Public offer agreement for the provision of services in terms of organizing the certification and declaration of the company's products (representing the interests of the Customer before legal entities that carry out certification and declaration of products, conducting negotiations, signing relevant agreements, submitting applications for registration of declarations of conformity, other documents, submitting additional documents to authorized bodies);

- organization of product testing work;

- informing the "CUSTOMER" about changes in the rules and procedures for certification and declaration, requirements of standards

offered under the terms of a public offer in accordance with Article 407, Part 2 of the Civil Code of the Republic of Belarus

 

This Public Agreement for the Provision of Services (hereinafter referred to as the "Agreement") is an Agreement of Adhesion and determines the procedure for the provision by the  "PROMERY" LTD (hereinafter referred to as the "Contractor"), represented by the director Denis Valerievich Obodovsky , acting on the basis of the Charter, of paid services to individuals, sole proprietors and legal entities (their employees) (hereinafter referred to as the "Customers" or "Customer") who have accepted the public offer (offer) to conclude the Agreement, as well as the mutual rights, obligations and procedure for relations between the Contractor and the Customer (hereinafter referred to as the "Parties", and each individually as a "Party")

 

1. SUBJECT OF THE AGREEMENT

 

1.1. “CONTRACTOR”, in accordance with the Applications of the “CUSTOMER”, will undertake the execution of the following works:

- organization of work on certification and declaration of the company's products ( representation of the Customer's interests before legal entities carrying out certification and declaration of products, conducting negotiations, signing relevant agreements, filing applications for registration of declarations of conformity, other documents, submitting additional documents to authorized bodies);

- organization of product testing work;

- informing the "CUSTOMER" about changes in the rules and procedures for certification and declaration, requirements of standards

1.2. The content and cost of works/services are agreed upon and negotiated by the “CUSTOMER” and the “CONTRACTOR” in addition to this Agreement for each type of work separately by correspondence carried out from the e-mail address info@promery.ltd .

1.3. The term and schedule for the provision of works/services (the schedule of Events) under the Agreement shall be determined by the Contractor unilaterally. The Contractor has the right to unilaterally change the term and schedule for the provision of works/services, as well as the schedule of Events, by notifying the Customer thereof in the manner specified by the Customer in the Application. If the Customer does not agree with the change in the term and (or) schedule for the provision of works/services (the holding of Events), it must notify the Contractor in a manner that guarantees the possibility of familiarization of the Contractor with this notification (in particular, but not limited to: sending a message with the text of the Application to the Contractor's e-mail address or to the Contractor's phone number specified on the Website, or a personal message in the relevant group on a social network) no later than 3 (three) business days from the date of receipt of the notification from the Contractor. In this case, the Parties shall agree on the further procedure for the provision of Services under the Agreement. If the Parties fail to reach an agreement on changing the term and/or schedule for the provision of Services (conducting Events), the Customer has the right to unilaterally terminate the Agreement.

 

2. PROCEDURE FOR CONCLUDING AN AGREEMENT

 

2.1. The Agreement is a public agreement, according to which the Contractor undertakes to provide works/services in accordance with paragraph 1.1 of the Agreement in relation to each individual, sole proprietor and legal entity that has applied for the provision of works/services. The Contractor, if possible, does not have the right to give preference to one person over another with respect to the conclusion of the Agreement, except in cases stipulated by applicable law.

2.2. Posting the Agreement on the Website is a public offer by the Contractor to conclude the Agreement addressed to an indefinite number of persons (clause 2, Article 407 of the Civil Code of the Republic of Belarus).

2.3. The conclusion of the Agreement occurs through the Customer’s accession to the proposed Agreement, i.e. through the Customer’s acceptance of the terms of the Agreement as a whole, without any conditions, exceptions or reservations (Article 398 of the Civil Code of the Republic of Belarus).

2.4. The agreement, subject to compliance with the procedure for its acceptance, is considered to be concluded in simple written form (clause 2, clause 3 of Article 404 and clause 3 of Article 408 of the Civil Code of the Republic of Belarus).

2.5. Having reviewed the cost of the Contractor's work/services and the text of the Agreement posted on the Website, the Customer forms an electronic application (previously, hereinafter referred to as the "Application") using the form posted on the Website, or sends the Application in a manner agreed upon by the Parties (in particular, but not limited to, by sending a message with the text of the Application to the Contractor's email address or to the Contractor's phone number specified on the Website, or a personal message in the relevant group on a social network). When sending the Application in any of the ways, the Application must necessarily include:

2.5.1. information identifying the Customer – last name, first name, patronymic, contact telephone number, e-mail address;

2.5.2. name of services;

2.5.3. other information required in accordance with the Application form posted on the Site. The Application may be agreed upon by the Parties orally.

2.6. Based on the received Application, the Contractor may send the Customer an invoice (receipt) for payment of works/services in electronic form.

2.7. The Contractor has the right to change the cost of unpaid works/services and the terms of the Agreement at any time unilaterally without prior agreement with the Customer, while ensuring the publication of the changed terms on the Website, at least 1 (one) calendar day before they come into effect.

2.8. In case of late payment for works/services, the Contractor has the right to suspend the provision of works/services or terminate the Agreement unilaterally and out of court.

2.9. The Customer, by concluding the Agreement, agrees that the Contractor has the right to refuse to provide works/services at any time if their provision contradicts the requirements of the current legislation of the Republic of Belarus or the Contractor does not have the technical ability to provide them.

2.10. The Customer is obliged to comply with the procedure for rendering works/services established by the Contractor.

2.11. The Customer, who is an individual, gives his consent to the Contractor to collect, store, process and transfer his personal data for the purpose of providing works/services under the Agreement in compliance with the requirements of the current legislation of the Republic of Belarus.

 

3. PROCEDURE FOR PROVIDING SERVICES. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES PROVIDED

 

3.1. The Contractor carries out the work and provides services in the following ways: providing individual and (or) group consultations, organizing and holding thematic lectures, seminars, trainings, workshops, courses, consultations, providing documents and information, preparing and registering documents confirming the compliance of the customer's products with the current requirements of technical regulations and technical regulations of the Republic of Belarus and the Eurasian Economic Union (EAEU), testing products in accredited laboratories of the Republic of Belarus and the Eurasian Economic Union (EAEU).

3.2. The place of provision of Services and performance of works may be either the territory of the Republic of Belarus or the territory of a foreign state.

3.3. The Contractor shall not be liable for the discrepancy between the rendered Service and the Customer’s expectations and/or for his/her subjective assessment of the Service. Such discrepancy and/or assessment shall not be grounds for considering the Services to have been rendered improperly.

3.4. The provision of Services under the Agreement is confirmed by the Certificate of Services Rendered (hereinafter referred to as the “Certificate”), which:

3.4.1. is drawn up and signed by the Contractor solely on the basis of the Resolution of the Ministry of Finance of the Republic of Belarus dated 12.02.2018 No. 13 "On the sole preparation of primary accounting documents and the recognition of the Resolution of the Ministry of Finance of the Republic of Belarus dated December 21, 2015 No. 58 as invalid" in the absence of reasoned claims from the Customer within 5 (Five) calendar days from the date of provision of the Services;

3.5. The provision of Services and performance of work under the Agreement for Customers who are individuals may also be confirmed by the fact of the Customer's consumption of the Services rendered to him and the absence of written claims submitted by the Customer regarding the Services rendered by the Contractor within 5 (five) calendar days from the date of their rendering.

 

 

 

4. PAYMENT PROCEDURE

 

4.1. Payment for Services is made by the Customer on the terms of 100% (full) payment for the services rendered within 10 working days from the moment the Invoice (receipt) for payment for work/ services is sent to the Customer in electronic form, unless otherwise provided by agreement of the Parties.

4.2. Payment for the Services to the Contractor shall be made in euros or Belarusian rubles (depending on the location of the provision of services ). The cost of the Services provided under the Agreement shall be determined based on the volume, nature, and duration of the Services, the performance of the work, and may be indicated in the information materials published on the website and in the Invoice (receipt) provided to the Customer for payment.

4.3. The Customer shall independently pay all expenses for the Contractor’s Services, unless otherwise provided by the payment terms.

4.4. Payment for telecommunication services for connecting the Customer to the Internet is made by the Customer independently without the participation of the Contractor.

 

5. RIGHTS, RESPONSIBILITIES AND GUARANTEES OF THE PARTIES

 

5.1. The Contractor has the right:

5.1.1. independently determine the forms, methods and ways of providing Services;

5.1.2. involve third parties to fulfill their obligations under the Agreement and/or use the services/works of third parties without the consent of the Customer;

5.1.3. unilaterally change the start and end dates for the provision of Services, subject to compliance with the provisions of paragraph 1.3 of the Agreement;

5.1.4. not to accept for consideration the Customer’s claims submitted after the deadlines during which such claims may be submitted in accordance with the legislation of the Republic of Belarus and the terms of the Agreement have been missed.

5.2. The Contractor undertakes to:

5.2.1. provide Services in accordance with the terms of the Agreement, the information posted on the Website, and the Application;

5.2.2. maintain the confidentiality of personal data and information about the private life of the Customer, except in cases where disclosure of such information is provided for by the legislation of the Republic of Belarus;

5.2.3. organize the provision of Services in accordance with established sanitary norms, rules, hygienic standards, and fire safety rules.

5.3. The Customer has the right:

5.3.1. receive Services in accordance with the Agreement;

5.3.2. upon completion of the provision of Services, send a reasoned claim to the Contractor in the event of non-compliance of the Services with the terms of the Agreement within the timeframes stipulated by the Agreement.

5.4. The Customer undertakes to:

5.4.1. make payments for Services within the timeframes established by the Agreement;

5.4.2. maintain the confidentiality of personal data and information about the Contractor’s private life on any issues that become known to him during the provision of Services;

5.4.3. independently monitor the procedure and conditions for the provision of Services, in particular, but not limited to, those posted on the Site, sent to the Customer’s email address, phone number, and the Customer’s account on a social network;

5.4.4. not to distribute or transfer to third parties without the prior written permission of the Contractor the materials used and/or provided by the Contractor to the Customer in the process of rendering the Services, including handouts, presentation materials, video and audio recordings of the Contractor, or otherwise violate the exclusive right to the intellectual property of the Contractor;

5.4.5. notify the Contractor of any change in their contact information no later than the next business day from the date of their change.

5.5. The Customer guarantees that at the time of conclusion of the Agreement, as well as during its execution:

5.5.1. he has the legal capacity to conclude and execute the Agreement in accordance with the legislation of the Republic of Belarus, and to bear responsibility for its non-execution and (or) improper execution;

5.5.2. the funds by which payment for the Services is made belong to the Customer on legal grounds, and he has the right to dispose of them;

5.5.3. the information provided during registration on the Site is accurate and complete.

5.6. By concluding this Agreement, the Customer gives its full and unconditional consent to receive advertising information from the Contractor, as well as other information distributed by the Contractor (including via SMS messages, messages to email addresses, and other messages), for the purposes and in cases where the need for such consent is provided for by law. The Customer is informed of its right to demand that the Contractor immediately stop posting (distributing) advertising information to the Customer. The Customer has the right to express its refusal to receive advertising information distributed by the Contractor, when the possibility of such refusal is provided for by law, in any way that ensures the receipt of such refusal by the Contractor. The Contractor is obliged, at the first request of the Customer, to immediately stop posting (distributing) advertising information to the Customer.

 

6. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE

 

6.1. For failure to fulfill or improper fulfillment of their obligations under the Agreement, the parties shall be liable in accordance with the legislation of the Republic of Belarus.

6.2. If the Customer violates the terms of the Agreement, the Customer shall compensate all damages caused to the Contractor in full and in an uncontested manner no later than 10 (ten) calendar days from the date of the Contractor’s submission of the relevant claim.

6.3. The Contractor shall not be liable for the inability to service the Customer due to reasons related to the disruption of the Internet channel, equipment or software on the part of the Customer.

6.4. In the event that the Application contains inaccurate or incomplete data, the Contractor shall not be liable to the Customer for the provision of Services based on erroneously indicated data.

6.5. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under the Agreement if this was a consequence of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.

6.6. Force majeure circumstances include events that a Party cannot influence and for the occurrence of which it bears no responsibility, such as: war, uprising, strike, earthquake, flood, fire, natural phenomena, regulatory legal acts of state bodies and officials adopted after the acceptance of the Agreement and making it impossible to fulfill the obligations established by the Agreement, as well as actions of state authorities and administration bodies or their representatives that prevent the fulfillment of the terms of the Agreement, and other unforeseen circumstances that are beyond the sphere of influence of the Parties, but not limited to the above.

6.7. In the event of force majeure circumstances that prevent the fulfillment of obligations under the Agreement, the deadline for the Parties to fulfill their obligations shall be extended in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than 60 (sixty) calendar days.

6.8. If force majeure circumstances continue to operate for longer than the period specified in paragraph 6.7 of the Agreement, or when, upon their occurrence, it becomes obvious to the Parties that these circumstances will operate for longer than this period, the Parties undertake to discuss the possibility of alternative methods of executing the Agreement or terminating it.

 

7. ADDITIONAL TERMS

 

7.1. In case of illness or other reason for impossibility of rendering Services by a third party, the Contractor has the right to replace this third party with another third party, having previously notified the Customer thereof. In case of the Customer's refusal to render Services by a third party, the Contractor, at the Customer's choice, shall return to the Customer the funds received for the Services under the Agreement, or accept the said funds as payment for the Contractor's rendering other Services to the Customer under the Agreement.

7.2. If a certain minimum number of Customers is required to provide Services (in particular, but not limited to, holding group Events), the Contractor shall inform the Customer about this in advance (including via the Website). In the absence of the minimum number of Customers, the Contractor has the right to postpone the date of provision of Services, having previously notified the Customer about this. In the event of the Customer's refusal to receive Services on the new date, the Contractor, at the Customer's choice, shall return to the Customer the funds received for the Services under the Agreement, or accept the said funds as payment for the provision of other Services by the Contractor to the Customer.

7.3. In the event of the Customer's failure to arrive at the place where the Services are provided and/or at the Event, or other impossibility of fulfilling the Agreement arising through the fault of the Customer, the funds paid to the Contractor in accordance with the Agreement are not subject to return, unless otherwise established by agreement of the Parties.

7.4. The Customer shall independently bear all transportation and other expenses related to receiving the Services from the Contractor. In the event of failure to provide the Services and/or cancellation of the Event for any reason, these expenses shall not be reimbursed by the Contractor.

7.5. Photo and video filming, sound recording of the process of rendering Services may be carried out by the Customer only with the prior permission of the Contractor at a time specially allotted for this purpose.

7.6. The Parties unconditionally recognize the legal force of documents received via various electronic communication channels, on an equal basis with documents executed in simple written form on paper, except for cases when the execution of documents on paper is mandatory due to the requirements of the Agreement or the legislation of the Republic of Belarus.

7.7. The place of conclusion of the Agreement is the address of the Contractor.

7.8. The Contractor has the right to make changes and/or additions to the Agreement unilaterally. These changes and/or additions shall enter into force on the day following their publication on the Website.

7.9. Changes and/or additions made by the Contractor to the Agreement in connection with changes in legislation shall enter into force simultaneously with the entry into force of changes to these legislative acts.

7.10. The text of amendments and/or additions to the Agreement, or its new version, shall be communicated to the public by the Contractor by posting the relevant information on the Website.

7.11. The Parties unconditionally agree that silence (absence of written notices of termination of the Agreement, or of disagreement with individual provisions of the Agreement, including changes to the Agreement or the cost of Services) is recognized as the consent and accession of the Customer to the new version of the Agreement (clause 3 of Article 159 of the Civil Code of the Republic of Belarus).

7.12. Personal non-property copyrights and exclusive rights to the results of the Services and the works transferred in the course of execution of the Agreement belong to the Contractor.

 

8. FINAL PROVISIONS

 

8.1. The Agreement shall enter into force from the moment of its conclusion, in the manner established by Chapter 2 of the Agreement, and shall remain in effect until the Parties have fully fulfilled their obligations.

8.2. The Agreement is amended and terminated in accordance with the terms of the Agreement and the legislation of the Republic of Belarus.

8.3. Relations between the Parties not regulated by the Agreement shall be governed by the current legislation of the Republic of Belarus.

8.4. The Parties shall resolve all disputes and disagreements under this Agreement through negotiations, and if agreement is not reached, in the manner established by the legislation of the Republic of Belarus. The legislation of the Republic of Belarus shall apply to the Agreement.

 

9. ADDRESSES AND DETAILS OF THE PARTIES

 

9.1. The Parties unconditionally agree that the Customer's details shall be the information specified by him when sending the Application, as well as specified in the payment document for payment of the Services.

9.2. Contractor's details:

 

PROMERY Ltd.

UNP 193615108, OKPO 505848165000

Legal address: 220004 Minsk, Pobediteley Ave., Building 17, Office 810

 

CBS JSC «PRIORBANK». Minsk, filial 101, Timiryazeva Str., 65A

SWIFT Code: PJCBBY2X

To be transmitted to

Account:

№ BY 23 PJCB 3012 0699251000000 978 (EURO)

Correspondent bank accounts:

(EUR):

SWIFT: RZBA AT WW

ACC. 55045512

RAIFFEISEN BANK INTERNATIONAL AG, VIENNA, AUSTRIA