal of its satisfaction (full or partial), the Party submitting the claim, starting from the twenty-first (21) business day from the date of receipt of the claim by the other Party, has the right to refer the dispute to the court in accordance with paragraph 8.3 of this Agreement.
8.3. Any arguments appearing or that might appear upon the pre-sent Contract (specific legal relation) between the PARTIES also connected with its conclusion, execution (non-execution or incorrect execution), alteration, abrogation, ineffectiveness (fully or partly) shall be resolved by arbitration administered by the Arbitration Center at the autonomous non-profit organization "Institute of Con-temporary Arbitration" in accordance with the provisions of the Arbitration Rules.
10. ADDRESSES AND SIGNATURES OF THE PARTIES
PERFORMER
ALPA CONSULTING (PTY) Ltd
Reg. nr: 2017/499886/ 07
Address: No.1Bridgeway Century City, CAPE TOWN, R.S.A. 7446
Tel: +27(0)21 830-5465
Tel: +27(0)83 394 0870
E-mail: time@alpa-consulting.com

Branch in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
Postal address: Postnet Suite 1027, Private Bag X2, CENTURY CITY, R.S.A. 7446  
General manager
____________________________________________ Adio A.
L.S.
CUSTOMER
Full name: ______________________
Nationality: _____________________
Date of birth: ___________________
Place of birth: ___________________
Residence: ______________________
Tel/Fax: _______________________
E-mail: _______________________
ID (name, series, number, delivery date, issued by, other info): ______________________

______________________________________Full name


ANNEX № 1
to the Contract of Advertising (presentational service)

dd «__» _____ 20__ №P_____

REQUIREMENT SPECIFICATION №1
Cape Town «__» _____ 20__


1. Work purpose under the Requirement specification:
1.1. Assignment character (services rendering): advertising (presentation) support of system of club vacation (timeshare) membership property transfer (sale, assignment) or the Customer real estate transfer of for the certain periods of time (servitude), representation of the Customer interests in public authorities, commercial and noncommercial organizations, connected with membership property transfer  or the Customer real estate transfer for the certain periods of time (servitude).
1.2. The received results, data, information, etc. for personal needs of the Customer, is not the purpose of service rendering to the Customer under the Contract. The Performer services are rendered to carry out the Customer’s business activity only.
1.3. The list of ordered services within the bounds of the assignment coordinated character (service rendering):
— the owner real estate property presentation on Internet.
1. Work purpose under the Requirement specification:

1.1. Assignment character (services rendering): advertising (presenta-tion) support of system of club vacation (timeshare) membership prop-erty transfer or the Customer real estate transfer of for the certain peri-ods of time (servitude), representation of the Customer interests in public authorities, commercial and noncommercial organizations, con-nected with membership property transfer or the Customer real estate transfer for the certain periods of time (servitude).
9. OTHER CONDITIONS

9.1. Rights to use the results of work under this present Contract in any form belong to the Customer, the Performer work results can be transferred to the third party only in coordination with the Customer.
9.2. The Contract is considered to be concluded and becomes valid from the moment of signing by both Parties, and also operates before the Parties full obligations execution under the Contract. Regarding not executed obligations the Contract continues operating before full and appropriate obligations execution by the Parties even in case of its termination.
9.3.  The Customer enters the Contract not aiming to use the received results, data, the information, etc. for personal, family, house needs. Within the limits of the Contract the Customer fulfills business activi-ty only.
9.4. The Parties assure that according to Clause 3 of Article 428 of the Civil Code of the Russian Federation they are not placed in a position significantly hampering the coordination of other content of certain provisions of this Agreement, since they are in equal negotiating capacities, the terms of this Agreement have been determined by both sides, the equality of negotiating capabilities is clear. The terms and conditions of this Agreement are not defined by the Parties in the form sheets or other standard forms. The Parties have the right to make any changes in this Agreement upon the agreement of such modifications with the opposite Party. This Agreement is not a kind of deed of accession.
9.5. The Parties assure that this transaction is not a mock or an artificial deal it has no violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another. The Performer has no guarantee for the Customer of property transfer (sale, assignment) to the third parties of membership in system of club vacation (timeshare) owned by the Customer.
9.6. The Customer has no right to give its rights under the Contract to any third parties without the Performer written approval.
9.7. Any other cases not mentioned in the Contract, the Parties are guided by norms and positions of the current legislation of the Russian Federation.
9.8. When signing this Agreement, each  page thereof  shall be  subject to  requisite handwritten signature.
9.9. To the extent not regulated by this Agreement the relations between the Parties should be regulated by material and processual law of the Russian Federation.
9.10. If any inconsistency in text in different languages of this Agreement is present, it should be ruled by the Russian language version.
9.11. This present Contract is made in two original copies, one for each party, each having an identical validity.
9.12. All the Annexs to the Contract are being its integral part.

1.2. The received results, data, information, etc. for personal needs of the Customer, is not the purpose of service rendering to the Customer under the Contract. The Performer services are rendered to carry out the Customer’s business activity only.
1.3. Unless otherwise specified in this Agreement and the Commission Agreement, the Customer carries out business activities.
1.4. The list of ordered services within the bounds of the assignment coordinated character (service rendering):
— the owner real estate property presentation on Internet.
2. Terms of service rendering:
Starting date: _____  __th 20__
Ending date: _____  __th 20__

3. This Requirement Specification is being an integral part of the Con-tract on transportation support service assistance.

PERFORMER
General manager
____________________________________________ Akenzua A.
L.S.
CUSTOMER
______________________________________________________ FIO


ANNEX №2

to the Contract of Advertisement (presentational) service

dd «__» _____ 20__ №P_____

SERVICE RENDERING TIME SCHEDULE

Cape Town
1. The customer pays services cost under the Contract on the basis of following arrangements.
2. The Performer actual obligations execution is considered to be actual results of services rendering organization and transportation support, taken up according to the Requirement Specification, being an integral part of the Contract.
3. Service cost for advertisement (presentational) service according to the assignment (service rendering) character according to the Require-ment Specification (Annex № 1 to the Contract) makes 00 000 (amount in word) rubles 00 kopecks, including  VAT, that makes 00 0000 rubles 00 kopecks.
4. The Performer’s service cost makes the Customer enter 100% advanced payment at a rate of the Contract cost of service on the Performer’s account or giving money to the Performer’s cash department.
5. The Performer organizational-technical character expenses enter into the size of services payment for the organization and transportation support assistance under the Requirement Specification (the Annex № 1 to the Contract) and are not allocated separately.
6. All obligatory payments, such as State Taxes, registration fees, are carried out by the Customer independently at its own expense on the basis of the documents prepared by the Performer and the instructions given.
8. This Report of service cost coordination is an integral part of the Contract of Advertisement (presentational) services rendering.

PERFORMER
General manager
____________________________________________ Panchariya M.
L.S.
CUSTOMER
_______________________________________________ FIO
STATEMENT
of acceptance receipt and advertising (presentational) support service of the Certificate (document) exhibition confirming the system of club vacation (timeshare) membership

Cape Town

I (Me) ___________________________________________________, hereinafter referred to as Customer, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as Customer, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, and together «the PARTIES» concluded this Statement of acceptance receipt and advertising (presentational) support service for the Certificate (document) confirming the system of club vacation (timeshare) membership (hereinafter — the Statement) to the Contract of Advertisement (presentational) service dd «__»  _____ 20__ №P_____ (hereinafter — the Contract) as follows:

1) The Customer transferred the Agent accepted the Certificate (docu-ment) for advertising (presentational) service support confirming (choose one mentioned below):
— system of club vacation (timeshare) membership
— real estate Customer property rights, transferred to the third parties for temporary use (servitude)
hereinafter — certificate (document).
2) This Statement confirms that the Customer exhibited the Customer’s Certificate (document) for the advertisement (presentational) sup-port service.

PERFORMER
General manager
____________________________________________ Akenzua A.
L.S.
CUSTOMER
______________________________________________________ FIO
ANNEX № 3
to the Contract of Advertisement (presentational) service

dd «__» _____ 20__ №P_____

SERVICE RENDERING TIME SCHEDULE

Cape Town

I (Me) ___________________________________________________, hereinafter referred to as Customer, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as Customer, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, and together «the PARTIES» concluded this Service rendering Time-schedule (hereinafter — time-schedule) to the Contract of Advertisement (presentational) service dd «__» _____ 20__ №P_____ (hereinafter — the Contract) as follows:

1. Services to execute under the Contract:
1.1. The owner real estate property presentation on Internet:
1.1.1. service Rendering Terms: «__» ____ 20__— «__» ____ 20__
1.1.2. the Performer mark (signature) of services rendering:
________________________________________________________
1.1.3. the Customer mark (signature) confirming services rendering:

_________________________________________________________
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