КОНТРАКТ МЕЖДУ ПОЛЬЗОВАТЕЛЕМ И ИНТЕРАКТИВНОЙ СЛУЖБОЙ (АНГЛ.)
of ________________ ____
SERVICE offers online access to databases mounted on its host computer (these
databases are listed in Appendix 1 ). SERVICE will also offer assistance as it
may think fit.
2. TERMS AND CONDITIONS
2.1. After this Contract is
signed SERVICE will provide USER with User ID, password and necessary reference
materials (including User Manual) to enable USER"s access to the databases he
has subscribed to. If it is necessary Customer can obtain additional
2.2. When accessing SERVICE via communication facilities, it
shall be USER"s responsibility to make the necessary arrangements for such
access and to ensure that all legal and technical requirements are met
(propriate telecommunication services are listed in User Manual). SERVICE will
however make any effort to assist USER in case of difficulty.
SERVICE databases are available _____ hours a day except for time period
____________________________________________________. The services will be
rendered on the day before each above mentioned holiday until
2.4. SERVICE reserves the right to change the
statements of this Contract (including prices) and will inform USER about these
changes (by post, fax, telex or e-mail) ____________ days before they go into
3. PRICES AND PAYMENT
3.1. USER will pay SERVICE for services
according to the price list ( Appendix 2 ).
3.2. Invoices are issued
quarterly. USER must remit payment in US dollars within 20 days after the date
of each invoice.
3.3. Should USER fail to observe the terms of payment
stipulated in the Contract, USER will be charged a penalty of _____% for each
day for the first _______ days, thereafter at the rate of ______% for each
additional day. The penalty charge will not exceed ______% of the amount
4. OBLIGATION OF THE PARTIES
4.1. USER should not:
report and transfer his passwords to any third party; distribute information
obtained from SERVICE databases;
publish information obtained from
SERVICE databases without referring to SERVICE;
restrictions on use of the obtained information, copyrighted by database
producers. These restrictions (if any exist) are to be specified in Database
Owners"s Conditions which then will be an integral part of the Contract.
4.2. SERVICE should not transfer to the third parties any information about
USER"s access to databases (choice of databases, requests, obtained information)
which can be stored in SERVICE host computer.
4.3. SERVICE will not be
liable for USER for any delay, interruption, damage, or loss profits due to:
defects in, or the operation or failure to operate of, any electronical or
transmission or interconnect problems;
strikes, wallkouts, storms, fires, thefts, acts of any governmental authority in
any country, riots or civil disturbances; acts of war or hostilities of any
other causes beyond SERVICE direct control.
does not guarantee the accuracy and completeness of the results of search orders
and is not liable for the using of the information recieved from the
4.5. USER agrees that the liability of SERVICE in the event
of omission or inaccuracy in SERVICE databases shall be limited to those charges
levied for connect time in dispute provided also that any claim for such damages
shall be made in writing within 60 days of the alleged omission.
5.1. SERVICE and USER will discuss any disputes, discrepancies,
or claims which may arise from or relate to this Contract.
5.2. In case
SERVICE and USER fail to reach agreement on this controversies by discussion,
the issues in question should be submitted to a court of arbitration (in the
country of the claimant) designed to settle foreign trade disputes. The
decisions of the court of arbitration are to be considered final and binding
upon both SERVICE and USER.
This Contract shall remain
in force until terminated dy either party as follows:
by USER, on ____
days prior written notice;
by SERVICE, on _____ days prior written
notice; provided that SERVICE may terminate this Contract effective immediately
if USER fails to pay in full any invoice for charges hereunder within _____ days
of the date of such invoice and/or violates other statements of the Contract.
7. GENERAL CONDITIONS
7.1. This contract will become effective after it
is signed by SERVICE and USER.
7.2. All supplements and amendments to
this Contract will not be effective unless they are done in writing and signed
by authorized representatives of SERVICE and USER.
7.3. All previous
correspondence and talks related to the subject matter of this Contract between
SERVICE and USER will become null and void after the contract is signed.
7.4. Russian law applies to the conditions of this Contract.