Standard training contract. Course training agreement

Standard contract for the provision of consulting services (training)

Agreement No. ______

For the provision of consulting services

Moscow "___" ______ 200__

LLC "XXX", hereinafter referred to as the "Customer", represented by the General Director, full name, acting on the basis of the Charter and _______________, hereinafter referred to as the "Contractor", represented by __________________, acting on the basis of _____________, hereinafter the "Parties", entered into an agreement on as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide consulting services to the Customer’s employees by holding an event on the topic “________________________________”, and the Customer undertakes to pay for these services in accordance with the Agreement.

1.2. The type of services, terms of their provision, cost and other necessary conditions are determined in accordance with Appendix No. 1. The specified Appendix is ​​an integral part of the Agreement.

1.3. The conditions for holding the event are specified in the Terms of Reference, which is an integral part of this Agreement (Appendix No. 2).

1.4. Based on the results of completing the entire range of work specified in clause 1.1. Agreements The Parties agree on and approve the Acceptance Certificate for completed work (Appendix No. 3).

2. OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes under the Agreement:

Provide services in accordance with the conditions specified in the Terms of Reference to this Agreement;

At the Customer's request, provide information on issues related to the organization of the event;

Do not disclose information or transfer to third parties without the written consent of the Customer any information regarding business activities and other activities that became known in the process of fulfilling obligations under this Agreement.

No later than 3 days from the date of completion of the entire range of work performed, submit the Acceptance Certificate for the completed work for signature and approval by the Customer.

2.2. Under the Agreement, the Customer undertakes to:

Pay for the services provided at the price and within the terms specified in Appendix No. 1 to the Agreement.

Provide the Contractor with the information and information required to perform work in accordance with this agreement. The scope of required information and information is determined by the Contractor.

Within ___ days, accept the completed work, agree and sign the Act. If there are complaints about the quality of the work performed, provide the Contractor with a reasoned refusal within ____ days from the date of consideration of the Acceptance Certificate.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The amount of the Contractor's remuneration for services provided under the Agreement is formed in accordance with Appendix No. 1 to the Agreement.

3.2. Payment of remuneration to the Contractor is made upon the fact of services rendered within 5 banking days from the date of signing by the parties of the Acceptance Certificate (Appendix No. 3), in non-cash form, by transferring the amount of remuneration to the Contractor's bank account.

In case of prepayment: The Customer makes payments for services provided in rubles by non-cash bank transfer in the form of 100% prepayment.

3.3. The cost of the Contractor's services specified in Appendix No. 1 is _____________ rubles, including 18% VAT in the amount of _______ rubles. and cannot be changed.

3.4. The date of payment by the Customer for work under the Agreement is the date of debiting the necessary funds from the correspondent account with the Customer's Bank in favor of the Contractor.

4. DURATION OF THE AGREEMENT

4.1. The Contractor begins to fulfill its obligations from the moment of signing this agreement.

4.2. This agreement is considered concluded and comes into force from the moment it is signed by the Parties, and is valid until the Parties fulfill their obligations under it.

4.3. The parties are obliged to inform each other about changes in the terms of the Agreement no less than five working days in advance. In this case, the Party that is not satisfied with the amended conditions has the right to refuse to fulfill its obligations under this agreement.

5. RESPONSIBILITY OF THE PARTIES

5.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

5.2. For failure to fulfill obligations regarding the terms of provision of services, the Contractor is obliged to pay the Customer a penalty in the amount of 0.1% of the cost of services provided for each day of delay in fulfilling obligations.

In case of prepayment: If the Contractor fails to provide services on time and in the amount in accordance with Appendix No. 1 to the Agreement, he is obliged to return to the Customer the entire amount of the prepayment within three days from the receipt of a written request for return.

5.3. In case of violation of payment terms, the Customer pays the Contractor a penalty in the amount of 0.1% of the amount of late payment for each day of delay in fulfilling obligations.

6. PROCEDURE FOR SETTLEMENT OF DISPUTES

6.1. The Parties will strive to resolve all disputes and disagreements arising during the execution of this Agreement through negotiations.

6.2. Disputes and disagreements that are not resolved through negotiations are subject to resolution in the Moscow Arbitration Court.

LIMITED LIABILITY PARTNERSHIP

LANGUAGE CENTER “MR. ENGLISH »

Contract No. __________ for teaching English

"______" _____________ 200 __ g.

LLP “Language Center “Mr. English". A., acting on the basis of the Charter, hereinafter referred to as the CONTRACTOR, and ____________ represented by___________, hereinafter referred to as the CUSTOMER, have entered into this Agreement as follows:

SUBJECT OF THE AGREEMENT

1.1. The CONTRACTOR undertakes the provision of educational training services English language group of _ 2 _ people specified in Appendix No. 2 to this Agreement, which is an integral part of this Agreement, according to the Course program _____________, duration _ _ _ months. The Course program is an integral part of this Agreement and is specified in Appendix No. 1 of this Agreement.

1.2. The CUSTOMER undertakes to pay for the services provided on the terms and in the manner provided for in this Agreement, and to properly fulfill all the requirements imposed by the Course program and the terms of this Agreement.

1.3. Study period – from “____” ________ 2009 to “____” ________ 2009.

1.4. The class schedule is specified in Appendix No. 2 to this Agreement and is an integral part of this Agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The CONTRACTOR is obliged:

· during the CUSTOMER's training, be guided by the Course program and this Agreement;

· do not increase the number of people in the group without the written consent of the CUSTOMER;

· fulfill the terms of this Agreement and the Course program in a timely manner and in the proper manner;

· provide the CUSTOMER and the CUSTOMER's employees with the necessary information related to the content, volume and quality of the services provided;

· ensure compliance with the requirements for the quality of services provided, established by current legislation and methodological documents regulating the issues of teaching foreign languages;

· upon completion of training by the CUSTOMER’s employee under the Course program and in case of successful completion, issue the CUSTOMER’s employees with a certificate of the established form confirming their level of language proficiency.

2.2. The CONTRACTOR has the right:

· demand from the CUSTOMER to ensure timely and complete implementation by the CUSTOMER's employee of the Course program, and in the event of failure or improper implementation by the CUSTOMER's employee through his own fault of the Course program, in the event of a long absence from classes (8 hours or more) without good reason, the CONTRACTOR has the right to terminate the Agreement in unilaterally in terms of training this employee without issuing a certificate, and without returning the previously paid amount with written notification to the CUSTOMER of such termination and provision of supporting documents;

· in the event of unilateral termination of the Agreement (termination by the CUSTOMER of training before completing the entire Course program) at the initiative of the CUSTOMER, the previously paid amount is not returned, except for the cases provided for in clause 3.6. actual agreement.

· demand timely payment for services provided on the terms and in the manner provided for in this Agreement.

2.3. The CUSTOMER is obliged:

· pay for the services provided in a timely manner and in full in accordance with Section 3 of this Agreement;

· ensure the timely completion by the CUSTOMER's employees of all tasks and requirements stipulated by the Course program, as well as ensure strict attendance at training sessions in accordance with the Course program and class schedule;

· provide advance notification to the CONTRACTOR about absence of classes by the CUSTOMER's employee/employees;

· ensure careful use of training manuals provided by the CONTRACTOR by the CUSTOMER's employees.

In case of loss or damage to benefits, the CUSTOMER compensates the CONTRACTOR for losses in the amount of the cost of these benefits.

2.4. The CUSTOMER has the right:

· submit written complaints about the quality and methodology of the services provided (training) with a requirement to eliminate the comments specified in the complaint;

· unilaterally terminate this Agreement with notification to the CONTRACTOR 5 (five) calendar days before termination without payment of penalties, fines and other payments, except for payment for services actually rendered, if the CONTRACTOR fails to eliminate the CUSTOMER’s comments specified in the CUSTOMER’s claim.

· for compensation of the amount paid for training if the CUSTOMER's employee misses more than half of the monthly norm of classes for a good reason - subject to the provision of supporting documents by the CUSTOMER's employee. In this case, by agreement with the CUSTOMER, the specified amount is either returned to the CUSTOMER or taken into account in calculations for subsequent months of training;

· receive from the CONTRACTOR any information related to the content and scope of the training provided;

· in case of successful completion of the Course by the CUSTOMER's employees, make sure that the CUSTOMER's employees receive a certificate confirming the appropriate level of language proficiency;

2.5. The CUSTOMER's employee has the right:

· upon successful completion of the Course, receive a certificate confirming the appropriate level of language proficiency;

· move on to the next Course of study without additional testing, subject to passing the exam for the completed Course (result of at least 60%).

PROCEDURE, TERMS AND FORM OF PAYMENT

3.1. The cost of training under the Course program for one calendar month is 10,500 tenge per employee.

3.2. The one-time registration fee payable upon conclusion of this Agreement is 500 (five hundred) tenge per employee .

3.3. Within 5 days after the conclusion of this Agreement, the CUSTOMER pays the CONTRACTOR a registration fee in the amount specified in clause 3.2, as well as the cost of training for the first calendar month in the amount specified in clause 3.1. based on the invoice issued by the CONTRACTOR. Subsequently, the CUSTOMER makes payments on a monthly basis by paying the amount of money specified in clause 3.1. no later than the last day of the calendar month preceding the month to be paid (in advance payment) on the basis of an invoice issued by the CONTRACTOR.

3.4. Payments are made by the CUSTOMER in a non-cash manner.

3.5. The teaching aids necessary for training are purchased by the CUSTOMER independently at his own expense. If possible, the CONTRACTOR can provide assistance to the CUSTOMER in this (sell training manuals to the CUSTOMER, if any).

3.6. During the term of this Agreement, the CONTRACTOR has the right to revise the cost of training under the Course program, including in connection with a decrease in the number of CUSTOMERS in the group and a corresponding proportional increase in tuition fees, notifying the CUSTOMER of this no later than 10 days before the start of the calendar month . In which the provision of services will be carried out at changed prices. In this case, the CUSTOMER has the right to unilaterally terminate this Agreement without paying penalties, fines and other payments, except for payment for services actually rendered in accordance with this Agreement.

4. RESPONSIBILITY OF THE PARTIES

4.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the parties bear property liability in accordance with the current legislation of the Republic of Kazakhstan.

4.2. In case of violation of the terms of payment of the registration fee and the cost of training for the first calendar month, the CONTRACTOR has the right to suspend the provision of services under this Agreement until the CUSTOMER fulfills these obligations.

DISPUTE RESOLUTION

5.1. All disputes and disagreements between the parties that may arise under this Agreement will be resolved through negotiations, and if it is impossible to regulate them, they will be referred to the judicial authorities.

ANTI-CORRUPTION

6.1. The Contractor is obliged to independently monitor its employees regarding the fulfillment of the terms of this Agreement and is recognized as an independent contractor. The Contractor shall not be treated as an agent of the Customer for any purpose and shall not engage in any action that creates or may create the appearance or assumption that the Contractor is acting as an agent of the Customer. Moreover, the Contractor does not have any rights or authority to accept any obligations or liabilities on behalf of the Customer in any form.

6.2. The Contractor guarantees to the Customer that he has not made and agrees that he will not make in connection with the performance of his functions under this Agreement, as well as in connection with the execution of other transactions where the Contractor is involved, any payments and transfer of any material assets, directly or through other persons:

a) in favor of any government officials or employees (including employees of legal entities with state participation or government international organizations) or any political parties or candidates for public office, or

b) to any other persons or organizations, if such payment or transfer of valuables violates the laws of the country where they are carried out.

6.3. The parties intend that no payments or transfers of value will be made for the purpose of, or have the effect of, government or commercial bribery, the acceptance or solicitation of a bribe, gift, favor, or any illegal or unethical means of obtaining business.

6.4. The Contractor further warrants and agrees that he is familiar with the provisions of the Anti-Corruption Law (ACA) and agrees that:

a) he will not violate the provisions of the Labor Code in connection with the services provided to the Customer, and also will not carry out any actions that could lead to the Customer being found guilty of violating the Labor Code;

b ) regardless of any other provisions to the contrary, the Customer may immediately suspend or terminate this Agreement unilaterally if it receives information giving it a factual basis to conclude that the Contractor has violated or caused the Customer to violate the Contract, and

c) in the event of termination of this Agreement for the above reason, the Customer may refrain from paying any amounts due to the Contractor, or recover from the Contractor a penalty in the amount equal to the amount earned or which will be earned by the Contractor in relation to a transaction or issue in which the Contractor violated or brought the Customer to violation of the Land Code, as well as the amount of any costs, fines, penalties that the Customer is forced to pay as a result of such actions of the Contractor.

VALIDITY OF THE AGREEMENT, DETAILS AND SIGNATURES OF THE PARTIES

7.1. The agreement comes into force from the date of its signing by both parties and is valid until the parties fully fulfill their obligations.

7.2. This Agreement is signed in two copies, both copies have equal legal force.

7.3. Addresses and details of the parties:

CONTRACTOR: CUSTOMER:

LLP Language Center " Mr. English » ­­­­­­­­­­­­­­

Tel.: 8 (71– 62 – 63 ___

_______________________________ ___________________________________

_______________________________ ___________________________________

_______________________________

Application

to Agreement No. ____

COURSE PROGRAM

CONTRACTOR: CUSTOMER:

LLP Language Center " Mr. English » ­­­­­­­­­­­­­­

Republic of Kazakhstan, Astana, ___________________________________

st. Imanbaeva 8, office No. 10 ___________________________________

_______________________________ ___________________________________

_______________________________ ___________________________________

_______________________________ ___________________________________

_______________________________

Director of Jalkomov CUSTOMER:

___________________ ___________________

Application

to Agreement No. ____

for teaching English

TIMETABLE OF CLASSES

CONTRACTOR: CUSTOMER:

LLP Language Center " Mr. English » ­­­­­­­­­­­­­­

Republic of Kazakhstan, Astana, ___________________________________

st. Imanbaeva 8, office No. 10 ___________________________________

Tel.: 8 (71– 62 – 63 __________________________________

_______________________________ ___________________________________

_______________________________ ___________________________________

_______________________________ ___________________________________

_______________________________

Director of Jalkomov CUSTOMER:

___________________ ___________________

provision of employee training services in a person acting on the basis, hereinafter referred to as " Customer", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Executor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. This agreement governs the relations of the Parties regarding the conclusion in the future of contracts for the provision of educational services for training the Customer’s employees (hereinafter referred to as the Students).

1.2. These agreements are formalized by the Parties signing the corresponding annex to this agreement (hereinafter referred to as the Application). The number of Applications is not limited.

1.3. Under agreements for the provision of educational services concluded in accordance with this agreement, the Contractor undertakes to provide educational services to Listeners, and the Customer undertakes to pay for the services provided.

1.4. In the Application, the Parties agree on: the name of the services, terms of provision of services, list of Listeners, cost of services and place of provision of services, as well as other conditions for the provision of services.

1.5. All essential terms of the agreement for the provision of educational services are considered agreed upon by the Parties from the moment they sign the Application.

1.6. This agreement and the Application signed by the Parties contain all the terms of the agreement for the provision of educational services.

1.7. In the event of a conflict between the terms of the Application and the terms of this agreement, the conditions specified in the Application apply.

2. PROCEDURE FOR APPROVAL OF APPLICATIONS AND PROVISION OF SERVICES

2.1. Approval of Applications (conclusion of agreements for the provision of educational services) is carried out by the Parties by signing the original Application by duly authorized representatives of the Parties.

2.2. The Customer, no later than business days before the expected date of commencement of the provision of services, sends to the Contractor by fax or e-mail a copy of the Application completed and signed by the Customer.

2.3. The application must contain the following information:

  • Number, date, name of the Application.
  • Reference to the name, number and date of this agreement.
  • Name of the Customer and Contractor.
  • Name of services provided.
  • List of the Customer's employees sent for training (indicating the Last Name, First Name, Patronymic; date, month and year of birth; position of each Customer employee sent for training).
  • Terms of service provision.
  • Place of service provision.
  • Cost of services.
  • Last name, first name, patronymic, position, signature of the Customer’s representative indicating the basis of his authority (details of the power of attorney), seal of the Customer.
The application may contain other information.

2.4. If the Application does not contain any of the information specified in clause 2.3 of this agreement, the Application is considered not provided by the Customer.

2.5. If the Contractor agrees to conclude an agreement for the provision of educational services on the terms proposed by the Customer in the Application, within working days from the date of receipt of the Application, he signs and sends to the Customer by fax or e-mail a copy of the agreed Application.

2.6. If it is impossible to fulfill the Application on the terms proposed by the Customer in the Application, the Contractor, within working days from the date of receipt of the Application, notifies the Customer about this and indicates the possible conditions for the provision of educational services.

2.7. Applications are accepted by the Parties at the fax numbers and email addresses specified in this agreement.

2.8. If, within working days from the date of receipt of the Application from the Customer, the Contractor does not send to the Customer by fax or e-mail a copy of the signed Application or a notice of the impossibility of fulfilling the Application on the terms proposed by the Customer, the Customer’s proposal to conclude an agreement for the provision of training services is considered rejected by the Contractor.

2.9. The Contractor has the right to refuse to conclude an agreement for the provision of training services without giving reasons.

2.10. After the Application is signed by the Parties, its terms and information contained therein may be changed only with the written consent of the Parties.

2.11. The parties send each other original signed copies of the Application within working days from the date of approval of the Application by the Contractor.

2.12. In the event of the arrival of Listeners in a different number than was agreed upon by the Parties in the Application, the provision of training services for these listeners is carried out on conditions separately specified and agreed upon by duly authorized representatives of both Parties.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The customer undertakes:

3.1.1. Monitor and ensure the attendance of Listeners to classes in the number, terms, time and place established in the Application.

3.1.2. Ensure that Students comply with the requirements of the Charter and other local regulations of the Contractor relating to the educational process, as well as academic discipline, generally accepted standards of behavior, and fire safety requirements in force at the place of service provision.

3.1.3. Ensure that Listeners treat property belonging to the Performer with care.

3.1.4. Notify the Contractor in writing about the non-arrival of the Listeners by the start date of the provision of services under the Application no later than business days before the start of the provision of services. If the Customer fails to notify the Contractor about the non-arrival of the Listeners or notifies less than working days before the start of the provision of services, the services are considered not provided due to the fault of the Customer.

3.1.5. Notify the Contractor in writing of the Listeners being late for the start of the provision of services under the Application within a reasonable time before the start of the provision of services. If the Customer fails to notify the Contractor of the Listeners’ lateness or notifies less than hours before the start of services, the services are considered not provided due to the Customer’s fault.

3.1.6. In the event of damage and/or destruction by the Listeners of property belonging to the Contractor, the Customer undertakes to fully compensate the Contractor for losses caused as a result.

3.1.7. Accept the services provided by the Contractor under the Application in the manner and within the time limits established by this agreement.

3.1.8. Pay for the services provided by the Contractor under the Application in the amount and terms established by this agreement and the Application.

3.2. The customer has the right:

3.2.1. Contact the Contractor with questions regarding the provision of services under the Application.

3.2.2. Receive information about the progress of Students.

3.3. The Contractor undertakes:

3.3.1. Organize and ensure proper provision of services in the volumes and terms specified in the Application.

3.3.2. Provide Students with the opportunity to use classrooms and use the Contractor’s library and information resources to the extent necessary to master the chosen educational program.

3.3.3. At the Customer’s request, provide the necessary information on issues related to the provision of services under the Application and the progress of the Listeners.

3.3.4. If the Listeners fail to fulfill the established volumes of the training load for good reasons, including the failure of the Listeners to pass the current and/or final forms of knowledge control, provide the Listeners with the opportunity to retake exams or tests or testing once in the manner established by the Contractor.

3.3.5. Issue to the Customer documents confirming the completion of training and the acquired level of knowledge by the Trainees, provided that the Trainees fully complete the training program, successfully pass the control of the level of knowledge, and also subject to timely and full payment of the cost of services under the Application.

3.4. The performer has the right:

3.4.1. Independently carry out the educational process, choose assessment systems, forms, procedures and frequency of intermediate and final certification of Listeners, apply incentive measures to Listeners and impose penalties within the limits provided for by the Contractor’s Charter, as well as in accordance with the Contractor’s local regulations.

3.4.2. Independently select teachers to conduct classes and replace them if necessary.

3.4.3. Require the Customer to ensure the attendance of Students for classes in the number, terms and time established in the Application.

3.4.4. Require the Customer to comply with the requirements of the Charter and other local regulations of the Contractor regarding the educational process, as well as academic discipline, generally accepted standards of behavior, fire safety requirements in force at the place of provision of services.

3.4.5. Do not allow Students to take the final knowledge test if they have arrears in paying the cost of services under the Application.

3.4.6. Require from the Customer timely and full payment of the cost of services under the Application.

3.4.7. Require the Customer to timely accept the services provided under the Application.

3.4.8. In cases where the Listener misses classes two or more times without a valid reason, the Listener is in a state of alcohol, drug or other toxic intoxication during class, the Listener fails to pass the final forms of knowledge control, the Listener violates the requirements of the Charter and other local regulations of the Contractor relating to the educational process, violation The listener's instructions from the Contractor's representatives, academic discipline, generally accepted rules of behavior and safety regulations in force at the place of provision of services, the services under the Application are considered not subject to execution due to the fault of the Customer, and the Contractor has the right to remove the Listener from classes by notifying the Customer in writing within a reasonable time period, while the cost of services under the Application is not revised by the Contractor (recalculation is not made) and is not refundable.

3.4.9. Valid reasons for missing classes under this agreement are:

  • the Listener's business trip, confirmed by a copy of the travel certificate, certified by the signature and seal of the employer;
  • the Listener’s illness, confirmed by a copy of the sick leave certificate, certified by the signature and seal of the medical institution.

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of services is agreed upon by the Parties in the application.

4.2. Operations for the provision of services are not subject to VAT on the basis of paragraphs. 14 clause 2 of article 149 of the Tax Code of the Russian Federation.

4.3. The Customer undertakes to make a 100% prepayment of the cost of the Contractor's services under the Application no later than business days from the moment the Parties sign the Application.

4.4. The moment the Customer fulfills the terms of payment for the cost of services is the date of receipt of funds to the Contractor's bank account.

4.5. The form of payment under this agreement is non-cash funds. The currency of settlements under this agreement is the ruble of the Russian Federation. By agreement of the Parties, other payment methods are possible, not prohibited by the current legislation of the Russian Federation.

5. PROCEDURE FOR ACCEPTANCE AND DELIVERY OF SERVICES PROVIDED

5.1. The Contractor, no later than the day of the month following the month in which the services were provided, draws up and sends to the Customer an Acceptance Certificate for the services provided, which indicates the name of the services provided, the number of trained Listeners, the start and end dates for the provision of services, and the cost of the services provided.

5.2. The Customer, no later than business days from the date of receipt of the Certificate of Acceptance of Services Rendered, is obliged to send to the Contractor a signed Certificate of Acceptance of Services Rendered or a reasoned refusal to sign the Certificate of Acceptance of Services Rendered.

5.3. In the event of an unmotivated refusal by the Customer to sign the Acceptance Certificate for services rendered or the Customer’s delay in signing the Acceptance Certificate for services provided beyond the period established in clause 5.2 of this agreement, the Contractor has the right to sign the Acceptance Certificate for services rendered unilaterally, which (Acceptance Certificate - acceptance of services) from the moment it is signed by the Contractor is a confirmation of the fact of proper (without defects) provision of services by the Contractor and acceptance (without claims) of services by the Customer.

6. RESPONSIBILITY OF THE PARTIES

6.1. The party that fails to fulfill or improperly fulfills its obligations under this agreement or in connection with it shall be liable in accordance with the current legislation of the Russian Federation and this agreement.

6.2. In case of non-fulfillment or improper fulfillment by the Customer of the obligation to timely and fully pay the cost of the Contractor’s services, the Contractor has the right to collect from the Customer a penalty in the amount of % of the amount owed for each day of delay.

6.3. The Parties have agreed that the sanctions established by this agreement for non-fulfillment or improper fulfillment of contractual obligations by the Parties are punitive in nature, that is, losses caused to a Party by non-fulfillment or improper fulfillment of contractual obligations by the other Party may be recovered in full in excess of the penalties provided for in this agreement .

6.4. Payment of penalties and compensation for losses does not relieve the Parties from fulfilling their obligations in kind.

6.5. The Contractor is not responsible for the failure or unsatisfactory completion of intermediate and/or final forms of knowledge control by students, and, as a result, the failure of students to receive a standard certificate confirming completion of training and the level of knowledge obtained.

7. FORCE MAJEURE CIRCUMSTANCES

7.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement and Applications, if this failure was a consequence of force majeure circumstances that arose after the conclusion of this agreement as a result of extraordinary circumstances that the parties could not foresee or prevent. If these circumstances occur, each party must immediately notify the other party about them in writing. The notice must contain information about the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the party’s ability to fulfill its obligations under this agreement. If a party does not send or sends the specified notice untimely, then it is obliged to compensate the other party for the losses it has incurred.

7.2. In cases of force majeure circumstances, the period for the party to fulfill its obligations under this agreement is postponed in proportion to the time during which these circumstances and their consequences last.

7.3. If the circumstances listed in clause 7.1 of this agreement and their consequences continue to apply for more than one month, the Parties shall conduct additional negotiations to identify acceptable alternative ways of fulfilling this agreement.

8. PROCEDURE FOR SETTLEMENT OF DISPUTES

8.1. The Parties will strive to resolve all disputes and disagreements under this Agreement through pre-trial proceedings: through negotiations, drawing up the necessary protocols, additions and amendments to this Agreement and/or the Application.

8.2. If it is impossible to resolve disputes and disagreements through pre-trial proceedings, disputes and disagreements between the Parties are subject to consideration in the Arbitration Court at the location of the Contractor.

9. PRIVACY

9.1. The Parties hereby agree that all documents and information transmitted under this agreement and in connection with its execution will be considered confidential (“Confidential Information”), unless otherwise agreed by the Parties.

9.2. Confidential information may not be transferred or disclosed to third parties without the prior written consent of the Party that transferred such information.

9.3. The provisions of this paragraph do not apply to cases of mandatory disclosure of information in accordance with applicable law, in particular, at the request of authorized government bodies. In any case, the Party that is obliged to disclose Confidential Information in accordance with this paragraph is obliged to immediately, prior to the disclosure of Confidential Information, notify the request for disclosure of Confidential Information to the other Party and take all measures to prevent the disclosure of Confidential Information and verify the validity of such a requirement for disclosure of Confidential Information information.

9.4. Confidential information may be available only to those Employees who need Confidential Information to perform their official (labor) duties. At the same time, each of the Parties ensures that its Employees comply with the confidentiality regime in accordance with this paragraph.

9.5. In the event of disclosure of information of a confidential nature, resulting in damage to any of the Parties, the guilty Party is obliged to compensate for the resulting losses.

10. OTHER CONDITIONS

10.1. The Agreement comes into force from the moment it is signed by the Parties and is valid until “” 2019.

10.2. If, calendar days before the expiration of this agreement, neither Party declares its termination, this agreement is considered extended for the same period under the same conditions. In accordance with the procedure established by this paragraph, this agreement can be extended an unlimited number of times.

10.3. The Parties undertake to ensure compliance with the legislation in force in the Russian Federation regulating the protection of information/personal data by their employees (employees) in relation to information transmitted and/or received by the Parties as part of the performance of their obligations under this agreement.

10.4. If one Party, when fulfilling its obligations under this agreement, gains access to personal data of employees of the other Party or persons associated with the other Party through civil law relations (“Personal Data”, “Employees” and “Receiving Party”, respectively), such the other Party (“Transmitting Party”) grants the Receiving Party the right to process Personal Data. At the same time, the Receiving Party undertakes to process Personal Data in good faith, in accordance with the requirements of the current legislation of the Russian Federation and for purposes consistent with the fulfillment of obligations under this agreement, to ensure adequate protection and confidentiality of Personal Data.

10.5. The Customer undertakes to obtain the written consent of its Employees for the transfer and processing of their Personal data by the Contractor in accordance with the requirements of the current legislation of the Russian Federation.

10.6. Under this agreement, the Customer may, on his own and on his territory, organize and conduct industrial training for Listeners. To guide the on-the-job training, the Customer appoints trainees from among highly qualified workers or specialists (on-the-job training supervisor). The conditions for conducting on-the-job training for trainees are agreed upon by the Parties in the assignment.

10.7. The Agreement may be concluded by exchanging documents by fax or other communication, at the addresses, fax numbers specified in this Agreement, or other address communicated by one Party to the other Party in writing. The risk of distortion of the text of a document sent by fax or other communication is borne by the Party sending the document.

10.8. By signing this agreement, the relevant persons confirm that they are authorized to sign this agreement on behalf of their companies/organizations. They also confirm that the company/organization on whose behalf they are signing this agreement agrees to follow and comply with the terms and conditions of this agreement.

10.9. All documents transmitted by fax or other communication, signed by both Parties, are considered valid until the original documents are received. Original documents are sent no later than business days from the date of their signing.

10.10. Any agreements of the Parties to supplement and/or change the terms of this agreement are valid and are an integral part of this agreement if they are in writing, signed by the Parties and sealed by the Parties.

10.11. The Contractor has the right, without the Customer’s consent, to transfer its rights and obligations under this agreement to a third party. The Customer has the right to transfer its rights and obligations under this agreement to a third party only with the written consent of the Contractor.

10.12. All correspondence of the Parties sent to the addresses of the Parties specified in this agreement will be considered sent to the proper address unless one Party notifies the other Party in writing of a change in its address (in this case, the change of address will be considered mandatory for the Party from the moment it receives such written notices to the other Party). All correspondence sent to the addresses of the Parties and returned with a note from the telecom operator about the absence of the addressee is considered received by the Party from the date of provision of the above mark, or in the event of failure by the telecom operator to return the receipt of receipt - upon the expiration of calendar days from the date of transmission by one Party of a registered letter to the telecom operator for delivery to the other Party.

10.13. In case of changes in the details of the Parties (postal, banking, shipping, shipping, etc.), registration information (legal address, TIN, KPP, OKVED, etc.), reorganization, change of name, form of ownership, legal form The parties are obliged to inform each other about this within working days from the moment such circumstances arise. The Party that has not notified the other Party about these circumstances bears the risk of property liability for losses and other adverse consequences caused to the other Party as a result.

10.14. Relations between the Parties that are not regulated by this agreement are regulated by the current legislation of the Russian Federation.

10.15. At the time of signing, this agreement was drawn up in 2 copies having equal legal force, one copy for each of the Parties.

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Executor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

12. SIGNATURES OF THE PARTIES

Customer_________________

Performer _________________

Please note that the service agreement was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

A contract for the provision of paid services is an agreement under which one party (the contractor) undertakes, on the instructions of the other party (the customer), to provide services (perform actions or carry out certain activities), and the customer undertakes to pay for these services.

Offer - a proposal to conclude a transaction, which sets out the essential terms of the contract, addressed to a specific person, a limited or unlimited number of persons. If the recipient (addressee) accepts the offer (expresses consent, accepts it), this means the conclusion of the proposed agreement between the parties on the terms specified in the offer.

From these definitions, we can conclude that an agreement for the provision of educational services differs from an offer agreement - an agreement for the provision of services comes into force only after its conclusion, and an offer agreement is only an offer to conclude an agreement for the provision of services.

Acceptance of an offer implies full and unconditional acceptance of the terms of the offer through actions by the Customer expressing the intention to enter into an agreement for the provision of services with the Contractor.

Parties to contract offer for vocational training are the Customer and the Contractor, and, as in a standard contract for the provision of paid services, the Contractor provides vocational training services, and the Customer undertakes to pay for these services in the manner, amount and terms stipulated by the offer agreement.

Structure and content of a standard sample contract offer for vocational training

  1. General provisions. The clause of the agreement contains information about the Contractor providing vocational education services, to whom the offer may be addressed - any person or a certain circle of persons, as well as the conditions for acceptance of the offer by the Customer.
  2. Subject of the contract for vocational training. In accordance with the terms of the offer agreement, the contractor undertakes to provide vocational training services, and the customer undertakes to pay for the services. Descriptions of the types, names and methods of implementation of educational programs are included in a separate document - the Training Program, and their cost is indicated in the Price List. The training program and price list are an integral part of standard sample contract offer for vocational training. In addition, the paragraph describes the rules of acceptance and requirements for the Customer, if any.
  3. Acceptance period, contract validity period. This paragraph indicates the period for acceptance, or, if the offer is offered for an indefinite period, it indicates that the period of acceptance is unlimited.
  4. Terms of service provision. The duration of training is set in accordance with the Training Program. The specific time, number and dates of classes are included in a separate document - the Class Schedule, which is an integral part of the Offer Agreement.
  5. Rights and obligations of the parties. The clause contains information about the rights and obligations of the parties under the offer agreement.
  6. Transferring classes and missing classes. The paragraph describes the procedure for rescheduling classes and missing classes.
  7. Procedure for delivery and acceptance of services. The clause describes the procedure for the Contractor to transfer documents on completion of the full course of training and successful certification to the Customer.
  8. Cost of services. The total cost of training services is calculated from the cost of the educational programs selected by the customer in the Training Program application in accordance with the Price List.
  9. Payment procedure. The procedure and method of payment can be specified in the text of the agreement, or it can be included in a separate document - Payment Schedule.
  10. Responsibility of the parties. The responsibility of both parties for improper fulfillment of obligations or refusal to fulfill them is prescribed.
  11. Grounds and procedure for terminating a training contract. The clause describes the conditions under which the parties can terminate the contract unilaterally
  12. Resolution of disputes arising from the contract. The procedure for pre-trial and judicial settlement of disputes is described. To resolve such issues, you can use the procedures and documents contained in the FreshDoc.Claims section.
  13. Force Majeure.
  14. Other conditions.
  15. List of applications.
  16. Contractor details and contact information.

Download a standard sample contract offer for vocational training available in our online service. The following additional documents are also attached to it:

  • Class schedule;
  • Price-list;
  • Payment schedule;
  • Additional agreement to the contract;
  • Protocol of disagreements;
  • Protocol for reconciliation of disagreements.

Contract offer for vocational training

General provisions

1.1.

Hereinafter referred to as , in the person acting on the basis of , addresses this Offer Agreement (hereinafter referred to as the Offer Agreement) to a certain circle of persons specified in clause. 1.2 Agreement (hereinafter referred to as - ).

1.3.

The offer agreement is an official proposal (offer) to conclude an agreement for the provision of information and consulting services (hereinafter referred to as the Services) and contains all the essential terms of the agreement for the provision of information and consulting services (hereinafter referred to as the Agreement).

1.4.

Acceptance of the Offer Agreement is payment for the Services in the manner, amount and terms specified in the Offer Agreement.

1.5.

By accepting the Offer Agreement in the manner specified in clause. 1.4 of the Offer Agreement, guarantees that he has read, agrees, fully and unconditionally accepts all the terms of the Agreement in the form in which they are set out in the text of the Offer Agreement, including in the appendices to the Offer Agreement, which are an integral part of the Offer Agreement.

1.6.

Understands that acceptance of the Offer Agreement in the manner specified in clause. 1.4 An offer agreement is equivalent to concluding an Agreement on the terms and conditions set out in the offer agreement.

1.7.

By taking actions to accept the Offer Agreement, he guarantees that he is authorized and has the legal rights to enter into contractual relations with.

1.9.

The right to make changes to the terms of the Offer Agreement at any time. Changes to the terms of the Offer Agreement begin to take effect from the moment they are published on the Site.

1.11.

The offer agreement does not require sealing and/or signing (hereinafter referred to as the Parties), while maintaining full legal force.

Subject of the agreement

2.1.

In accordance with the terms of the Agreement, he undertakes to provide the Services and undertakes to pay for the Services.

2.2.

The types and names of classes, a list of topics, the form of implementation of classes, the period of provision of Services and other necessary characteristics of classes are indicated in the Training Program, and the cost of classes is indicated in the Price List. The training program and Price List are integral parts of the Offer Agreement.

Undertakes to select the required training session(s) in accordance with the Training Program and Price List.

2.3.

Does not establish any requirements or rules for admission: anyone can use the Services.

2.4.

After the provision of the Services, issues a confirmation of the provision of the Services.

2.5.

Obliges to provide the Services personally.

2.6.

Services are provided via the Internet using .

Acceptance period, contract validity period

3.1.

The period for acceptance is business days from the date of receipt of the Offer Agreement. The deadline for acceptance is considered to be met if acceptance is received within the above deadline.

In cases where a timely sent acceptance is received late, the acceptance is not considered late unless , immediately notifies of receipt of the late acceptance. If he immediately notifies the acceptance of an acceptance received late, the Agreement is considered concluded.

3.2.

The Agreement comes into force from the moment of acceptance and is valid until the Parties fully fulfill their obligations.

Terms of service provision

4.1.

The timing of the provision of Services is agreed upon by the Parties in accordance with the Training Program. The specific time, number and dates of classes are indicated in the Class Schedule (Appendix No. to the Offer Agreement), which is an integral part of the Offer Agreement.

Rights and obligations of the parties

5.1.

Obliges:

5.1.1.

Pay for Services in the manner, amount and terms provided for in the Offer Agreement.

5.1.2.

Treat property with care.

5.1.3.

Comply with the requirements of the Internal Regulations and other local regulations, observe discipline and generally accepted standards of behavior, in particular, show respect for staff and other students, and do not infringe on their honor and dignity.

5.1.4.

Submit all necessary documents and information in a timely manner.

5.1.5.

Compensate for damage caused to property in accordance with Russian legislation.

5.1.6.

Do not use information received from in ways that could lead to harm to the interests of .

5.2.

Obliges:

5.2.1.

Organize and ensure proper provision of Services in accordance with the Training Program, Class Schedule and Offer Agreement.

Comply with the Class Schedule agreed upon by the Parties.

5.2.3.

Provide:

Necessary equipment

5.2.4.

Use all personal data and other confidential information only for the provision of Services, do not transfer or show to third parties the documentation and information about it.

5.2.5.

Show respect for the individual, avoid physical and psychological violence, and do not violate the rights to freedom of conscience, information, and free expression of one’s own opinions and beliefs.

5.2.6.

Provide oral and written advice on additional issues. The complexity of the issue, volume, and timing of consultation are determined in each specific case independently.

5.2.7.

Compensate for damage caused to property in accordance with the legislation of the Russian Federation.

5.3.

5.3.1.

Require the provision of information on the organization and ensuring the proper provision of Services.

5.3.2.

Require proper and timely provision of Services.

5.3.3.

Refuse to perform the Agreement subject to payment of the actual costs incurred by the latter for the provision of Services.

5.3.4.

If you have not started providing the Services in a timely manner or if during the provision of the Services it has become obvious that they will not be provided on time, as well as in the event of a delay in the provision of the Services at your own discretion:

Set a new period during which the provision of Services must begin and (or) complete the provision of Services;

Entrust the provision of Services to third parties for a reasonable price and require reimbursement of expenses incurred;

Request a reduction in the cost of the Services;

Terminate the contract.

5.3.5.

Contact us for all questions related to the provision of Services, as well as ask questions related to the provision of Services.

5.3.6.

Receive complete and reliable information about the assessment of your knowledge, skills and abilities, as well as the criteria for this assessment.

5.4.

5.4.1.

Independently determine the forms and methods of providing Services based on the requirements of the law, as well as the specific terms of the Offer Agreement, taking into account the wishes.

5.4.2.

Independently determine the rating system for the provision of Services, the forms and procedure for evaluation.

5.4.3.

Independently determine the composition of specialists providing Services and, at its own discretion, distribute work between them.

5.4.4.

Demand payment for Services provided or provided.

5.4.5.

Refuse to perform the Agreement subject to full compensation for losses in accordance with Russian legislation.

5.4.6.

Receive from any information necessary to fulfill your obligations under the Offer Agreement. In case of failure to provide or incomplete or incorrect provision of information, it has the right to suspend the fulfillment of its obligations under the Offer Agreement until the required information is provided.

Transferring classes and skipping classes

6.1.

The right to reschedule the lesson for another time. In this case, he is obliged to notify about this no less than before the start of the lesson in the following order and in the following way: . In this case, classes are considered postponed and are held at another time agreed upon by the Parties.

6.2.

If he cannot conduct a lesson, he is obliged to notify one working day before the lesson and reschedule the lesson to a convenient time.

6.3.

If you do not come to class at the set time and have not rescheduled your class, you must wait for a few minutes. In case of failure to appear at the time established in this paragraph, the lesson is considered missed due to fault and is not rescheduled to another time.

Procedure for delivery and acceptance of services

7.1.

Within working days from the date of provision of the Services, I am obliged to provide:

Confirming the provision of Services.

7.3.

Within working days from the date of receipt of the documents specified in clause. 7.1 The offer agreement, in full and duly executed, is obliged to either accept the services specified in the Act by signing the Act, or send written reasoned objections to the Act.

7.4.

The parties have agreed that if, within working days from the date of receipt of the documents specified in paragraph. 7.1 of the Offer Agreement, did not submit written motivated objections to the Act by hand or by registered mail, the Act is considered signed, and the Services specified in the Act are considered accepted.

7.5.

The period for eliminating deficiencies is working days from the date of receipt of a written reasoned objection specified in paragraph. 7.3 Offer agreements.

7.6.

Services are considered to be provided properly if the Parties sign the Act only if all documents specified in clause are transferred. 7.1 Offer agreements.

Cost of services

8.1.

The total cost of the Services is calculated from the cost of the selected classes in the Training Program in accordance with the Price List.

8.2.

The total cost of the Services can be changed only by signing an additional agreement to the Agreement.

Payment procedure

9.1.

Payment for Services under the Agreement is made in the amount of () rub. incl. VAT % in the amount () rub. no later than estimated.

9.2.

Payment method under the Agreement: transfer of funds using the Yandex payment acceptance system. Money, using the WebMoney Transfer system, using the QIWI Wallet system and other electronic payment systems specified.