Agency agreement for the sale of digital goods of Drawndress online store, website https://drawndress.ru.
This Agency Agreement regulates the relations between Limited Liability Company “B29” (OGRN 1243600010477, TIN 3666271351) and capable natural persons with a minimum age of 18 years, legal entrepreneurs (hereinafter – the “Principal”) to participate in the relations between the Principal and the Buyers in accordance with the Principal’s assignment.
The Contract shall be deemed concluded from the moment the Principal performs the actions stipulated in Section 2 of the Contract, signifying its full and unconditional acceptance of all the terms and conditions of the Contract.
1. TERMS AND DEFINITIONS
1.1. Contract means this agreement entered into under the terms of the offer in the manner provided in Section 2 below.
1.2. Principal – a legal entity established in accordance with the laws of the Russian Federation, or an individual entrepreneur who is a citizen of the Russian Federation, or a citizen of the Russian Federation recognized as self-employed in accordance with the established procedure, who has entered into an Agreement with the Agent;
1.3. Agent – Limited Liability Company “B29”, information about which is specified in Section 10 of the Agreement;
1.4. Digital Goods/Commodities – digital copies of the Works placed on the Platform Services for the purpose of the Agent’s execution of the Principal’s orders as provided for in the Agreement.
1.5. Works – publicized works of literature, science and art protected by the current legislation of the Russian Federation as objects of copyright. In particular, such works in the context of the Contract shall include PDF files with sewing pattern drawings, in respect of which the Principal shall, unless otherwise provided by the Principal, grant a non-exclusive license for their use, namely permission to the Buyers to reproduce by downloading (copying) the Digital Goods offered for sale by the Principals, which is achieved after the Buyer clicks on the “Buy”/”Checkout” button and the like, and their further storage (reproduction) in the memory of the electronic goods selected by the Buyer.
1.6. Buyers – natural persons, visitors to the website https://drawndress.ru, who use the Platform Services for the purpose of purchasing Digital Goods.
1.7. Platform Services/Services means the software accessed via the Platform, through which the Agent enables the Buyers to download the Works, i.e. to perform short-term or long-term recording in the memory of computers and/or mobile devices, local storage, as well as to perform other actions with Digital Goods, after placing and paying for the order in accordance with the terms of the Offer.
1.8 The Platform is a set of computer software and hardware, automated information system available on the Internet at the network address https://drawndress.ru. The Agent is the owner of the Platform.
1.9. Seller’s Personal Account/Principal’s Personal Account means a secure part of the Platform accessible to the Principal from a computer or other device with Internet access by entering the Principal’s unique login and password, which are assigned after the Principal has registered, and intended for interaction between the Agent and the Principal, including exchange of electronic documents, information, performance of certain operations and legally significant actions provided for in the Agreement. The scope of available operations and functionality of the Platform shall be determined unilaterally by the Agent.
1.10. Digital Goods Card – a page of the Platform Service containing a set of information about the Principal, the Digital Goods, the terms of their use (sale) and other information provided for by the Platform functionality. The information in the Digital Product Card may include textual information as well as images and video (Content).
1.11. Offer – a public offer agreement of Drawndress online store, placed on the Platform and regulating the relations between the Agent and the Buyers regarding the sale of Goods.
2. THE MOMENT OF CONCLUSION OF THE AGENCY AGREEMENT
2.1. This Agreement is between the Agent and the Principal for the use of the Platform Services for the sale of Digital Goods to Buyers.
2.2. The Principal shall initiate the conclusion of the Contract by performing all the following actions:
2.2.1. registers on the Platform in the Seller’s Personal Office, filling in the relevant fields with the information about the Principal, including the data required to verify the Seller’s profile on the Platform to the extent provided for by the Platform functionality;
2.2.2. заполняет Карточки Товарах в количестве не менее 1, указывая все необходимые данные о Товаре и его правообладателе, условиях его использования (реализации) и иные сведения в соответствии с Правилами размещения Товаров в Личном кабинете продавца, размещаемыми по адресу: https://drawndress.ru/ (hereinafter referred to as the Rules).
2.2.3. using the functionality of the Seller’s Personal Account, provides the Agent with the documents (constituent documents, identity documents and other documents) confirming the legal personality of the Principal and necessary for the Agent to activate the Seller’s Personal Account.
2.3. Совершение Принципалом действий, согласно п. 2.2.1-2.2.3 Агентского договора признается направлением в адрес Агента безотзывной оферты о заключении Договора об использовании Сервисов Платформы для реализации Цифровых товаров Покупателям, и является подтверждением согласия Принципала с условиями настоящего документа.
2.4. The Agent shall review the information and documents received and, if it agrees to conclude the Contract with the Principal, shall send the latter a confirmation of the conclusion of the Contract via the Seller’s Personal Office or to the e-mail address specified by the Principal in the Personal Office. The said confirmation shall constitute the Agent’s acceptance (acceptance) of the Principal’s offer and shall mean adherence to the terms and conditions of the Agency Agreement in the version in force as of the date of its conclusion.
3. SUBJECT MATTER OF THE CONTRACT
3.1. In accordance with the terms and conditions of the Agency Agreement, the Principal shall entrust and the Agent shall assume the obligation to perform transactions related to the sale of Goods through the Platform Services for a fee on behalf and at the expense of the Principal.
3.2. Within the framework of transactions related to the sale of Digital Goods, the Agent, among other things, performs the following actions (orders):
a) development, maintenance and administration of the Principal’s Personal Account and the Platform Services;
b) enabling the Principal to independently place offers for the sale of Goods through the Platform Services on the terms and conditions of the Agreement subject to the Rules;
c) conclusion of contracts for the sale of Digital Goods by the Agent on its own behalf, but in the interests of the Principal on the terms of the Offer, using the functionality of the Platform;
d) document management, information service and communication with Buyers;
e) organizing the transfer of the Principal’s Goods to the Buyers in accordance with the terms and conditions of the Offer;
f) participation in settlements with the Buyers with the Agent withholding the remuneration in the amount and in the manner prescribed by the Agreement.
3.3. The Principal shall pay remuneration to the Agent for the execution of the agency assignment, as well as transfer funds to the Agent to pay for the services of third parties (the Agent’s expenses for the execution of the assignment), if applicable, in accordance with the procedure and within the terms stipulated in Section 5 of the Agreement.
3.4. Upon the Principal’s request and if necessary in connection with the performance of the terms and conditions of the Agreement, the Agent may provide additional services for the technical organization and support of the Principal’s brand zone, additional technical services related to the movement of the Goods Card in categories on the Platform, as well as advertising and other services performed by the Agent using the Platform’s functionality at an additional cost. In such a case, the Parties shall conclude an additional agreement to the Contract, including by means of the Principal’s executing conclusory actions via the Seller’s Personal Account.
3.5. The Principal hereby agrees that during the period of validity of this Agreement the Agent shall be entitled to conclude contracts similar to this Agreement, as well as to place on the Agent’s website information on products, Goods of third parties or the Agent itself, including and especially on products identical and/or similar to the Goods offered for sale by the Principal. The Principal shall not be entitled to claim compensation for any losses (including loss of profit) incurred by it as a result of the posting of the information specified in this clause.
3.6. The rules on agency agreements and commission agreements (Chapters 51 and 52 of the Civil Code of the Russian Federation) shall apply to the relations of the Parties arising from the execution of an assignment when the Agent performs legal and other actions on its own behalf but at the expense of the Principal in accordance with paragraph 3.2. of the Agreement. The rules on a contract for the provision of services for a fee (Chapter 39 of the Civil Code of the Russian Federation) shall apply to the relations of the Parties arising from the provision of services by the Agent in accordance with paragraph 3.3. of the Agreement and related provisions.
4. CONTRACT EXECUTION PROCEDURE
4.1. In order to exchange information between the parties, the Agent grants the Principal access to the Seller’s Personal Account after completing the registration procedure. The Principal receives a login and password for the Seller’s Personal Account and uses it to post information about itself and the Digital Goods offered for sale using the available functionality of the Platform.
4.2. The Principal acknowledges that the use of a login and password is a proper and sufficient means of identification for its authorization in the Seller’s Personal Area, confirms its right to perform transactions on the Platform and is equal to the handwritten signature of the Principal or its authorized representative (if the Principal is a legal entity), and all transactions and operations performed by it on the Platform shall be deemed to be executed in a simple written form.
4.3. The Principal shall ensure the safe and confidential storage of the login and password required to access the Platform. In the event of their loss or if they are accessed by third parties, the Principal shall immediately stop using these data and notify the Agent of the need to change them.
4.4. If the Principal knowingly grants third parties access to its Personal Account on the Platform using its authorization data, it shall be fully liable for any acts or omissions of such persons to be performed using the Personal Account as its own.
4.5. The Principal shall, through the functionality of the Platform, place the Goods Card on the website, indicating the following information:
a) the name and value of the Goods;
b) the category of placement of the Digital Goods Card on the Services;
c) a detailed description of the characteristics, purpose and features of operation
Digital merchandise, including information about the current size range of the cutouts;
d) other additional information about the Goods in accordance with the functional requirements and the Rules.
4.6. The description of the Goods shall be as detailed, accurate and up-to-date as possible.
4.7. The Agent has the right to moderate the information about the Goods both before and after posting the relevant materials on the Platform. Moderation is carried out for the purpose of limiting the range of Goods offered for purchase on the Platform and includes the verification by an employee of the Agent of the information about the Goods specified by the Principal in the Goods Card.
4.7. Following the moderation, the Agent may make one of the following decisions:
4.7.1. place an ad on the Platform;
4.7.2. propose to the Principal to correct the information contained in the Goods Card;
4.7.3. request from the Principal additional information about the Goods, including documents exposing the Principal’s rights to the posted Content, the right to dispose of exclusive rights to the Works, etc..;
4.7.4. refuse to place the Goods Card without giving any reasons.
4.8 After elimination of the deficiencies specified by the Agent in accordance with clauses 4.7.2 and 4.7.3, the Seller sends the information about the Goods for re-moderation.
4.9. The Agent has the right to remove any information from the Platform, Platform Services or Digital Goods Card if such information, in the Agent’s opinion, violates applicable laws or the rights of third parties.
4.9 For the avoidance of doubt: the Principal is prohibited from placing in the Product Cards on the Platform or in the files of sold Digital Goods its own promotional materials (including but not limited to the following: links or indications to its own social networks, websites, mobile applications and other information resources, promo codes for use on the websites of partner stores, etc.), third party promotional materials or any other promotional materials other than promotional materials provided by the Agent, unless the Agent authorizes P In case of breach of obligations under this clause of the Agreement, such breach shall be deemed an attempt to lure the Buyer, and the Agent shall be entitled to demand from the Principal the payment of a fine for each breach in an amount equal to the total amount of sales of the Goods during the calendar month preceding the month of making such demand.
4.10. The Principal assures the Agent that the content of the materials and information placed by it in the Product Cards does not violate the applicable laws of the Russian Federation and the rights of third parties. The Principal shall be solely and fully liable for bringing the information into a form ready for distribution.
4.11. The Principal undertakes to settle disputes and claims of third parties regarding information, Content in connection with their placement on the Platform Services at its own cost and expense, or indemnify the Agent for losses (including court costs) incurred in connection with claims and lawsuits based on the placement of the Principal’s information and materials. In the event that the content, form and placement of the Principal’s information and materials have given rise to orders to the Agent to pay penalties from state authorities, the Principal undertakes to provide the Agent immediately upon the Agent’s request with all requested information regarding the placement and content of the Goods Card or Work, to assist the Agent in settling the orders, and to indemnify the Agent for all losses (including the costs of fines) caused to the Agent as a result of the orders issued by the state authorities. The terms of this clause shall also apply to situations where the Agent has placed information and materials via the Platform Services using its own resources as part of providing services to the Principal in accordance with clause 4.4. of the Agreement. 4.4. of the Agreement.
4.12. All material terms and conditions of the agreement on the transfer of ownership of the Digital Goods concluded with the Buyer shall be specified by the Principal and/or the Agent using the Platform interface during the order placement process and recorded in the Platform database. A contract for the sale of Digital Goods concluded by the Agent on its own behalf but in the interests of the Principal shall be deemed to have been concluded with the Buyer at the moment of full payment for the Goods in accordance with the terms and conditions of the Offer.
4.13. The Goods shall be transferred to the Buyer on the basis of the order created by the Buyer in the order and terms determined by the Agent independently.
5. AGENT’S REMUNERATION. SETTLEMENT PROCEDURE
5.1. The Digital Goods shall be sold by the Agent at the price indicated by the Principal in myAlpari on the Platform at the time of sale of the Digital Goods, including the price of the Digital Goods, discounts granted by the Principal, and all applicable indirect taxes. The Principal shall be entitled to change the selling price of the Digital Goods at any time, including by granting discounts using the functionality of the Platform.
5.2. The Principal undertakes to provide the Agent with remuneration for the sale of Digital Goods in the amount of 30% (thirty percent) of the Agent’s revenue from the sale of Digital Goods using the Platform Services, unless a different amount of remuneration is established.
5.3. The Agent has the right to change the amount of the Agency Fee, both upward and downward. For this purpose, the Agent shall give appropriate notice to the Principal by means of a notice in the Personal Office which shall be proper and sufficient for the purposes of this paragraph. In this case, the price of the Goods previously set by the Principal shall remain unchanged unless and until the Principal sets a new price for the Goods by using the relevant functionality of myAlpari.
5.4. Payment to the Principal for the Goods sold through the Service shall be made in Russian rubles, by non-cash transfer of funds to the Principal’s settlement account. The Principal shall be responsible for the accuracy of the payment details provided.
5.5. The Principal’s request to transfer funds shall be sent via myAlpari. The Platform functionality may limit the minimum amount of funds that the Principal may request the Agent to withdraw.
5.6. The Agent’s payment obligations shall be deemed fulfilled from the date of debiting the Agent’s correspondent bank account.
5.7 If the Principal entrusts the Agent to render services other than those listed in Clause 4.2. of the Agreement, including direct marketing, additional research, data processing, the Agent’s remuneration shall be agreed upon by the Principal and the Agent in advance by concluding an additional agreement to the Agreement, which shall determine the procedure and terms of payment for the relevant services.
5.8. The Agent shall be entitled to deduct from the amount of money to be transferred to the Principal the amounts of losses and damages to be compensated in accordance with the Contract. The grounds for withholding the amount of losses and damages to be reimbursed shall be specified in the Agent’s report.
5.9 Each of the Parties shall bear all costs arising in connection with the fulfillment of its obligations under the Agreement. Thus, in particular, the Principal shall not be entitled to demand from the Agent reimbursement of expenses for preparation and finalization of the Goods for placing them on the Platform after they have passed moderation and other similar expenses.
5.10. In order to inform the Principal about the progress of this Agreement, the Agent shall send the Principal a weekly Agent’s report to the Principal using the Personal Account functionality in the form of an electronic document drawn up in accordance with the Agent’s form or a Universal Transfer Certificate (UTC) for the cost of the Agent’s services, if clause 4.4 of the Agreement applies. 4.4 of the Agreement and containing information on the performed assignments/services, the amount of remuneration due to the Agent and reimbursable expenses (if applicable).
5.11. If within 3 (three) calendar days from the date of posting the report/PCR in myAlpari the Principal has not sent the Agent any reasoned objections, the report/PCR shall be deemed accepted and the Agent’s assignment (obligation to provide services) shall be deemed fulfilled. Subsequent claims will not be accepted.
5.12. The Principal has no obligation to provide any other supporting documents within the scope of the intermediary services other than the agent’s report.
6. INTELLECTUAL PROPERTY
6.1. The Principal entitles the Agent to dispose of all Content placed on the Platform, placed in the Product Cards, on the terms of a royalty-free simple (non-exclusive) license. In this case, the Agent is granted the following rights to use the Content:
6.1.1. Ways of using exclusive rights: reproduction, public display, broadcasting, cablecasting, translation or other processing of the work, making it available to the public, including for advertising purposes.
6.1.2. The territory of transferable rights is all countries of the world.
6.1.3. The term of the transferred rights is the term of the Contract.
6.1.4. The Principal shall be released from the obligation to provide reports on the use of the Content.
6.2. The Principal grants the Agency consent to use the Works on the territory of the Russian Federation by all means necessary for the fulfillment of the Agent’s obligations under the Contract for the entire term of its validity, including by reproduction in computer memory (for the purpose of further distribution), distribution and publicizing. The Principal confirms that it is authorized to grant such consent in favor of the Agent with respect to all Works.
6.3. If the Works contain trademarks or other means of individualization, the Principal shall grant the Agent the right to use such means of individualization in the Works during the entire term of the Contract simultaneously with the provision of the Works.
6.4. The rights provided for in clauses 6.1- 6.3 above shall be granted to the Agent from the moment of conclusion of the Agreement and until the termination of the Principal’s placement of the respective product offer on the Platform.
6.5. The Principal warrants that it is the proper right holder of the Works, as well as possesses the rights to the posted Content (hereinafter collectively referred to as the RIA) and has obtained all necessary authorizations to transfer the rights to the RIA to the Agent on the terms and to the extent provided for in the Agreement. With respect to the rights to the intellectual property alienated to the Agent, the Principal guarantees that as of the date of transfer of the rights to the intellectual property, the exclusive rights thereto have not been alienated to third parties and that as of the date of such transfer the rights to the intellectual property have no encumbrances (restrictions) and are transferred to the Agent to the extent provided for in the Agreement.
6.6. The Principal shall, within five (5) days from the date of receipt of the Agent’s request, provide the Agent:
a) documents confirming that the Principal has the rights to RIA corresponding to the rights transferred to the Agent under the Agreement, as well as consents and authorizations of the authors and/or right holders of the Works required for the Agent to use and implement the Works through the Platform under the terms and conditions of this Agreement;
b) documents confirming the Principal’s right to use trade names, trademarks, service marks, commercial designations, names, images and other protected results of intellectual activity of third parties, placed on the Platform as part of the RIF;
c) information on third party copyright objects used as part of RIL, including the names of such objects, their authors and right holders, as well as the scope of use of these objects as part of RIL.
6.7. The Principal shall immediately notify the Agent of all circumstances that may affect the possibility, scope, terms and procedure for granting the right to use the RIA under this Agreement, including notification of any disputes regarding the protection of rights to the RIA and their components.
6.8. If the Principal breaches or the Agent discovers unreliability of any consents, authorizations, warranties granted by the Principal to the Agent in accordance with this Section of the Agreement, including and in particular in relation to RIA, the Principal shall at its own expense hold the Agent harmless from claims, liability and indemnify the Agent for the documented damage caused to the Agent as a result of the Principal’s breach of the respective obligations/guarantees/assurances, including but not limited to,
6.9. In the event of claims or suits brought against the Agent regarding the use/content of the REIT, infringement of copyright, related and/or other rights of third parties in connection with the use of the REIT, or any part thereof, within the terms and conditions agreed by the Parties, the Principal undertakes to settle such claims or take other necessary actions preventing the Agent from incurring losses, and shall be the sole defendant in such disputes, and the Agent shall be released from any liability.
6.10. In the event of a legal dispute in which the Agent has nevertheless been involved as a result of the Principal’s breach of the aforementioned obligations/guarantees/assurances, the Principal undertakes to participate in such dispute, to assist the Agent in organizing the defense, including filing all objections to the claim and other court documents, as well as providing all documents and information relevant to the dispute.
6.11. The Principal shall independently conclude an End User License Agreement regulating the procedure for the use of the Works by the Buyer when selling them through the Platform Services, if necessary.
7. LIABILITY OF THE PARTIES
7.1. If the Principal violates any terms and conditions of this Agreement, the Agent shall be entitled, without prior notice, to fully or partially suspend performance of obligations under the Agreement, including, but not limited to, blocking the Principal’s access to the Personal Account, limiting the display of the Principal’s store page or individual Product Cards on the Platform. The Agent shall resume performance of obligations under the Contract if the Principal provides evidence satisfactory to the Agent that the breaches that served as grounds for suspension have been eliminated, provided that by the time of elimination of the relevant breaches the Contract has not been terminated on the initiative of either Party.
7.2. In case of non-fulfillment or improper fulfillment by any of the Parties of their obligations under the Contract, the Parties shall be guided by the current legislation of the Russian Federation.
7.3. The Principal shall be liable to third parties for the content of the Digital Goods and the Digital Goods Cards, their compliance with the laws of the Russian Federation or applicable law, and for compliance with the intellectual property rights of third parties.
7.4. In case of breach by the Principal of the guarantees provided under this Agreement, the Principal undertakes to reimburse the Agent for losses, including, but not limited to, amounts of fines and compensations and other amounts recovered by a judicial act issued in a case directly or indirectly related to such breach, within 7 (seven) business days from the date of receipt by the Principal of the Agent’s relevant request.
7.5. The Parties shall be released from liability for partial or full failure to fulfill their obligations under this Agreement if it was a result of force majeure circumstances. Force majeure circumstances shall mean events of extraordinary, unavoidable nature beyond the reasonable foresight and control of the Parties, occurring after the conclusion of this Contract, such as: war or hostilities, natural or other disasters occurring in areas officially recognized as such; fires, floods, earthquakes, epidemics, blockades, uprisings, riots, strikes. In the presence of these circumstances, each Party is obliged to notify the other Party about them within 5 days by submitting official documents of the authorized bodies. If the above circumstances last 2 (two) or more months, each of the Parties shall have the right to terminate the Contract.
7.6. The Agent shall not be liable for indirect losses or lost profits of the Principal or third parties, regardless of whether the Agent could have foreseen the occurrence of such losses.
7.7. In all circumstances, the Agent’s liability shall be limited to the amount of remuneration received by the Agent for the execution of the Principal’s assignment (or part thereof), to which the occurrence of damage to the Principal’s interests is related.
7.8. The parties agreed that the provisions of Art. 317.1. The Civil Code of the Russian Federation shall not apply to the relations of the Parties under this Agreement.
8. CONTRACT MODIFICATION
8.1. The Agent shall be entitled to unilaterally amend and/or supplement the Contract, as well as any annexes thereto, including deletion of annexes and addition of new ones. Amendments and/or additions may be made both in the form of amendments/additions to the current editions of the Contract/Annex and in the form of adoption of a new edition of the relevant document (Contract, Annex, etc.).
8.2. The Principal shall be notified of amendments and/or additions to the Contract and/or its annexes by posting them at least 7 (seven) calendar days prior to the date of their entry into force. The effective date of changes/additions shall be determined by the Agent and indicated when they are posted on the Platform.
8.3. The posting of amendments and/or additions to the Contract and/or its Annex on the Platform shall be considered as proper fulfillment of the Agent’s obligation to notify the Principal. The Principal undertakes to independently visit the Platform to check whether there are/are no changes/additions to the Contract/Application.
8.4. Any amendments and supplements to the Contract and (or) annexes from the date of entry into force shall apply to all Principals, including those who concluded the Contract earlier than the date of entry into force of the amendments. At the same time, the Principal understands and agrees that such amendments/additions shall apply to the previously concluded Contract without specifying in the text of the amendments/additions the details of this Contract (number and/or date of its conclusion), as well as without specifying the particular Principal.
8.5 If the Principal, after the entry into force of amendments and/or additions to the Agreement or its annexes, continues to exercise the rights and obligations under such Agreement, namely performs an action provided for in the Agreement or its annexes, e.g. downloads information about the Digital Goods via the Platform, etc., the Principal’s performance of such actions shall mean that the Principal agrees with the amendments/additions made by the Agent and recognizes that such amendments/additions do not infringe its interest.
9. FINAL PROVISIONS
9.1. The Contract shall become effective on the date of execution by the Parties, determined in accordance with Section 2 hereof, and shall remain in effect for an indefinite period of time.
9.2. Each of the Parties shall be entitled to unilaterally withdraw from the Contract in the following order: the interested Party shall send a written notice of unilateral withdrawal from the Contract to the other Party. The Contract shall be deemed terminated on the 3rd (Third) day from the date of receipt of the notice by the addressee.
9.3. The Agent shall have the right to send the Principal a notice of unilateral withdrawal from the Agreement via the Personal Account. Unless otherwise provided by the terms and conditions of the Agreement, all notices posted by the Agent in myAlpari shall constitute a proper notification to the Principal and shall be deemed to have been received by the Principal on the date of posting such notices.
9.4. If Agent is in arrears of payment as of the date of termination, Agent shall pay such arrears within a period not to exceed thirty (30) calendar days from the date of termination.
9.5. The Principal shall notify the Agent in writing of any change of location, bank details, contact telephone numbers, e-mail addresses. In the absence of a written notification of a change of address, all notices and/or notifications and/or claims shall be sent by the Agent to the addresses specified by the Principal in myAlpari and shall be deemed delivered and received, even though the Principal no longer resides or is no longer located at that address.
9.6 Unless otherwise provided by the Contract, all written demands and/or notices and/or claims shall be sent by the Parties to the address of the location of the Addressee Party. All written demands and/or notices and/or claims shall be sent by any of the following ways:
- by registered mail with return receipt requested;
- shall be delivered personally against signature.
In the event that a Party refuses to accept a written demand and/or notice and/or claim, such Party shall be deemed to have been notified or received notice thereof.
9.7. The terms and conditions of the Contract concerning the scope and list of rights transferred to the Agent by the Principal under the Contract, the amount and procedure of remuneration payment, as well as other information and documents provided by the Parties to each other in the course of execution of the Contract shall be confidential information and shall be disclosed to third parties only after obtaining the prior written consent of the other Party, as well as in cases expressly provided for by the current legislation of the Russian Federation.
9.8. If any of the provisions of the Contract is declared invalid or unenforceable, this shall not invalidate the Contract as a whole.
9.9 All disputes and disagreements arising between the Parties under the Contract or in connection therewith shall be subject to pre-trial claim settlement. The claim shall be made in writing. The claim shall be attached to and contain the documents and information necessary for consideration of the claim on the merits. The other Party is obliged to respond to the claim within 10 (Ten) calendar days from the date of its receipt. In case of failure to reach an agreement the dispute shall be resolved in the Arbitration Court of the Voronezh region.
10. AGENT DETAILS
B29 LTD.
TIN/KPP 3666271351/366601001
OGRN 1243600010477
394018 Voronezh Taranchenko 29B pom 6/1
p/s 40702810510001638653
JSC Tinkoff Bank
to/from 30101810145250000974
BIC 044525974