Agreement No. _______
for the provision of equipment placement services
, "Svyaztransneft" - Verkhnevolzhskoe PTUS" Andrey Vasilievich Sviridov, acting on the basis of power of attorney No. 35 dated 01/01/2001, hereinafter referred to as the "Customer", on the one hand, and _____________________________________________, on behalf of and on behalf of whom, on the basis of ______________________________________________________________ , hereinafter referred to as the “Contractor”, represented by _______________________________________________, on the other hand, have entered into this Agreement as follows:
1. Subject of the agreement
1.1. The “Contractor” undertakes to provide the “Customer” with services to provide the possibility of placing and operating equipment in accordance with technical specifications on antenna mast structures and in hardware containers located at:
2.1.4. The “Contractor” has the right to change the amount of payment for services provided under this agreement no more than once a year.
In the event of a change in the amount of the fee, the Contractor is obliged to notify the Customer in writing two months before the start of the billing month from which the amount of the fee changes.
2.1.5. Upon receipt of an advance payment, the Contractor is obliged to submit an invoice for the amount of the received advance payment, drawn up in accordance with current legislation.
2.2. The customer is obliged:
2.2.1. Use equipment locations strictly in accordance with clause 1.1. of this Agreement.
2.2.3. When operating the equipment, comply with all rules and regulations that determine the procedure for performing the specified work.
2.2.4. Provide, at the request of the “Contractor,” documents confirming the approval of the issue and receipt of permission to install equipment from the relevant authorities authorized to issue such permits.
2.2.5. Notify the “Contractor” in writing about the upcoming vacation of accommodation, both ahead of schedule and after the expiration of this Agreement, but no less than two months before the upcoming vacation.
2.2.6. Bear responsibility for full compensation of damage in the event of damage to accommodations due to the fault of the “Customer”. In this case, the “Customer” carries out repair work at his own expense.
2.2.7. Ensure fire safety measures at equipment locations and bear responsibility for full compensation for damage in the event of a fire.
3. Payments and settlements under the agreement
3.1. The parties agreed that for the provision of places for placing equipment, the “Customer” pays the “Contractor” a monthly fee in the amount of ________________________________________________________________________________
3.2. For the use of the places specified in clause 1.1 of the agreement, the fee provided for in clause 3.1. is paid by transferring funds to the settlement account of the “Contractor” within 10 working days of the month following the settlement month, based on the invoice, invoice and after the parties have signed the service acceptance certificate. Services for an incomplete month are paid in proportion to the number of days of use.
4. Responsibility of the Parties and termination of the agreement
4.1. In case of late payment, in accordance with clause 3.2. of the Agreement, the “Contractor” has the right to collect a penalty from the “Customer” at the rate of 0.25% of the amount not paid on time for each day of delay, but not more than 10% of the amount of the overdue payment.
4.2. In the event of failure or improper fulfillment by one of the parties of the obligations assumed under this Agreement, this party shall compensate the other party in full for the losses caused in addition to paying the penalties established in this Agreement.
4.3. The Agreement may be terminated in the manner and on the grounds provided for by the current legislation of the Russian Federation and this Agreement.
4.4. In the event of termination of the Agreement, the Parties are obliged to pay for their obligations that arose before the date of termination of the agreement.
4.5. The “Contractor” is not responsible for the death or damage to the “Customer’s” property if such death (damage) was not his fault.
5. Dispute resolution procedure
5.1. All disputes, disagreements and claims arising from or in connection with this Agreement, including those related to its conclusion, amendment, execution, termination, termination and validity, shall be resolved in the Arbitration Court.
6. Privacy
6.1. The terms of this Agreement, any information, documentation and other materials received by one Party during the execution of this Agreement or with the assistance of the other Party, with the exception of information published by the media or information that cannot be considered a trade secret in accordance with the legislation of the Russian Federation (in particular information on judicial arbitration cases), is recognized as confidential (hereinafter referred to as Confidential Information), that is, not subject to publication, transfer to third parties or disclosure in any other way by one Party without the consent of the other Party.
6.2. The parties take all necessary measures to prevent disclosure of Confidential Information or familiarization with it to third parties without the consent of each party. Only those employees who are directly related to the execution of the contract may be acquainted with Confidential Information.
6.3. The “Customer” undertakes to ensure the safety of the original documents received from the “Contractor”, and is also responsible to the “Contractor” for unauthorized disclosure of Confidential Information during the validity period.
7. Validity period, changes and additions to the agreement
7.1. This Agreement comes into force on ________________________________________________
7.2. Changes and additions to the terms of this Agreement are formalized by additional agreements.
7.3. The Customer has the right to refuse services under this agreement by notifying the Contractor in writing no later than one calendar month in advance.
8. Final provisions
8.1. If any of the parties changes their address, name and bank details, they are obliged to notify the other party in writing within 10 (ten) working days. The specified written notice becomes an integral part of this agreement. If a party does not receive a notice, the addresses, names, and bank details of the parties specified in the Agreement are considered correct.
8.2. Neither party has the right to transfer its rights and obligations under this Agreement to a third party without the prior written consent of the other party.
8.3. In all other respects that are not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
8.4. Correspondence and payments sent (listed) to the details specified in this Agreement will be considered duly sent (listed), unless one of the Parties sends a written notification to the other party about a change in its details.
8.5. For the purpose of complying with the provisions of this Agreement, the Parties will use the details specified in section 9.
8.6. Attachment to agreement:
1. Appendix “Equipment layout layout at the BS (Volot village)”;
2. Appendix a “Equipment layout at the BS (Moika village)”;
3. Appendix “Act on placement of equipment”.
9. Addresses, bank details and signatures of the Parties:
Application
to the Agreement ____________ dated _______________.
Layout of equipment location at the BS (Volot settlement)
684 " style="width:512.75pt;border-collapse:collapse">
Appendix a
to the Agreement ___ dated ___.
Layout of equipment location at the BS (Moika village)
684 " style="width:512.75pt;border-collapse:collapse">
Open Joint Stock Company "Svyaztransneft"
Application
to the Agreement ____________ dated ______________
equipment placement
, "Svyaztransneft" - Verkhnevolzhskoe PTUS" Andrey Vasilievich Sviridov, acting on the basis of power of attorney No. 35 dated 01/01/2001, hereinafter referred to as the "Customer", on the one hand, and ______________________________, on behalf and on behalf of whom, on the basis of ___________________________________________, hereinafter referred to as the “Contractor”, represented by _____________________________________, acting on the basis of ____________________________________________, on the other hand, signed this Equipment Placement Certificate:
In accordance with the terms of Agreement No. _____________ dated "________" ___________________. The Customer placed the following equipment at the Contractor's facilities:
Name, address of the object | Equipment name | Location |
|
Antenna DP 2 -1 piece Antenna Y5 – 1 pc. | Novgorod region, Volot village |
||
|
n. Moika village | Antenna – 2 pcs. Rack 19’ with VHF radio communication equipment – 1 pc. | Novgorod region, Moika village |
1. The objects are in good condition, comply with the terms of the Agreement and can be used for their intended purpose.
2. This act comes into force from the date of its signing by the parties and is an integral part of Agreement No. _____________ dated “_______” _____________
Moscow Government
DEPARTMENT OF INFORMATION TECHNOLOGY OF THE CITY OF MOSCOW
ORDER
On approval of a standard form of agreement for the placement of a base station for mobile radiotelephone communications
In accordance with paragraph 3 of the order of the Moscow Government dated November 29, 2012 N 752-RP “On approval of the List of state-owned objects of the city of Moscow for the priority placement of mobile radiotelephone communication facilities”, in order to use a uniform approach to regulating legal relations arising during the placement of base station equipment mobile radiotelephone communications at state-owned facilities in the city of Moscow:
1. Approve as a methodological recommendation for copyright holders of city property objects in the city of Moscow, including those included in the List of state property objects of the city of Moscow for the priority placement of equipment for base stations of mobile radiotelephone communications (approved by order of the Department of Information Technologies of the city of Moscow dated August 19, 2013 N 64 -16-323/13), the recommended form of agreement for the placement of a base station for mobile radiotelephone communications in accordance with the appendix to this order.
2. Head of the Communications Department Samarin A.V. ensure that this order is posted on the official website of the Moscow Department of Information Technologies.
3. Entrust control over the implementation of this order to the deputy head of the Department of Information Technologies of the city of Moscow Gorbatko A.V.
Head of Department
A.V. Ermolaev
Application. Agreement for placement of mobile radiotelephone base station equipment
Application
at the disposal of the Department
information technologies of the city of Moscow
dated December 2, 2015 N 64-16-473/15
Contract for the placement of mobile radiotelephone base station equipment N _______________
"___"_____________ 201__ |
Hereinafter referred to as the "Lessor", represented by ___________________, acting on the basis of _______________, on the one hand, and ___________________, hereinafter referred to as the "Tenant", represented by ____________________, acting on the basis of _______________, on the other hand, collectively hereinafter referred to as the "Parties" , have entered into this Agreement as follows:
1. Subject of the Agreement
1.1. The Lessor undertakes to provide the Tenant for temporary possession and use of _____________ (room/part of the roof/part of the wall, etc.) area ___ sq.m in the building located at the address: ______________ (hereinafter referred to as the Area) for the purpose of placing mobile radiotelephone communications base station equipment (hereinafter referred to as - communication equipment) in accordance with the Communication Equipment Layout Diagram (Appendix No. 1), and the Tenant undertakes to pay rent in the manner and within the terms established by this Agreement.
1.2. Until the Lessor is provided with a certificate of registration of the radio-electronic device and a sanitary-epidemiological conclusion for the operation of the transmitting radio technical facility, the operation of a mobile radiotelephone communication base station is not permitted.
1.3. The area belongs to the Lessor by right ________________ (indicate the type of right under which the area transferred for use belongs to the Copyright Holder), which is confirmed by _______________ (indicate the details of the document confirming this right).
2. Duration of the Agreement
2.1. This Agreement comes into force from the date of its signing by the Parties and is valid until ______________.
2.2. If neither party, 3 (three) months before the expiration of the Agreement, notifies the other Party in writing of the refusal to renew (extend) it for a new term and, accordingly, terminate the Agreement by its validity period, then the Agreement is considered renewed for a new term for the same conditions.
2.3. The tenant has a priority right over other persons to conclude an agreement for a new term.
3. Procedure and terms of settlements
3.1. Settlements between the Parties are carried out monthly on the basis of the Certificate of Services Rendered. Every month, before the 5th (fifth) day of the month following the Reporting Period, the Lessor provides the Lessee with a Certificate of Services Rendered and an invoice.
The Reporting Period means the calendar month in which the ownership and use of the Area was carried out.
3.2. The price of this Agreement is calculated in the manner established by Decree of the Moscow Government dated December 25, 2012 N 809-PP “On the main directions of rental policy for the provision of non-residential premises located in the property treasury of the city of Moscow”, and is _______ rubles per month, including VAT (18% ).
3.2.1. The price of the Agreement includes compensation for the Lessor's expenses in connection with providing the Lessee with:
- the ability to carry out design, construction and installation work in the premises (including structural elements of the building, roof) necessary for connecting communication equipment;
- the ability to connect the Tenant’s Equipment to the power supply network and its uninterrupted operation;
- coordination of working documentation and detailed design for the Tenant to carry out the necessary work;
- unimpeded access to communication equipment installed in the building, to all elements of internal cable wiring, including floor-level cross-connection cabinets and embedded devices for external communication cables for the purpose of laying fiber-optic cable for the operation of communication equipment;
- interaction with internal departments of fire safety and security control of communication equipment;
- necessary utilities and operational services, including cleaning of the premises, fire alarms, as well as all other payments that may occur in relation to the provided Area (with the exception of electricity supply).
3.3. Additionally, the Tenant pays for the electricity actually consumed by him during the Reporting Period, the cost of which is calculated based on the readings of metering devices installed by the Tenant at his own expense and the tariffs of the electricity supplier.
3.3.1. If an agreement is concluded with an energy supplying organization directly, the Tenant shall independently pay for the electricity consumed by him in accordance with the energy supply agreement, of which he notifies the Lessor in writing no later than 5 business days from the date of signing the relevant agreement with the energy supplying organization, attaching a copy of such agreement.
3.4. Payment under the Agreement begins to accrue from the date of placement of communication equipment in the location agreed upon by the Parties, which is confirmed by the signing by the Parties of the Acceptance and Transfer Certificate for the Area.
3.5. The Tenant pays the Payment under the Agreement monthly during the first 10 (Ten) banking days of the billing month.
3.5. The Tenant pays the Payment under the Agreement by bank transfer to the bank account specified in clause 9 of the Agreement.
3.6. In the event of impossibility of performance due to the fault of the Tenant, payment for the Reporting Period is made by the Tenant in full.
3.7. Changing the amount of the Fee under the Agreement may be carried out with the written consent of the Parties, except for the case provided for in clause 3.7.1 of this Agreement.
3.7.1. The amount of the Payment under the Agreement may be changed by the Lessor unilaterally by sending to the Tenant a preliminary (30 days in advance) written notice of a change in the payment under the Agreement in the event of a change in the rental policy of the Moscow Government in relation to non-residential premises located in the property treasury of the city of Moscow and a corresponding change in regulatory legal acts of the city of Moscow.
3.8. In case of early termination of this Agreement, the Parties shall make mutual settlements on the date of termination of the Agreement.
3.9. As necessary, but at least once a year, the Parties carry out reconciliation of mutual settlements.
4. Rights and obligations of the Parties
4.1. The lessor is obliged:
4.1.1. No later than 3 (three) days from the date of signing this Agreement, provide the Tenant with an area for placing communication equipment.
4.1.2. Ensure that third parties (except for authorized employees of the Lessor and the Lessee) have no access to the location of the communication equipment.
4.1.3. Provide the ability to connect communication equipment to electricity.
4.1.4. Provide other services to ensure (create conditions) for proper installation and connection of communication equipment, as well as the necessary conditions for its operation and repair, including, but not limited to:
- identify your representatives who provide the necessary assistance in the installation/repair of communication equipment;
- agree on the working documentation and working design for the Tenant to carry out work on installing communication equipment within ___ working days from the date of their submission by the Tenant;
- agree on the regime of unimpeded access for the Tenant’s representatives to the Area and technological equipment that ensures the operability of communication equipment (electrical cables, ducts, racks, etc.).
4.1.5. When the Lessor carries out major repairs of the Area, notify the Tenant about the upcoming repairs at least 3 (three) months before the start of the repair work.
4.1.6. Upon receipt of a written request from the Tenant (clause 4.2.4), he is obliged to recalculate the payment under the Agreement by excluding the amount for the period of time during which it was actually impossible to use the communication equipment installed on the Area for its intended purpose or such equipment was inoperable.
4.1.7. At your own expense and on your own, eliminate the consequences of accidents and damage that occurred through no fault of the Tenant.
4.1.8. Provide access to the Tenant for dismantling and removal of communication equipment within 30 (thirty) calendar days from the date of termination of this Agreement.
4.2. The lessor has the right:
4.2.1. Receive Payment under the Agreement.
4.2.2. Monitor compliance by the Tenant with the intended use of the Space, as well as compliance with other conditions of this Agreement.
4.2.3. Open the Area in the absence of the Tenant in the event of a security and/or fire alarm, as well as if it is necessary to eliminate or prevent accidents or fire. Each fact of opening must be documented in an act signed by the responsible persons of the Lessor and the Lessee, one copy of which must be given to the Lessee.
4.2.4. If, due to ongoing capital and/or repair work on the Area or other objective reasons, it is impossible to use the communication equipment installed on the Area for its intended purpose and/or its inoperability occurs, the Tenant has the right to demand from the Lessor an exception from the payment due in the relevant Reporting Period payments under the Agreement for the amount for the actual period of time during which the use of the communication equipment installed on the Area for its intended purpose was impossible or such equipment was inoperable.
4.3. The tenant is obliged:
4.3.1. Promptly transfer the fee in the amount and terms established by this Agreement.
4.3.2. Place communication equipment in accordance with the working documentation and working design agreed with the Lessor. On your own and at your own expense, carry out the necessary design, construction and installation work in connection with the installation of communication equipment.
4.3.3. Install an electricity meter(s) at your own expense to calculate the electricity consumed by communication equipment.
4.3.4. Use the Area for the intended purpose specified in clause 1.1 of this Agreement.
4.3.5. Do not carry out any redevelopment or re-equipment of the Area without the prior written consent of the Lessor.
4.3.7. In the event of damage caused by the Tenant of the Space and/or other property of the Lessor, the Tenant undertakes to carry out repair and restoration work at his own expense. The fact of damage is established by a commission, which includes representatives of the Lessor and the Lessee, and is documented by drawing up an act of causing the corresponding damage.
4.3.8. Return the Area to the Lessor upon expiration of this Agreement, as well as upon its early termination. The return of the Area is formalized by an Act, which is signed by both parties.
4.4. The tenant has the right:
4.4.1. Freely use the Area subject to compliance with this Agreement.
5. Responsibility of the Parties
5.1. In case of delay in payments under this Agreement, the Tenant, at the request of the Lessor, is obliged to pay the latter a penalty in the amount of 0.1% of the overdue payment amount for each day of delay.
5.1.2. The request for payment of the penalty must be made in writing and signed by an authorized representative of the Party.
5.2. Payment of the penalty does not relieve the Parties from fulfilling their obligations under this Agreement.
5.3. The Lessor does not have the right to restrict the access of the Tenant's employees to the Area/Equipment for disrespectful/biased reasons, disconnect the Equipment from power supply systems without warning (except for emergencies and other emergency circumstances), independently dismantle the Equipment or otherwise disrupt the normal operation and operation of the Equipment.
5.4. The tenant is responsible for violation of sanitary and fire safety standards, technical operation rules and fire safety rules established by the current legislation of the Russian Federation.
5.5. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the guilty Party shall compensate the other Party for losses in accordance with the current legislation of the Russian Federation.
6. Conditions for termination of the Agreement
6.1. The Agreement may be terminated in the manner prescribed by the current legislation of the Russian Federation and the Agreement.
6.2. Early termination of this Agreement is possible by agreement of the Parties. A Party wishing to terminate this Agreement must notify the other Party in writing at least 3 (three) months before the planned date of termination of the Agreement.
7. Force majeure circumstances
7.1. The parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement if they prove that proper fulfillment was impossible due to force majeure circumstances, that is, extraordinary, unforeseen and unavoidable circumstances under the given conditions.
7.2. The Party subjected to force majeure circumstances is obliged to notify the other Party within 3 (three) calendar days of the nature, type, expected duration of the force majeure circumstances, as well as the performance of which obligations under the Agreement they interfere with, and provide evidence of the occurrence of such circumstances. circumstances. In the absence of notification, the Party subjected to force majeure circumstances cannot subsequently refer to the force majeure circumstances as a basis releasing it from liability.
7.3. The presence of force majeure circumstances extends the period for the Parties to fulfill their obligations under the Agreement in proportion to their duration. If force majeure circumstances last more than 30 (thirty) calendar days, the Parties are obliged, at the proposal of one of the Parties, to agree on further terms of action and/or the possibility of terminating the Agreement.
8. Final provisions of the Agreement
8.1. The terms of this Agreement may be changed and supplemented only by mutual agreement signed by both Parties.
8.2. Disputes arising during the validity period of this Agreement are resolved by mutual agreement of the Parties. If agreement is not reached within 30 (Thirty) days, disputes are considered in the Arbitration Court of the city of Moscow.
8.3. In cases not provided for in this Agreement, the Parties are guided by the legislation of the Russian Federation.
8.4. This Agreement is drawn up in two copies having equal legal force, one for each Party.
8.5. All annexes to this Agreement are an integral part of it.
8.6. If, within the framework of this Agreement, for the purpose of its execution, one Party transfers personal data of employees to the other Party, then the transferring Party guarantees the consent of the employee to such transfer and processing of personal data by the other Party, and the receiving Party guarantees the processing, confidentiality and protection of personal data in accordance with with the requirements of the Federal Law of the Russian Federation "On Personal Data".
List of Annexes to the Agreement:
1. Layout of communication equipment.
2. Certificate of acceptance and transfer of the Area.
9. Addresses and details of the Parties
Signatures of the Parties:
Landlord | Tenant | |||||||
Appendix No. 1. Layout of communication equipment
Appendix No. 1
to Agreement No. ______
from "___"_________201__
Landlord | Tenant | |||||||
Appendix No. 2. Acceptance and transfer certificate of the Area to the Agreement
Appendix No. 2
to Agreement No. ______
from "__"___________201_
Form
Acceptance and transfer certificate for the area
to Agreement No. _______dated "___"____________201_
"___"______________ 201__ |
Hereinafter referred to as the "Lessor", represented by ______________________, acting on the basis of __________, on the one hand, and _______________, hereinafter referred to as the "Tenant", represented by _____________, acting on the basis of __________, on the other hand, referred to as the "Parties", each in individually - “Party”, have drawn up this Act on the following:
1. Pursuant to the terms of Agreement No. _____ dated ________, the Lessor provided, and the Tenant received, temporary possession and use of ____________ (room/part of the roof/part of the wall or other) with an area of ____ sq.m in the building located at: __________________ for the purpose of placing equipment mobile radiotelephone communication base station in accordance with the Communication Equipment Layout Diagram (Appendix 1 to the Agreement).
2. The Tenant confirms that the location of the communication equipment meets all the Tenant’s requirements at the time of signing this Acceptance and Transfer Certificate for the Area.
3. The date of commencement of the provision of services under Agreement No. _____ dated _______ is the date of signing of this Acceptance and Transfer Certificate for the Area.
4. This Act is an integral part of the Agreement, signed in two copies having equal legal force, one copy for each of the Parties.
Landlord | Tenant | |||||||
Electronic document text
prepared by Kodeks JSC and verified against:
official website of the Department
information technology
dit.mos.ru (scanner copy)
as of 03/14/2016
- Equipment placement agreement
- Equipment rental agreement
- Addresses, details and signatures of the parties
- Sample contract for placement of advertising structure
- Equipment installation agreement
Equipment placement agreement What provisions of the Civil Code of the Russian Federation govern these relations? This will be the rental or provision of equipment placement services. Under a placement agreement (or placement agreement), one party will place equipment (terminals) on a reimbursable basis. Based on the CONTRACTOR’s decision to approve the project for the placement of the CUSTOMER’s technological equipment, completed in. On the roof of a building owned by the organization, it is planned to place a base station and operator antennas cellular communications.
In Russia
If necessary, as an additional document, a diagram or drawing of the location where the equipment is planned to be located, with appropriate markings, is attached to the contract. An agreement for the installation of equipment can also be concluded with a company on whose territory the equipment will be located, for example, the installation of a payment terminal or ATM in a shopping center.
Important
Agreement for the provision of services for the placement of equipment on the territory The invoice for the services provided in the first month for the placement of Equipment must be paid by the Customer within 10 (ten) working days from the date of commencement of the provision of services specified in the relevant Order. In the future, equipment placement services provided in the current month must be pre-paid in full by the Customer no later than the 15th (fifteenth) day of the current month.
Agreement for the provision of services for the placement of equipment on the territory
Thus, using the placement agreement form allows you to reduce costs for both the vending operator and the retail outlet, and bypass a number of legislative restrictions. Of course, placement has its downsides, let’s look at them.
Disadvantages of “Accommodation”: - many owners of the space will not understand the accommodation agreement and will agree to work only “on lease” (even if you explain all the nuances of the illegality of using the rental agreement form - the answer can only be complete misunderstanding). Of course, a skilled negotiator can use the advantages we listed above as an argument “FOR” placement.
With a high probability, placement will not work in large shopping centers, as well as in organizations that use their own standard rental agreements; — the legal structure of the placement agreement is very vulnerable.
Lease agreement or provision of services
Let's break this definition down into its component parts. First, a service is an activity. Let’s use the Explanatory Dictionary of the Russian Language, according to which activity is occupation, work (Explanatory Dictionary of the Russian Language / Ozhegov S.I., Shvedova N.Yu.
—
M.: Azbukovnik, 1998). Thus, activity can be defined as the performance of certain actions leading to a certain result. The service is the object of civil rights (Article 128 of the Civil Code of the Russian Federation).
In accordance with Article 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. In other words, the peculiarity of a service is that the one who provides the service must expend certain efforts and perform actions aimed at creating an intangible result.
Equipment placement agreement
At the same time, the advertising installation belonging to the defendant, with the plaintiff’s banner placed on it, was not transferred to the plaintiff. The specified subject of the agreement does not apply to objects that are the subject of the lease agreement (Article 607 of the Civil Code of the Russian Federation), therefore, the provisions of Chapter 34 of the Civil Code of the Russian Federation do not apply to these legal relations.
In accordance with Article 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes to provide services on the instructions of the customer, and the customer undertakes to pay for these services. The norm of paragraph 2 of Article 782 of the Civil Code of the Russian Federation grants the contractor the right to unilaterally refuse to fulfill an obligation.
The defendant, considering that the plaintiff did not pay for the services provided to him for May 2008 on time, taking into account the provisions of 7.2.
Lease agreement or provision of services? (part 1)
Attention
The court came to the conclusion that the agreement signed by the parties, by its legal nature, is an agreement for the provision of services for a fee, and not a lease agreement. The actions of the defendant do not contradict the terms of the agreement concluded by the parties, and are also consistent with the provisions of Article 782 of the Civil Code of the Russian Federation.
The legality and validity of the decision was not verified by the court of appeal. In the cassation appeal, JSC DOK "Red October" asks for the decision to be canceled and a new judicial act to be accepted to satisfy the claim. According to the applicant, the subject of the agreement was agreed upon as the provision of property for possession and use, which complies with the requirements of the Civil Code of the Russian Federation on determining the subject of the lease agreement. Consequently, the norms of the Civil Code of the Russian Federation on rental relations must be applied to the relations established within the framework of the concluded agreement.
contracts by type
For example, if we are talking about placing ATMs or payment terminals in a shopping center, then the owner of the area undertakes to provide access to the equipment in accordance with the clause of the contract. and the owner of the equipment, in turn, undertakes to maintain operability and pay for placement on time. You can download a sample agreement for the placement of equipment below on this page.
Equipment rental agreement The object of the equipment rental agreement is equipment. Equipment is most often understood as a collection of interconnected parts and devices that are so arranged and controlled that they function as a single unit to achieve the same purpose. Sometimes equipment is understood as devices, tools, apparatus, equipment and inventory for such arrangement (for example, lighting equipment).
Rent or provision of services?
In practice, there are cases when legal relations develop between the parties that are similar to those under a lease agreement. Relations under a lease agreement arise if the lessor provides the lessee for a fee with property that can be the object of lease in accordance with Article 607 of the Civil Code of the Russian Federation, for temporary possession and use or for temporary use. Very often, when concluding an agreement for the provision of advertising space, the question arises: are these relations regulated by an agreement on the provision of paid services or by rental standards? Let's turn to judicial practice and draw conclusions for ourselves: An agreement for the provision of advertising space is regulated by the rules on the provision of services, if the property under the terms of the agreement is not provided for temporary possession and use. FEDERAL ARBITRATION COURT OF THE WEST SIBERIAN DISTRICT DECISION of March 24, 2009
Good afternoon, colleagues. I would like to discuss with you several issues that concern me and get your opinion. 1. Let's imagine that there is a transport (crane). I need this crane for construction work, for example, for lifting and transporting pipes. What kind of agreement will we conclude? a) Lease agreement for a vehicle with a crew; b) Agreement for the provision of services. 2. Is a rental agreement for a vehicle with a crew only a rental agreement or a mixed agreement (rent + provision of services)? The practice seems to be heterogeneous, but there is still no established opinion? 3. Under a vehicle rental agreement, a vehicle acceptance and transfer certificate must be drawn up. It turns out that when renting a vehicle with a crew, you also need to draw up a payment document. And now the situation. There is a floating crane. It can be rented and payment is based on the time actually worked. Those.
Rental or provision of equipment placement services
As can be seen from the case materials and established by the court, DOK Krasny Oktyabr OJSC (customer) and Advertising Enterprise Delta LLC (owner) entered into an agreement for the provision of advertising fields dated February 22, 2007 N 10/33/447, in accordance with which the owner undertakes to provide the customer with three advertising fields of an advertising installation under N N from 1 to 3, owned by the owner, for placing the customer’s advertising image (banner) on them under the conditions determined by the contract and additional agreements thereto. The owner also agreed to provide the customer with services for installing the banner on the advertising field or dismantling it after termination of the contract.
According to the banner acceptance certificate dated 03/07/2007, the plaintiff handed over and the defendant accepted 1 banner, 3x18 in size, to be placed by the defendant on the provided advertising fields.
In June 2018, changes to SanPiN-134, approved by order of the Ministry of Construction of the Russian Federation dated December 26, 2017 No. 1718/pr, came into force. The changes concern the organization of places for installing telecommunications equipment in new buildings and in houses after major renovations. Let's talk about the main theses of the document and its significance for the educational institution.
Access to common property is provided by the owners, not the management company
Despite this, disputes between telecommunications equipment owners and home management companies often end up in courtrooms. Telecom operators are trying through the courts to gain access to the common property of apartment buildings to provide services to residents.
The Supreme Court of the Russian Federation, when considering a similar case, noted that the organization managing the apartment building is not considered in these legal relations. Consequently, the management entity cannot enter into agreements with telecom operators for the use of the common property of apartment buildings without the consent of the general meeting of owners.
Thus, the RF Supreme Court gave the CA the right to deny access to providers. This, according to Internet companies, slows down the development of communication services and cable television.
Amendments to the RF Housing Code on simplified access to common property were rejected
Changes to SanPiN on the organization of places for communication equipment
If there are technical conditions and access to equipment for its maintenance and repair, the communication infrastructure can be placed on the upper floors, roofs and other structural elements of the apartment building. In this case, the requirements for noise levels, climatic conditions, and fire safety standards must be met (clause 8.2.2 SP-134).
Note to management organizations
The changes made to SP-134 by order of the Ministry of Construction of the Russian Federation are relevant for organizations accepting new buildings for management. The innovations do not affect houses that are already in use until they undergo major repairs or reconstruction. In this case, the work project includes preparing the infrastructure for the placement of modern communication equipment.
At the same time, management organizations must remember that the general property of apartment buildings will include all elements of the engineering infrastructure created in accordance with SP-134: electrical panels, meters, cables, cabinets, etc. The management entity will be responsible for their maintenance and repair, which should be taken into account when determining tariff for services.
At the same time, Order No. 1718/pr does not in any way change the legal side of the issue: access to the common property of apartment buildings is still regulated by the Housing Code of the Russian Federation and is approved by the OSS in the house. The owners set fees under agreements for the use of the common property of apartment buildings or decide on the issue of free installation of communication equipment.
The issue of admission of telecom operators to MKD is closely monitored by the Federal Antimonopoly Service. Preventing the provider from accessing the common property of the house is considered a violation of the requirements of Federal Law No. 135-FZ of July 26, 2006 “On the Protection of Competition.”
The agency holds management organizations administratively liable for abuse of a dominant position under Part 1 of Art. 14.31 Code of Administrative Offenses of the Russian Federation. The article provides for punishment for organizations in the form of a fine from 300,000 to 1,000,000 rubles.
Hold a general meeting of owners of premises in the apartment building with the help of and establish fees under agreements for the use of the common property of the apartment building or decide on the issue of free installation of communication equipment.
on placement of the vending machine in a person acting on the basis, hereinafter referred to as " Side 1", on the one hand, and in the person acting on the basis of, hereinafter referred to as " User", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:1. SUBJECT OF THE AGREEMENT
1.1. Party 1 grants the User, on a paid basis, the right to install an automatic vending machine in a non-residential premises with a total area of 1 sq.m on the floor of the building at the address: (hereinafter referred to as the Premises). The location of the attraction agreed upon by the Parties may be changed by agreement of the Parties.
2. DURATION OF THE AGREEMENT
2.1. This Agreement comes into force from the moment it is signed by the Parties and is valid until “” 2020.
2.2. If no less than days before the expiration of the Agreement, neither Party notified the other Party in writing of its desire to terminate this Agreement, then the Agreement is considered extended on the same terms for the same period, but within the validity period of the Lease Agreement, specified in clause 1.2 of the Agreement.
3. PROCEDURE AND CONDITIONS OF SETTLEMENTS
3.1. The monthly fee under the Agreement is rubles (hereinafter referred to as the “Agreement Fee”).
3.2. The Payment under the Agreement includes compensation for expenses in connection with providing the User with the necessary utilities and operational services, including electricity supply, cleaning of the Premises, fire alarm, as well as payment for all other payments that may occur in relation to the provided Place.
3.3. Payment under the Agreement begins to accrue from the date of placement of the attraction at the Location agreed upon by the Parties, which is confirmed by the signing of the relevant act by the Parties.
3.4. The User pays the Payment under the Agreement monthly during the first banking days of the billing month.
3.5. The User pays the Payment under the Agreement by bank transfer to the bank account specified in clause 9 of the Agreement.
3.6. Changes in the amount of the Fee under the Agreement may be made with mutual written consent of the Parties.
3.7. The amount of the Fee under the Agreement may be changed unilaterally by sending the User a prior (days in advance) written notice of the change in the fee under the Agreement.
3.8. In case of early termination of this Agreement, the Parties shall make mutual settlements on the date of termination of the Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Party 1 is obliged:
4.1.1. Place the Attraction in the Location agreed upon by the Parties within ten days from the date of conclusion of the Agreement by the Parties; The fact of placement of the attraction is confirmed by the signing of the relevant act by the Parties.
4.1.2. Ensure the provision of utility and operational services provided for in clause 3.2 of the Agreement.
4.1.3. Notify the User in all cases when it becomes known about an upcoming power outage.
4.1.4. Provide the User (his employees, visitors and other persons upon the written instructions of the User) with free, unhindered access to the attraction daily during business hours established by Party 1. Such access is carried out in accordance with the access regime established by Party 1.
4.1.5. Party 1 ensures the safety of the User's posted property.
4.2. Party 1 has the right:
4.2.1. Refuse to fulfill the Agreement by sending the User a preliminary (days before the expected date of termination of the Agreement) appropriate written notice.
4.3. The user is obliged:
4.3.1. Agree with Party 1 on the time of installation of the attraction and the procedure for installing the attraction.
4.3.2. Make timely payments under the Agreement in accordance with the provisions of Art. 3 Agreements;
4.3.3. Comply with the rules of the intra-facility and access regime in force on the territory of Party 1.
4.3.4. Collect funds using your own resources at the time agreed with Party 1 and in the presence of a representative of Party 1.
4.3.5. Comply with sanitary, technical and fire safety standards, technical operation rules and fire safety rules established by the current legislation of the Russian Federation.
4.3.6. In the event of damage to the Site due to the fault of the User, compensate for the damage caused to Party 1 - and/or third parties.
4.3.7. On the date of termination of the Agreement, dismantle and remove the attraction, leaving the Place in a clean condition.
4.4. The user has the right:
4.4.1. Demand a reduction in the Payment under the Agreement or refuse to fulfill the Agreement if, due to circumstances for which the User is not responsible, the condition of the Place or the conditions for using the attraction have significantly worsened.
4.4.2. Refuse to execute the Agreement by sending Party 1 a preliminary (days before the expected date of termination of the Agreement) corresponding written notice.
5. RESPONSIBILITY OF THE PARTIES
5.1. If payments under this Agreement are late, the User, at the request of Party 1, is obliged to pay the latter a penalty (penalty) in the amount of % of the overdue payment amount for each day of delay.
5.2. The request for payment of penalties must be in writing, signed by an authorized representative of the relevant Party and submitted within days of the end of the period of delay. In the absence of a properly executed written demand or the submission of this demand after days have passed from the end of the period of delay, penalties will not be accrued or paid.
5.3. Payment of penalties does not relieve the Parties from fulfilling their obligations under this Agreement.
5.4. The user is responsible for violation of sanitary, technical and fire safety standards, technical operation rules and fire safety rules established by the current legislation of the Russian Federation.
5.5. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the guilty Party shall compensate the other Party for losses in accordance with the current legislation of the Russian Federation.
6. CONDITIONS FOR TERMINATION OF THE AGREEMENT
6.1. The Agreement may be terminated in the manner prescribed by the current legislation of the Russian Federation and the Agreement.
7. FORCE MAJEURE
7.1. The parties are released from partial or complete failure to fulfill obligations under this Agreement if such failure is a consequence of force majeure: earthquake, flood, fire, typhoon, hurricane, snow drift, sudden temperature fluctuations, military operations, mass diseases (epidemics, epizootics) and other circumstances , independent of the will of the Parties. These events must be of an emergency, irresistible nature, occur after the conclusion of the Agreement and prevent the Parties from fulfilling their contractual obligations.
7.2. A Party may not refer to the failure of the other Party to fulfill an obligation to the extent that this failure is caused by its own actions (inaction) or omissions.
7.3. Exemption from liability applies only for the period during which these circumstances exist.
7.4. If force majeure circumstances occur, the Party must immediately notify the other Party about them in writing. The message must contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the possibility of fulfilling obligations under this Agreement and the deadline for fulfilling obligations.
7.5. Upon termination of the above circumstances, the Party must immediately notify the other Party in writing. The notice must indicate the period within which it is expected to fulfill the obligations under this Agreement. If a Party does not send or untimely sends a notice, then it is obliged to compensate the other Party for losses caused by failure to notify or untimely notification.
7.6. The Party must, within a reasonable period of time, convey to the other Party the conclusion of the competent authority or organization on the existence of force majeure circumstances.
7.7. In cases of force majeure circumstances, the period for the Parties to fulfill their obligations under this Agreement is postponed in proportion to the time during which such circumstances apply.
7.8. In the event that force majeure continues to apply for more than a day, the Parties will conduct negotiations as soon as possible in order to identify alternative methods of fulfilling this Agreement acceptable to both Parties and reach an appropriate agreement. If such an agreement is not reached, the Parties unilaterally have the right to terminate the Agreement by notifying the other Party in writing at least days in advance.
7.9. In the event of termination of the Agreement on this basis, neither Party has the right to demand from the other Party compensation for losses caused by termination of the Agreement, with the exception of those associated with untimely notification or failure to notify of the occurrence (and termination) of the above circumstances.
8. FINAL PROVISIONS OF THE AGREEMENT
8.1. Each Party is obliged to maintain complete confidentiality with respect to any information relating to this Agreement.
8.2. The terms of this Agreement may be changed and supplemented only by mutual agreement signed by both Parties.
8.3. Disputes arising during the validity period of this Agreement are resolved by mutual agreement of the Parties. If agreement is not reached within days, disputes are considered in the Arbitration Court at the location of the Premises.
8.4. In cases not provided for in this Agreement, the Parties are guided by the legislation of the Russian Federation.
8.5. As of the date of signing by the parties to the Agreement, the following Appendices are an integral part of it:
8.5.1. Appendix No. 1; Plan showing the location of the attraction;
8.6. This Agreement is drawn up in two copies having equal legal force, one for each of the Parties.
9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Side 1
User Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
10. SIGNATURES OF THE PARTIES
Side 1 _________________
User_________________
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.