Contract № ________________
_________(place name)
«___» ____________ 20__ .
____________________________________, hereinafter referred to as Customer, in the person of
___________________________________ acting under __________________, being one Party, and Federal
State Financed Institution “The Russian State Library” (FSFI "RSL"), hereinafter referred to as Contractor, in
the person of deputy director general on IT Igor Alexandrovich Gruzdev acting by Warrant № 254/77 dated by
03.04.2013, being the other Party (hereinafter Parties), are entering the following contract (hereinafter Contract):
DEFINITIONS
Virtual Reading Room of
the RSL
(VRR RSL)
Virtual Reader of the RSL
Registration of the virtual
reader of the RSL
Administrator of the virtual
reading room of the RSL
DDL RSL
1.1.
1.2.
2.1.
2.2.
2.3.
2.4.
3.1.
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
– virtual readers’ workplaces equipped with personal computers with constant IP
– addresses and access to the Internet, solely installed at the territory of the
Customer’s library.
– a registered user inside the virtual reading room of the RSL at the territory of the
Customer’s library beyond the RSL.
– the procedure required to get information considering the virtual reader and to
provide the latter with the unique name and password to access the DDL RSL.
– the Customer’s employee managing the process of registration of virtual readers
of the RSL.
– full – textual database of dissertations “Digital Dissertation Library of the
Russian State Library”.
1. SUBJECT OF CONTRACT
The Customer orders, and the Contractor takes obligations to render the service on organization of access to
the DDL RSL for virtual readers of the RSL inside the VRR RSL within the territory of the Customer’s
library (hereinafter Service).
The present Contract shall be signed with libraries or organizations possessing libraries in order to carry out
interlibrary loans.
2. CONTRACTUAL PRICE AND ORDER OF PAYMENTS
The contractual price shall be ________ (value spelled out), this including 18% of VAT, i.e. _________
(value spelled out).
Payment on the present Contract shall be carried out in Russian roubles in compliance with the current
legislation of the Russian Federation after the Contractor has fulfilled the contractual obligations (clause 4.1,
4.3) within the period of 14 (fourteen) calendar days beginning from the moment of signing the Act by the
Parties, on the basis of the bill received from the Contractor.
The contractual price shall be fixed and shall not be changed until the contractual obligations are completely
fulfilled.
The contractual price includes all the necessary charges connected with fulfilment of the contractual
obligations, such as cost of materials, insurance, customs duty, taxes, commissions, etc.
3. CONTRACTUAL TIME
The present Contract shall be in force on being signed and until the Parties have fulfilled their contractual
obligations.
4. ORDER OF RENDERING AND ACCEPTING WORKS
The Contractor renders the Service stipulated in clause 1.1 of the present Contract within 14 (fourteen)
calendar days after the present Contract has been signed by the Parties and the conditions of clause 5.2.1.
have been satisfied.
The Contractor renders the Service over the Internet using website https://dvs.rsl.ru, with the help of the
system for viewing electronic documents in the protected mode “DVS” (hereinafter DVS).
The Service shall be considered rendered by the Contractor from the moment of the VRR RSL
administrator’s first entrance to the system for organizing access to the DDL RSL.
Rendering and accepting the rendered Service shall be marked by the Act of Rendering and Accepting
Works (hereinafter Act) presented by the Contractor with naming the Service and pointing out its price.
The Customer shall sign the Act and return it to the Contractor within 5 (five) working days from the
moment of receiving it.
For solving problems connected with fulfilment of the contractual obligations, the Contractor has right to
accept the services of a third Party at the expense and within the limits of the stipulated with the Customer
common price of the present Contract.
The Contractor has right to pause in rendering the Service for completing necessary works with the
equipment for a certain time, having informed the Customer in advance.
4.8.
In case in the process of rendering and accepting works the Customer lodges a grounded complaint on the
rendered Service, the Parties draw up minutes of revisions. All the required works shall be carried out by the
Contractor within the time limits stipulated in the minutes. Causes of the complaints lodged by the Customer
within the framework of the conditions of the Contract shall be eliminated free of charge.
5. OBLIGATIONS OF PARTIES
5.1.
5.2.
5.3.
6.1.
6.2.
6.3.
6.4.
6.5.
6.6.
6.7.
Obligations of the Contractor.
5.1.1
To render to the administrator of the VRR RSL a unique name and a password for accessing
statistics of the Service usage and for managing the process of registration of virtual readers of the
RSL, and for organizing access to the DDL RSL.
5.1.2
To activate the IP-address of the Customer for simultaneous organization of 10 (ten) workplaces in
the VRR RSL, 1 (one) of which shall be for administering work of the VRR RSL. The guarantee
for organization of workplaces shall run for __________ months from the moment of rendering the
Service, according to clause 4.3. of the present Contract.
5.1.3
To organize work of the DVS in accordance with User’s Instructions provided to the Customer on
the email of the Administrator of the virtual reading room of the RSL pointed out by the Customer
in clause 10.3.2. of the present Contract.
5.1.4
Functioning of the DVS shall not be guaranteed in case the conditions of User’s Instructions are
violated.
5.1.5
To bill the Customer for the first payment no later than in 14 (fourteen) calendar days on signing
the Contract.
Obligations of the Customer.
5.2.1
To satisfy the request of the Contractor on the information they may need to render the Service.
5.2.2
To supervise the process of registration of virtual readers of the RSL.
5.2.3
To provide virtual readers of the RSL with open access to the DDL RSL.
5.2.4
To provide virtual readers of the RSL with free access to the DDL RSL.
5.2.5
To realize payments in terms and conditions of the present Contract.
5.2.6
To prevent digital replication – in part or in whole – of the works accessible in accordance with the
present Contract.
5.2.7
To inform the Contractor on all the changes in the information necessary for rendering the Service
in the written form and no later than 3 (three) workdays after the changes have taken place.
The Parties shall do their best to fulfil their contractual obligations in time and at the due level, and also not
to create obstacles for the opposite Party in their activity and in their fulfilment of the contractual
obligations.
6. LIABILITY OF PARTIES
For non – fulfilment or fulfilment of the contractual obligations in an improper way, the Parties shall be
charged in compliance with the current legislation of the Russian Federation.
In case the Customer is tardy with fulfilment of their contractual obligations, as well as in other cases the
Customer has not fulfilled their contractual obligations or has fulfilled them in an improper way, the
Contractor has right to claim a forfeit (fine). The forfeit shall be counted for each day of delay in fulfilment
of the contractual obligation, beginning from the day following the expiry date for the contractual obligation.
Such a forfeit shall be one – three thousandth of the current for the date of the forfeit rate of refinancing of
the Central Bank of the Russian Federation from the sum not paid in time. Fines shall be counted for
fulfillment of the contractual obligations in an improper way, except for delay in fulfilment of the contractual
obligations. The fine shall be a fixed sum established as it is pointed out in the Government Regulation of the
Russian Federation.
In case the Contractor is tardy in fulfilment of their contractual obligations, as well as in other cases the
Contractor has not fulfilled their contractual obligations or has fulfilled them in an improper way the
Customer transfers to the Contractor their claim for a forfeit (fine).
The forfeit shall be counted for each day of delay in fulfilment of the contractual obligation by the
Contractor, beginning from the day following the expiry date for the contractual obligation. Such a forfeit
shall be one – three thousandth of the current for the date of forfeit rate of refinancing of the Central Bank of
the Russian Federation from the sum of the contractual price reduced by the sum proportionate to the volume
of the contractual obligations the Contractor has actually fulfilled.
Fines shall be counted for non – fulfilment or fulfillment of the contractual obligations in an improper way
by the Contractor, except for delay in fulfilment of the contractual obligations by the Contractor. The fine
shall be a fixed sum established as it is pointed out in the Government Regulation of the Russian Federation.
The Parties shall not pay the forfeit if they prove that the delay in fulfilment of the stipulated obligation was
caused either by a force majeure, or by actions of the other Party.
Forfeit or compensation payment caused by an improper performing of obligations doesn’t give right to the
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6.8.
6.9.
6.10.
6.11.
6.12.
6.13.
6.14.
7.1.
7.2.
7.3.
7.4.
8.1.
8.2.
9.1.
9.2.
Parties not to fulfil all the contractual obligations.
The Customer shall ensure proper enforcement of Copyright.
In case the Customer grants a Third Party with the sources and services they possess owing to the present
Contract, the Customer shall be charged for the activity of such Third Parties in compliance with the current
legislation of the Russian Federation.
The Contractor shall not be charged with the Customer’s complaints about quality of connection with the
Internet which depends on quality of functioning of nets of Internet – providers, traffic – exchange policies
and other circumstances which stand beyond competence, influence and control of the Contractor.
In case one Party ceases their activity, or undergoes reorganization, responsibility on the contractual
obligations is passed on to this Party’s legal successor.
The Parties shall consider the DVS and User’s Instructions objects of the exclusive rights and shall be guided
by this fact in their activities.
For infringement of the Contractor’s exclusive rights on the DVS, the Customer shall be charged in
compliance with the current legislation of the Russian Federation.
The Contractor and/or their partners shall not be charged for a damage caused by usage of the DVS or
impossibility to use it.
7. FORCE MAJEURE
The Parties shall not be charged with non – fulfilment – in full or partially – of their contractual obligations
if this was caused by a force majeure, i.e.: a fire, a flood, an earthquake, an armed conflict, changes in
legislation – on the condition that the above mentioned force majeure circumstances have directly influenced
the process of fulfilling the contractual obligations. In this case the contractual time shall be prolonged till
the end of the force majeure.
The Party which is not able to fulfil their contractual obligations shall inform the other Party about the
beginning and the end of the stipulated in clause 7.1 circumstances immediately, anyway no longer than in
14 (fourteen) calendar days after the beginning of the force majeure.
In case a Party is tardy to inform the other Party about the force majeure, the Party shall fulfil all the
contractual obligations irrespective of the force majeure stipulated in clause 7.1.
If the stipulated in clause 7.1 force majeure lasts longer than 3 (three) months, the Contract can be cancelled
– in full or partially - by either Party. In this case the Parties carry out the due settlements.
8. AMENDMENTS AND CANCELLATION OF CONTRACT
All the amendments to the present Contract shall be done in the written form and signed by the authorized
representatives of the Parties.
The present Contract can be cancelled under mutual agreement of the both Parties with compulsory mutual
settlements, or by a court decision in case either of the Parties refuses the Contract, on the basis of the Civil
Code of the Russian Federation.
9. SETTLEMENT OF DISPUTES
In case the Customer and the Contractor have any disputes and/or disagreements generated by or connected
with the present Contract, the Parties shall take measures to settle them by means of negotiations.
If the Parties fail to settle disputes and/or disagreements by means of negotiations, such disputes and/or
disagreements shall be dealt with at the Court of Arbitration in compliance with the current legislation of the
Russian Federation.
10. OTHER PROVISIONS
10.1. The present Contract is signed in 2 (two) copies of an equal legal force, one for each Party.
10.2. The Customer gets personal access to their balance and statistics data of the Service usage.
10.3. All the questions connected with fulfilment of the contractual obligations shall be dealt with by the
authorized representatives of the Parties:
from the Customer:
10.3.1. Authorized person on the Contract: Full name, position,
tel.: _____________________; e-mail:____________________.
10.3.2. Administrator of the VRR RSL: Full name,
tel.: _____________________; e-mail:____________________.
from the Contractor:
10.3.3. Authorized person on the Contract: Maria Vladimirovna Runova
tel.: +7 (495) 697-67-83; e-mail: dissdoc@rsl.ru.
10.3.4. RSL specialist of technical support: Dmitry Alexandrovich Nadeykin
tel.: +7 (495) 609-94-96; e-mail: opdsupport@rsl.ru.
11. ADDRESSES AND REQUISITES OF PARTIES
Customer:
Contractor:
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Legal address
Postal address
INN
KPP
OGRN
OKPO
ОКАТО
l/s
r/s
BIK
Federal State Financed Institution “The Russian
State Library”
Address legal/ postal: 3/5 Vozdvizhenka St.,
Moscow, 119019, the RF
INN 7704097560 / KPP 770401001
OGRN 1037739390809
OKPO 02175175 / OKATO 45286552000
OKTMO 45374000000
Moscow UFK Federal State Financed Institution
“The Russian State Library” l/s 20736Х72670
r/s 40501810600002000079
Department 1 of Main Bureau of the Central Bank of
the Russian Federation on the Central Federal
District of Moscow, BIK 044583001
KBK 00000000000000000130
From Customer:
From Contractor:
I.A. Gruzdev
Seal
Seal
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