Rights and obligations of the parties
For Internet advertising services
Kyiv City «__» __________ 2013
Performance Revenues ltd. (Перформанс Ревеньюс Лімітед)represented by____________________ acting pursuant to the _____________________ (hereinafter referred to as Customer) on another hand, Natural entrepreneur Shapochkin Mikhail Volodimirovich (Шапочкiн Михайло Володимирович), acting under the Excerpt from the Unified State Register of Legal Entities and Natural Entrepreneurs (hereinafter - Agent), on the other hand, hereinafter referred to as the Parties and individually – Party, made this contract for advertising services on the Internet in the resource www.site.com (hereinafter - Agreement) as follows
SUBJECT OF THE AGREEMENT
1.1 The customer entrusts and the Agent undertakes to provide advertising services (hereinafter - services) on placing the customer’s advertising and information materials on the Internet according to the provided layout banner as defined in Annex 1 Parties to this agreement, on the terms determined in order the Agreement. The Customer agrees to pay in the rate and in the terms provided in this Agreement for the Customer’s services.
1.2 The services under this Agreement include: placement of advertising and information materials provided by the Customer to the Agent, on the Internet, under the section “Downloads” at website www.site.com.
1.3 The layout banner’s size is 300 by 250 pixels (dots). The location of the banner on webpage of website is determined by the Parties in Annex 2 to this Agreement.
RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1 The Customer has rights to:
2.1.1. The proper and timely placement of advertising and information material in areas determined in website’s paragraph 1.2;
2.1.2. Implement general control over the execution of terms in this Agreement;
2.1.3. In writing inform the Agent about the identified deficiencies of services provided within 2 working days from the date of discovery such defects;
2.1.4. In compensation, in the placement of advertising and informational materials at the double size for not provided or improperly provided services by the Customer. Not provided or improperly provided services must be documented by the Customer and agreed by the Agent;
2.1.5. The Customer has the right to refuse of using advertising space, without any consequences for themselves, if the Customer has not begun the placing of advertising and informational materials. On this refusal Customer must inform in written form to the Agent at latest 7 working days prior to such refusal. If the Agent began the placing of appropriate advertising and information materials, the Customer is obliged to compensate him all incurred expenses and pay for his services in the amount provided in this Agreement or in its respective additional agreements.
2.2 The Customer is obliged to:
2.2.1. Not later than 7 (seven) business days prior to the placement of advertising and information materials on the web-site, provide approved layout banner to the Agent.
2.2.2. In time make payments and receive the provided services under the terms established by the Agreement.
2.2.3. In case advertising information that is provided by the Customer, subject to mandatory certification and / or its placement and / or distribution (demonstration, exhibition) in any form requires a special permit, license, etc., the Customer provides the Agent without request from the Agent and to the beginning of advertising campaign the copy of certificate, license, permit or other document required by the legislation of Ukraine.
2.3 The Agent has rights to:
2.3.1. Demand from the Customer proper execution of this Agreement.
2.3.2. Refuse the Customer to placing advertising materials in case of failure by the Customer’s claims in paragraph 2.1.
2.3.3. Do not place advertising and information materials in the case when its content is contrary to current legislation of Ukraine.
2.3.4. On the proper payment for services under this Agreement.
2.4. The Agent is obliged to:
2.4.1. Qualitatively and in definite time provide services under the Agreement;
2.4.2. Inform Customer:
126.96.36.199. about alternative methods of providing services, regulate them by agreement with the Customer and subject to elaborated approaches and methods;
188.8.131.52. about the features of service, the appearance of additional workload and other issues arising from the subject of the Agreement of mutual interest to the Parties.
2.4.3. Provide the Customer with Acceptance statement of provided services within 3 (three) working days after the providing advertising services.
THE ORDER OF SERVICE
3.1 The disposition’s period of Customer’s advertising and informational materials by the Agent is 1 calendar month.
3.2. The services are fixed by signing the Acceptance statement of provided services under the agreement of the Parties.
3.3. The Agent, within 3 (three) working days from the last date the banner’s disposition on the web-site, prepares the Acceptance statement of provided services, signs it on his side, and sends the Customer for signature.
3.4. The Customer within 3 (three) working days after receipt the Acceptance from the Agent, is obliged in the absence of remarks on quality and in accordance with the Agreement’s terms of provided services, to sign and send to the Customer or within 3 (three) working days give a reasoned refusal to sign the act .
3.5. The reasoned refusal is made by writing with the obligatory indication of the reasons for the refusal. In this case, the Parties advisement all divisive issues and, when necessary take measures to cure possible shortcomings of provided services under the terms set in the Agreement.
3.6. The final signing of the Acceptance statement of services is the general order established by this Agreement.
PRICE AND PAYMENT
4.1. The price of advertising services is XXXX dollars.
4.2. The customer is obliged within 7 (seven) business days from the last date of banner’s disposition to pay the Agent for provided services in full rate.
4.3. Payments for Agent’s provided services the Customer implements under the Agent’s provided accounts-fact by the cashless transfer of funds on the current account of the Agent.