Sample contract for the provision of marketing services. Contract for the provision of marketing services

Minsk "__" _________ ____

Hereinafter referred to as the "Customer", represented by __________________, acting on the basis of ______________ on the one hand, and ______________________________, hereinafter referred to as the "Contractor", on the other hand, collectively referred to as the "Parties", have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. In accordance with this agreement, the Contractor undertakes to provide services for marketing research and analysis of the sales market ______________________________, consumer preferences.

The composition of indicators, information on which must be provided by the Contractor to the Customer, is additionally agreed by the Parties in writing or orally.

1.2. The Customer undertakes to accept and pay the Contractor for the services rendered.

1.3. The Contractor provides services outside the location of the Customer.

2. Obligations of the Parties

2.1. Executor's Responsibilities:

2.1.1. provide the services listed in clause 1.1. of this agreement within ____ days from the date of conclusion of this agreement;

2.1.2. in writing submit to the Customer, together with the act of acceptance of the services rendered, a report on the results of the services rendered in the form, which should contain the following information:

Information about the methods of market research (survey, analysis of information from other sources);

Number of surveyed consumers;

Survey data;

The conclusion about the presence or absence of demand for the specified in paragraph 1.1. product;

Information about consumer preferences.

2.1.3. at the first request of the Customer, provide him with information on the progress of the provision of services.

2.2. The customer is obliged:

2.2.1. accept the services provided by the Contractor;

2.2.2. pay for the services provided by the Contractor;

2.2.3. notify the Contractor at his request Additional information required to fulfill their obligations under this Agreement.

2.2.4. pay for the Contractor in the prescribed manner the mandatory insurance premiums for state social insurance to the Fund social protection population of the Ministry of Labor and Social Protection, as well as income tax.

3. Order of delivery and acceptance of services

3.1. Acceptance of the services rendered by the Contractor is carried out by the Parties on a monthly basis.

3.2. Acceptance by the Customer of the performed services occurs by signing the act of acceptance of the services rendered, which is submitted by the Contractor no later than the ____ day of the month following the previous month.

3.3. The Customer is obliged to accept the rendered services within ____ working days from the moment the Contractor provides the acceptance certificate for the rendered services.

3.4. The Customer's unmotivated refusal to sign the act of acceptance of the services rendered does not entail any consequences for the Contractor, and is also not a basis for terminating this agreement.

3.5. In the event of a reasoned refusal of the Customer to sign the act of acceptance of the services rendered, the Parties draw up a bilateral act with a list of identified deficiencies that served as the basis for the Customer's refusal to sign the act of acceptance of the services rendered, and the timing of their correction.

4. Cost of services and payment procedure

4.1. The cost of services is __________ (__________________) Belarusian rubles and can be changed only by agreement of the parties.

4.2. For the services performed, the Contractor is paid an amount equal to the cost of services specified in clause 4.1. Contracts, net of personal income tax.

4.3 Payment for the services performed by the Contractor and accepted by the Customer is carried out by the Customer on the basis of the Certificate within _____ (_____________) working days from the date of signing the Certificate by both Parties, by bank transfer to the Contractor's card account within ____ (_____) days from the date of signing the act of acceptance of services rendered .

4.4. If the card account of the Contractor is not specified in the details of this agreement, the Contractor is obliged within __ days from the date of conclusion of this agreement to provide the Customer in writing with the card account number and information about the bank in which it is opened.

4.5. Payment currency - Belarusian rubles.

5. Responsibility of the Parties

5.1. For the delay in the transfer of funds in the manner and within the time specified in paragraph 4. of this agreement, the Customer pays the Contractor a penalty in the amount of 0.15% of the payment amount for each day of delay. The payment of the penalty does not release the Customer from the obligations assumed under this Agreement.

5.2. The Party guilty of non-fulfillment or improper fulfillment of its obligations under this agreement is obliged to compensate the other Party for the losses caused to it by non-fulfillment or improper fulfillment.

6. Procedure for resolving disputes

6.1. All disputes and disagreements arising from this Agreement shall be settled by the Parties through correspondence and (or) negotiations.

If, within two months from the date of receipt of the first notification of the need to resolve the disagreement, the Parties do not come to an agreement, such a dispute or disagreement is referred to the court for resolution.

7. Procedure for entry into force, amendment and termination of the contract

7.1. The Agreement comes into force from the moment of signing by the parties and is valid until the parties fulfill their obligations under the Agreement.

7.2. The terms of this agreement cannot be changed without the written consent of the Parties, executed in the form of an additional agreement to this agreement.

7.3. The grounds for early termination of the Agreement is a court decision based on a material breach by one of the Parties of its obligations under the Agreement or on other circumstances provided for by law.

8. Details and signatures of the Parties:

Customer: Contractor: _____________________________ __________________________________ _____________________________ __________________________________ _____________________________ __________________________________ Customer:____________________ Contractor:_______________________ (signature, m.p.) (signature, m.p.)

LABOR CONTRACT

with a marketing specialist

(unlimited; subject to probation)

G. ___________________ "__" __________ _____ d. _____________________________________, hereinafter referred to as ___ (name of organization) "Employer", represented by __________________________________________, (position, full name) acting ___ on the basis of the Charter, on the one hand, and a citizen of the Russian Federation _______________________________________________________________, (full name) hereinafter referred to as ___ "Employee", on the other hand, have entered into this agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. The Employer instructs, and the Employee assumes the performance of labor duties as a Marketing Specialist in ____________________________________________________. (name of the structural unit of the organization)

1.2. The work under this contract is the main one for the Employee.

1.3. The place of work of the Employee is the office of the organization located at: ____________________________________________________.

1.4. In order to verify the compliance of the qualifications of the Employee with the position held, his relationship with the assigned work, the Employee is established probation, lasting ____ (__________) months, from the moment the work began, specified in clause 2.1 of this contract.

1.5. The work of the Employee under this contract is carried out under normal conditions. Labor duties of the Employee are not related to the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.6. The employee reports directly to _________________________.

2. TERM OF THE CONTRACT

2.1. The employee must begin to perform his labor duties from "___" _________ ____.

2.2. This agreement is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of _____ (_______________) rubles per month.

3.2. The employer establishes incentive and compensation payments (surcharges, allowances, bonuses, etc.). The amounts and conditions of such payments are defined in the Regulations on bonus payments to employees "______________", which the Employee was familiarized with when signing this agreement.

3.3. If the Employee performs, along with his main job additional work in another position or performing the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of __% of the salary for the combined position.

3.4. Overtime is paid for the first two hours of work at one and a half times, for the following hours - at double the rate. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.5. Work on a weekend and non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly norm of working time. At the request of the Employee, who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in single size, and the day of rest is not payable.

3.6. Wages are paid to the Employee by issuing cash at the Employer's cash desk (option: by transfer to the Employee's bank account).

3.7. Deductions may be made from the Employee's salary in cases provided for by law Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee has a five-day working week with two days off - Saturday and Sunday.

4.2. Start time: ________________________.

Finishing time: _____________________.

4.3. During the working day, the Employee is given a break for rest and meals from ___ hour. until ___ hour, which is work time does not turn on.

4.4. The employee is granted annual paid leave of ___ (at least 28) calendar days.

The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Regulations. work schedule "_____________________".

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following duties:

To carry out the development of measures for the production of products (goods) and the provision of services that find the greatest demand and market;

To promote the balanced development of production and the service sector, to prepare proposals for the selection and change of directions for the development of the product range, production, economic and entrepreneurial activity;

Participate in the development of a marketing policy, price determination, creates conditions for the systematic sale of goods and the expansion of services provided, meeting the demand of buyers (clients) for goods and services;

To study the market of similar goods and services (analysis of demand and consumption, their motivations and fluctuations, the activities of competitors) and its development trends;

Forecast the volume of sales and form consumer demand for goods and services, identify the most effective sales markets, as well as requirements for the quality characteristics of the product (method of production, service life, rules of use, packaging) or the service provided;

To study the factors influencing the sale of goods and which are important for the successful implementation of the services provided, the types of demand (sustained, rush, short-term, etc.), the reasons for its increase and decrease, the differentiation of the purchasing power of the population;

Improve the information support of ongoing market research;

Develop demand generation and sales promotion programs, recommendations for market selection in accordance with available resources;

Determine measures, prepare proposals and develop recommendations for improving the quality and consumer properties of goods and services, the prospects for the development of new products and markets, taking into account the socio-demographic characteristics of various population groups, the state and dynamics of their incomes, traditions and tastes, as well as the necessary the costs of all types of resources, including raw materials, materials, energy, personnel;

Analyze competitive environment taking into account changes in the tax, pricing and customs policy of the state, the volume of turnover, profit from sales, competitiveness, speed of implementation, factors affecting sales;

Monitor sales, compare planned data with the results obtained in terms of volume, revenue, time of sale (rendering services) and the territory of their distribution, identify deviations and changes in market conditions;

Ensure the growth of the efficiency of entrepreneurial activity, profits and incomes, increase the competitiveness of goods and services;

Participate in training, retraining and advanced training management personnel taking into account the requirements of a market economy.

5.1.2. Comply with the Internal Labor Regulations "____________" and other local regulations Employer.

5.1.3. Observe labor discipline.

5.1.4. Comply with labor protection and labor safety requirements.

5.1.5. Take care of the property of the Employer and other employees.

5.1.6. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer.

5.1.7. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management.

5.1.8. Do not disclose information that is trade secret Employer. Information that is a trade secret of the Employer is defined in the Regulations on Trade Secrets "____________________".

5.1.9. By order of the Employer, go on business trips in Russia and abroad.

5.2. The employee has the right to:

5.2.1. Providing him with the work stipulated by this Agreement.

5.2.2. timely and in in full payment of wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed.

5.2.3. Rest, including on paid annual vacation, weekly days off, non-working holidays.

5.2.4. Compulsory social insurance in cases stipulated by federal laws.

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this Agreement.

6.1.2. Provide the Employee with work stipulated by this Agreement.

6.1.3. Provide the Employee with equipment, documentation and other means necessary for the performance of his labor duties.

6.1.4. Pay in full size due to the Employee wages on time, established by the Rules internal labor regulations.

6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties.

6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious efficient work.

6.2.2. Require the Employee to perform the labor duties specified in job description, respect for the property of the Employer and other employees, compliance with the Internal Labor Regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in accordance with the procedure established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

8. WARRANTY AND REFUND

8.1. For the period of validity of this Agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation labor law, the Internal Labor Regulations of the Employer, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation.

9.2. The worker bears liability both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of compensation for damage to other persons.

9.3. The employer bears material and other liability in accordance with the current legislation of the Russian Federation.

9.4. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused misconduct and (or) inaction of the Employer.

10. TERMINATION

10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.2. In all cases, the day of dismissal of the Employee is the last day of his work.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

11.4. In all other respects not covered by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS OF THE PARTIES Employer: _______________________________________________, address: __________________________________________________________, TIN ____________________________, KPP ___________________________, account ______________________________ in ____________________________, BIC ______________________________. Employee: ___________________________________________________, passport: series ______, number ________, issued by _____________________ __________ "___" _________ ____, subdivision code ____________, registered at: ___________________________________. 13. SIGNATURES OF THE PARTIES Employer: Employee: ____________/_________________ __________________________ M.P.

marketing services in a person acting on the basis of , 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 concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide the Customer with services and / or perform work for the Customer aimed at advertising the services (works) and / or goods of the Customer, as well as a range of services and / or works in the field of corporate and public communications in the manner and under the conditions stipulated by the Agreement, and The Customer undertakes to accept the services rendered and / or the results of the work performed and pay for the services and / or work of the Contractor in the manner and on the terms stipulated by the Agreement. A specific list of services and / or works provided and performed by the Contractor to the Customer under the Agreement is agreed by the Parties in the manner prescribed by the Agreement.

1.2. Services are provided and/or work under the Agreement is performed by the Contractor for the Customer as necessary on the basis of the Annexes concluded by the Parties to the Agreement, which are additional agreement to the Agreement and its integral part. In the Annexes, the Parties agree on the list, volume, cost, terms, procedure, as well as other conditions for the provision of services and / or performance of work. The Parties hereby establish that each separate Annex for the provision of services by the Contractor and / or performance of work by the Contractor for the Customer, concluded by the Parties to the Agreement, is a separate transaction, the conclusion and execution of which is governed by the terms and conditions of the relevant Annex, and the terms and conditions of the Agreement.

2. PROCEDURE FOR THE PERFORMANCE OF THE CONTRACT

2.1. The Contractor shall be notified by the Customer of the need to provide services and/or perform work under the Contract.

2.2. Within a period of not more than working days from the date of receipt of the Customer's notice, the Contractor draws up an Annex to the Agreement and / or coordinates it with the Customer. In the process of approving the Application, the Parties have the right to make changes and additions to it.

2.3. The Annex to the Agreement is considered agreed by the Parties from the date of signing of the Annex by duly authorized representatives of the Parties. From the date of signing the Annex to the Agreement, the type, list, volume, cost, terms, procedure for the provision of services and / or performance of work under the Annex are considered agreed, and the Annex is subject to execution by the Parties in accordance with the conditions agreed therein. The signed Appendix may be amended by the Parties by signing an additional agreement by the Parties to the Appendix.

2.4. In the process of coordination, the Annex and the documents attached to it may be sent by the Parties to each other, both in writing and by electronic or facsimile communication.

2.5. In order to fulfill the Agreement, each Party shall appoint its representative responsible for the implementation of the Agreement. Any Party may replace its representative during the execution of the Agreement. In the event of such a replacement, the Party replacing its representative must notify the other Party in writing of such replacement business days prior to the date of replacement. The replacement takes effect from the date of receipt by the Party of the relevant notification. The notification of the replacement of the representative must be sent by post, telegraph, teletype, electronic, facsimile or other communication, which makes it possible to reliably establish that the document comes from the Party under the Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Contractor undertakes:

3.1.1. Provide services to the Customer and perform work for the Customer in strict accordance with the terms of the Agreement and its Annexes, with due professional skills and good faith.

3.1.2. Within the terms agreed by the Parties, provide the Customer with the results of the work performed. Upon completion of the provision of services and / or performance of work, provide the Customer for approval and signing of the Acceptance Certificates.

3.1.3. Timely and in full inform the Customer about all the circumstances that prevent or make it impossible to provide services and / or perform work under the Agreement and the Annexes to the Agreement.

3.1.4. Do not disclose confidential information, and information constituting a commercial secret of the Customer, which may be disclosed by the Customer to the Contractor in connection with the execution of the Agreement.

3.1.5. In the event that during the provision of services and / or performance of work under the relevant Annex to the Agreement, the Contractor needs to provide for the Customer's approval information materials, documents subject to approval by the Customer, the Contractor provides them for approval to the Customer in the manner and terms agreed and specified Parties in the relevant Annex to the Agreement.

3.2. The contractor has the right:

3.2.1. In the event that the relevant Annex to the Agreement by the Parties agrees and specifies the obligation of the Customer to transfer the advance payment to the Contractor before the date of commencement of the provision of services and / or performance of work, the Contractor has the right not to start providing services and / or performing work under the Annex without imposing penalties on him, until the date of transfer by the Customer to the Contractor of the advance, in the amount specified in the relevant Appendix. The terms for the provision of services and / or performance of work under the relevant Appendix are postponed in proportion to the time of delay in the payment of the advance by the Customer.

3.2.2. The Contractor has the right, without imposing penalties on him, not to start providing services and / or performing work under the Application or to suspend the provision of services and / or performing work on the Application, which was accepted by the Contractor for execution, in case of delay by the Customer of payment for services and / or work of the Contractor according to the previous Appendix until the date of payment by the Customer for the specified services and / or works of the Contractor. The terms for the provision of services and / or performance of work under the Application are postponed in proportion to the time of delay in payment for the services and / or works of the Contractor on the part of the Customer.

3.2.3. In the event that the relevant Annex to the Agreement by the Parties has agreed and specified the obligation of the Customer to provide the Contractor with information, documents and materials necessary for the Contractor to provide services and / or perform work, the Contractor has the right not to start providing services and / or performing work without imposing penalties on him. works on the relevant Annex until the date of provision by the Customer required documents, information and materials. The terms for the provision of services and / or performance of work by the Contractor are postponed in proportion to the time of delay in the provision of materials, information and documents by the Customer.

3.2.4. The Contractor has the right to engage third parties to provide services and / or perform work under the Contract, while remaining responsible to the Customer for the results of the provision of services and / or performance of work.

3.3. The customer undertakes:

3.3.1. Issue clarifications to the Contractor regarding the provision of services and / or performance of work under the Agreement and the Annexes.

3.3.2. Upon completion of the provision of services and / or performance of work, accept or accept a reasoned refusal from the Contractor for the services rendered and / or the results of the work performed under the Acceptance Certificates.

3.3.3. Pay for the services and / or work of the Contractor in the manner and on the terms stipulated by the Agreement and the Annexes to the Agreement.

3.3.4. Provide the Contractor with the source materials and information necessary for the Contractor to provide services and / or perform work in the manner, terms and conditions agreed and specified by the Parties in the relevant Annexes to the Agreement.

3.3.5. Review, comment, agree and approve the materials and documents prepared and provided by the Contractor to the Customer for approval and approval, in the manner, terms and conditions agreed and specified by the Parties in the relevant Annexes to the Agreement. The said materials and documents may be coordinated and approved by the Parties by means of electronic and facsimile communication.

3.3.6. Do not disclose confidential information and information constituting the trade secret of the Contractor, which may be disclosed by the Contractor to the Customer in connection with the execution of the Agreement.

3.3.7. Timely and fully inform the Contractor of all circumstances that prevent or make it impossible to provide services and / or perform work under the Agreement and the Annexes to the Agreement.

3.4. The customer has the right:

3.4.1. Check the progress and quality of the provision of services and / or performance of work, without interfering with professional activity Contractor.

3.4.2. Require the Contractor to provide information on the progress of the provision of services and / or performance of work provided and / or performed by the Contractor.

4. COST OF SERVICES AND/OR WORKS. PAYMENT ORDER

4.1. The total cost of the Contractor's services and/or work under the Contract is determined by adding up the cost of the Contractor's services and/or work for all Annexes concluded by the Parties to the Contract. The cost of services and/or works of the Contractor, rendered and/or performed by the Contractor for the Customer on the basis of the Annex agreed and signed to the Agreement, is determined and indicated by the Parties in the Annex to the Agreement.

4.2. Payment for the services and/or works of the Contractor is carried out separately for each Application in rubles by bank transfer of funds to the settlement account of the Contractor. in the amount provided for by the current legislation of the Russian Federation.

4.3. The procedure for payment for the services and/or works of the Contractor under the relevant Annex to the Agreement is agreed upon and indicated by the Parties in the relevant Annex to the Agreement.

4.4. The Customer bears bank expenses associated with payments under the Agreement in the Customer's bank, bank expenses associated with payments under the Agreement in the Contractor's bank are carried out at the expense of the Contractor.

4.5. The date of payment is the date of receipt of funds to the settlement account of the Contractor.

5. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES AND WORKS

5.1. Upon completion of the provision of services and / or performance of work under the relevant Annex, the Parties sign the Acceptance Certificate within the time period agreed and specified by the Parties in the relevant Annex to the Agreement.

5.2. The Customer undertakes to consider the Acceptance Certificate within working days from the date of its submission by the Contractor, and in the absence of objections to the services rendered and / or the results of the work performed, sign the Acceptance Certificate and transfer one signed copy to the Contractor, and if there are objections in a written motivated form notify the Contractor of the existing objections and agree with the Contractor on the terms and procedure for eliminating justified shortcomings and shortcomings in the services provided and / or the results of the work performed and the procedure for resolving the Customer's claims that have arisen. In this case, the Parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation and / or containing the procedure for settling the Customer's claims that have arisen. In the event that after the expiration of working days from the date of receipt of the Acceptance Certificate from the Contractor, the Customer did not sign it and did not notify the Contractor about the existing objections to the services provided and / or the results of the work performed, the services provided by the Contractor and / or the results of the work performed by the Contractor are considered unconditionally accepted by the Customer without comments, and the Acceptance Certificate signed by the Customer without objection. One copy of the signed Acceptance Certificate is subject to transfer to the Contractor in an unconditional manner.

6. TERM OF THE CONTRACT

6.1. The Agreement shall enter into force from the date of its signing by duly authorized representatives of the Parties.

6.2. The contract was concluded for a period of The validity of the Agreement is automatically extended for a similar period of validity on similar conditions, if neither of the Parties notifies the other Party of its unwillingness to extend the validity of the Agreement days before the expiration date of the Agreement.

6.3. Annexes to the Agreement come into force from the date of their signing by duly authorized representatives of the Parties and are valid until the date of full performance by the Parties of their obligations arising from the Agreement.

6.4. The Customer has the right to terminate the Agreement unilaterally without going to court, notifying the Contractor about it days before the date of termination of the Contract, provided that on the date of termination of the Contract, the services rendered by the Contractor and/or the work performed by the Contractor were fully paid by the Customer.

6.5. The Contractor has the right to unilaterally, without going to court and without imposing penalties on him, terminate the Contract by notifying the Customer about it days before the date of termination of the Contract, provided that on the date of termination of the Contract the Contractor does not provide services to the Customer and / or does not perform work on the Application to the Agreement.

6.6. After termination of the Agreement for any reason, none of the Parties will no longer be bound to the other Party by any additional obligation, with the exception of obligations arising from the Agreement and not fulfilled by the Parties before the date of termination of the Agreement. In terms of unfulfilled obligations, the Agreement will be valid until the date of their full fulfillment.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

7.1. The Parties agree that neither the fact of the conclusion of the Agreement by the Parties, nor the fact of disclosure by the Customer to the Contractor of confidential information and / or information constituting a trade secret, will mean or imply the transfer by the Customer to the Contractor of any rights to objects intellectual property of the Customer or to confidential information and/or information constituting a trade secret of the Customer. The foregoing, among other things, means that the Contractor will not have the right to use or include in advertising materials, as well as allow other persons to use the trademarks and trade names of the Customer without the prior written consent of the latter.

7.2. The Parties agree that neither the fact of conclusion by the Parties of the Agreement, nor the fact of disclosure by the Contractor to the Customer of confidential information and / or information constituting a trade secret, will mean or imply the transfer by the Contractor to the Customer of any rights to the intellectual property of the Contractor or to confidential information and / or information , constituting the trade secret of the Contractor. The foregoing, among other things, means that the Customer will not have the right to use or include in advertising materials, as well as allow other persons to use the trademarks and trade names of the Contractor without the prior written consent of the latter.

7.3. The Parties also guarantee each other that in the event that during the execution of the Agreement and the Annexes to the Agreement, any of the Parties needs to use corporate identity the other Party or individual elements, the Parties shall agree in advance on such use, including methods of use.

7.4. Unless otherwise provided by the relevant Annexes to the Agreement, then:

7.4.1. The Parties hereby acknowledge that in the event that the Contractor creates in the course of the provision of services and / or performance of work under the relevant Appendix to the Agreement, the results creative activity(the results of intellectual activity), regardless of the way they are expressed (scripts, creative and design developments, logos, slogans, corporate identity elements, plans, drawings, sketches, layouts, drawings, etc.), which can be recognized as objects of intellectual property and objects of copyright, in accordance with the current legislation of the Russian Federation, hereinafter referred to as the "Works", then the exclusive rights to the Works created by the Contractor in the course of providing services / performing work under the relevant Annex to the Agreement belong to the Contractor.

7.4.2. The Contractor transfers to the Customer in full the exclusive rights to the Works created by the Contractor in the course of the provision of services and / or performance of work under the relevant Appendix to the Agreement from the date of signing the Certificate of Acceptance - Transfer of Exclusive Rights to the Works (hereinafter referred to as the Acceptance and Transfer Certificate), provided full payment for the services and / or works of the Contractor, during the provision and / or performance of which these Works were created by the Contractor. In the event that the Contractor transfers to the Customer the exclusive rights to the Works created by the Contractor in the course of the provision of services and / or performance of work under the relevant Annex to the Agreement, on the basis of the Acceptance and Transfer Certificate, these rights to the Works are transferred in accordance with Art. 1234 Civil Code of the Russian Federation as amended, valid at the time of signing the Transfer and Acceptance Certificate.

7.4.3. Exclusive rights to the Works created by the Contractor in the course of rendering services and/or performing works under the relevant Annex to the Agreement are transferred for the entire period of protection in accordance with the legislation of the Russian Federation to the territory of the whole world without limiting the circulation of reproduction.

7.4.4. The Customer has the right to transfer exclusive rights to the Works that are transferred to him in accordance with the Agreement to any third parties.

7.4.5. The Parties agree that the Contractor's remuneration for the transfer of exclusive rights to the Works is included in the cost of services and/or works rendered and/or performed by the Contractor to the Customer under the relevant Annex to the Agreement, in the course of rendering and/or execution of which the said Works were created by the Contractor.

7.4.6. The Contractor guarantees the Customer that all Works, the exclusive rights to which are transferred to the Customer, are not subject to any rights of third parties that could prevent the Customer from using the Works.

7.4.7. The Contractor has the right to use (mention) the Works, the exclusive rights to which were transferred to the Customer, in order to advertise their activities.

7.4.8. Works created by the Contractor in the course of the provision of services and / or performance of work under the relevant Annex to the Agreement, which were not finally accepted (approved) by the Customer and / or the exclusive rights to which were not transferred by the Contractor to the Customer under the Transfer and Acceptance Certificate, remain the property of the Contractor and may not be used by the Customer for any purpose, may not be modified or edited by the Customer, disclosed or disclosed, made public or provided to any person, firm or corporation without the prior consent of the Contractor and without paying additional remuneration to the Contractor.

7.5. In the relevant Annexes to the Agreement, the Parties have the right to agree on and indicate additions or restrictions on the methods, terms, scope of exclusive rights to the Works, the territory of use of the Works, as well as the conditions for paying remuneration to the Contractor for the transfer of exclusive rights to the Works, in comparison with what is provided for in clause 7.4 of the Agreement.

8. PRIVACY POLICY

8.1. The Parties hereby acknowledge that a certain part of the information that is transferred by the Parties to each other for the provision of services and / or performance of work under the Agreement is confidential information and / or information constituting a trade secret of the Parties.

8.2. The Parties undertake not to disclose information that has become known to them as a result of the execution of the Agreement, which is confidential and / or constituting a trade secret of the Parties. Under the "Commercial Secret" the Parties will mean scientific, technical, technological, production, financial, economic or other information recorded on a material carrier ( including a component of production secrets (know-how)), which has actual or potential commercial value due to its unknown to third parties, to which there is no free access on a legal basis to third parties and in respect of which the Party, as the owner of such information, has introduced a regime of commercial secrets. Information constituting a commercial secret is transferred by the Parties to each other only with the indication "Commercial secret". "Confidential Information" means any, without limitation, financial, technical, operational and any other information belonging to the disclosing Party about its subsidiaries, services, works, goods, customers, intellectual property, potential customers, etc., except for the information that cannot be confidential by virtue of the law, reported in orally or shown visually with an indication of its confidentiality and / or transmitted on media by the disclosing Party to the receiving Party with the indication: "Confidential".

8.3. The Parties undertake not to disclose confidential information and/or information constituting a trade secret of the Parties, which has become known to them, both during the term of the Agreement and for years from the date of expiration of the Agreement.

8.4. For the disclosure of confidential information and information constituting a commercial secret, the Parties will be liable under the current legislation of the Russian Federation.

8.5. Subject to the requirements of paragraph 8.1. – 8.4. of this section of the Agreement, none of the Parties that disclosed to third parties confidential information and/or information constituting a commercial secret belonging to the other Party shall be liable for the disclosure of the said confidential information and/or information constituting a commercial secret in the following cases:

• if such confidential information and/or information constituting a commercial secret was known to the disclosing Party from other sources prior to the entry into force of the Agreement;
• if the disclosure of confidential information and/or information constituting a commercial secret occurred with the knowledge of the other Party - the owner of the said confidential information and/or information constituting a commercial secret;
• if the disclosure of confidential information and/or information constituting a trade secret occurred in accordance with an act of a competent state body or court that has entered into force;
• if confidential information and/or information constituting a trade secret was obtained by the disclosing Party from a third party, provided that such source is not bound by a confidentiality agreement with respect to such confidential information and/or information constituting a trade secret, or otherwise it is prohibited to transfer the specified confidential information and / or information constituting a trade secret to the Party disclosed in connection with a contractual, legal or fiduciary obligation, and the specified source received such confidential information and / or information constituting a trade secret in a lawful way.

9. RESPONSIBILITIES OF THE PARTIES

9.1. For non-performance or improper performance of their duties and obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

9.2. If it is impossible to execute the relevant Application due to the fault of the Customer, as well as in the event of the Customer’s unilateral refusal to execute the relevant Application and provide services and / or perform work, the Customer undertakes to pay the Contractor for the actually rendered services and / or work performed, as well as reimburse the Contractor for actual expenses, incurred by the Contractor in order to execute the relevant Application and provide services and / or perform work on the basis of primary documents confirming the expenses incurred. In this case, the services and / or work of the Contractor must be paid, and the actual costs of the Contractor must be reimbursed by the Customer within banking days from the date of issue by the Contractor of the invoice for payment in the amount specified in the invoice. Costs actually incurred are cash, transferred (paid) by the Contractor to third parties in the amount of actually rendered services, involved by the Contractor for the provision of services / performance of work, penalties (fines) and deductions paid by the Contractor to these persons, in pursuance of the Agreement and its Annexes, as well as other expenses incurred by the Contractor pursuant to the Agreement and its Annexes.

9.3. For late payment for the services and/or works of the Contractor under the relevant Application, the Contractor has the right to require the Customer to pay a penalty in the amount of % of the overdue amount payable for each day of delay, but not more than % of the total cost of services and/or works of the Contractor for the relevant application.

9.4. For the delay in the provision of services and / or works under the relevant Annex, the Customer has the right to require the Contractor to pay a penalty in the amount of % of the cost of the services and / or works of the Contractor, the terms for the provision and / or performance of which were overdue by the Contractor, for each day of delay, but not more than % of the total cost of services and / or works of the Contractor for the relevant Application. The Contractor is not responsible for the delay in the provision of services and / or performance of work if the delay on the part of the Contractor arose through the fault of the Customer.

9.5. The obligation to pay a penalty interest arises from the date of receipt by the guilty Party of the claim of the injured Party for the calculation and payment of a penalty fee.

9.6. The payment of the penalty does not release the Party from the performance of its obligations.

9.7. The Contractor is not responsible for the quality, adequacy and reliability of information, documents and materials provided by the Customer in order to provide the Contractor with services and / or perform work under the relevant Annex to the Agreement.

10. SPECIAL PROVISIONS

10.1. If, under the Contract, the Contractor provides the Customer with services and / or performs works for the Customer aimed at advertising the services (works) and / or goods of the Customer, then the Parties hereby establish the following conditions for the provision of such services and / or performance of such works, if the relevant Annexes to The Agreement does not provide otherwise:

10.1.1. The Contractor is not responsible for the actual quality of the advertised goods, works and services of the Customer.

10.1.2. If the Customer's activity is subject to licensing or if the advertised goods/services/works of the Customer are subject to mandatory certification, the Customer is obliged to provide the Contractor with the relevant licenses, certificates of conformity or their certified copies. The number of the license, as well as the name of the authority that issued the license, must be placed in advertising materials in accordance with the requirements of the current legislation of the Russian Federation regarding advertising of such goods/services/works. Failure to provide the Customer with certified copies of the relevant licenses/certificates gives the Contractor the right to suspend the provision of services and/or performance of work under the Application until the date the Customer provides the Contractor with the specified documents.

10.1.3. The Contractor is not responsible for violation of the current legislation of the Russian Federation on advertising or infringement of the rights of third parties, which arises from the transfer to third parties of any advertising materials provided by the Customer, while in the event of claims from third parties and / or government agencies in relation to advertising materials provided by the Customer that violate the current legislation of the Russian Federation on advertising, the Customer undertakes to reimburse the Contractor for all damage incurred in connection with this Contractor.

10.1.4. The Customer guarantees the Contractor that he has all the necessary rights to any forms of intellectual property used in advertising materials provided by the Customer, and is fully responsible for the use of any forms of intellectual property in advertising materials transferred to the Contractor for placement in the media. mass media, including, but not limited to: copyright, related and other rights, before the owners of these rights and before the persons representing them, as well as before the state and judicial authorities of the Russian Federation.

10.2. In the relevant Annexes to the Agreement, the Parties have the right to agree on and indicate additions or other conditions for the provision of services and / or performance of works aimed at advertising the services (works) and / or goods of the Customer.

11. FORCE MAJEURE

11.1. The Parties shall not be liable for full or partial failure to fulfill their obligations under the Agreement, if this failure was caused by force majeure circumstances beyond the control of the Parties, which the Parties could not foresee or prevent on their own.

11.2. The Party that cannot fulfill its obligations under the Agreement due to force majeure circumstances must notify the other Party in writing of the date of occurrence of these circumstances and the expected duration of these circumstances, within working days from the date of occurrence of force majeure circumstances. The notification must be accompanied by an appropriate certificate of force majeure circumstances in the relevant region, issued by authorized organizations, otherwise they are deprived of the right to refer.

11.3. If force majeure circumstances last more than a day, the Parties have the right to terminate the Agreement.

12. PROCEDURE FOR CONSIDERATION AND RESOLUTION OF DISPUTES

12.1. All disputes and disagreements that arise from the Agreement, the Parties will consider through negotiations, and if no agreement is reached, in court.

12.2. All disputes are subject to Arbitration Court G. .

12.3. The applicable law is the substantive and procedural law of the Russian Federation.

13. PROCEDURE FOR AMENDING AND TERMINATION OF THE AGREEMENT

13.1. The Agreement may be amended only by agreement of the Parties in writing.

13.2. The Agreement may be terminated by agreement of the Parties, as well as unilaterally in cases provided for by the Agreement and the norms of the current legislation of the Russian Federation.

14. FINAL PROVISIONS

14.1. The Parties hereby warrant to each other that:

• they have all legal rights and powers to conclude the Agreement, comply with and implement its provisions;
• there is no provision of any existing contract, agreement or other document, according to which any of the Parties conflicts with the Agreement or the performance of any of its provisions;
• The Parties have received or will duly receive prior to the commencement of the activities provided for by the Agreement, all permits, approvals, consents and licenses required by the legislation of the Russian Federation for the conclusion and performance of the Agreement.

14.2. The headings of the sections of the Agreement are given for convenience and should not be taken into account by the Parties when interpreting and applying the Agreement.

14.3. If one or more provisions of the Agreement are declared invalid, then the invalidity of these provisions will not affect the validity of other, valid provisions of the Agreement, which will continue to be valid for the relations of the Parties arising from the Agreement.

14.4. After signing the Agreement, all previous written and oral agreements, correspondence, negotiations between the Parties related to the Agreement become invalid.

14.5. The Parties have the right to send each other notices, notices, statements, assignments, instructions and other documents necessary for the Parties to fulfill their obligations under the Agreement or otherwise related to the execution of the Agreement or arising from it, by electronic, telephone or facsimile communication, except for cases when the terms of the Agreement provide for a written or other strictly defined form of the exchange of documents. All written notifications, notifications, statements, assignments, instructions and other documents necessary for the Parties to fulfill their obligations under the Agreement or otherwise related to the execution of the Agreement or arising from it, will be considered to be in writing, corresponding to the Agreement, if they are made in writing. form, signed by an authorized person, certified with a seal (in cases where this is provided for by applicable legal acts) and were delivered by courier against receipt, registered mail with acknowledgment of receipt, registered air mail or telegram, telex or telefax (with confirmation by telephone of receipt) .

14.6. The Parties are obliged to notify each other about changes in their location, bank and other details that may affect the fulfillment by the Parties of their obligations arising from the Agreement within working days from the date of change of the relevant details.

14.7. In everything that is not regulated by the Agreement, the Parties will be guided by the norms of the current legislation of the Russian Federation.

14.8. The Agreement is made in two copies in Russian, having the same legal force - one for each of the Parties to the Agreement, and comes into force from the date of its signing by the Parties.

15. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Executor Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

16. SIGNATURES OF THE PARTIES

Customer _________________

Artist _________________

Please note that the service agreement is drawn up and verified by lawyers and is exemplary; it can be finalized taking into account the specific terms 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.

Moscow "___" _________ 201_

JSC "____________", hereinafter referred to as the "Customer", represented by Director General _______________, acting on the basis of the Charter, on the one hand,

and ___________ LLC, hereinafter referred to as the "Contractor", represented by the General Director _________________, acting on the basis of the Charter, on the other hand, have entered into this Marketing Services Agreement (hereinafter referred to as " paid contract") about the following:

2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes:
2.1.1. Provide the Customer with the services specified in clause 1.2 of the Agreement.
2.1.2. Submit to the Customer for approval a list of employees involved in the implementation of the Agreement.
2.1.3. Do not transfer or show to third parties the documentation of the Customer held by the Contractor.
2.1.4. To cooperate in the provision of services under the Agreement with other counterparties of the Customer.
2.1.5. By the ___ day of each month, submit to the Customer monthly written reports on the progress of the provision of services under the reimbursable contract.
2.1.6. Submit materials and conclusions to the Customer in in electronic format on magnetic media, and, if necessary, written materials and conclusions.
2.1.7. Provide clarifications, if necessary, at the request of the Customer interested parties, including state and judicial authorities, according to the materials submitted by the Contractor in accordance with the marketing services agreement.
2.2. The customer undertakes:
2.2.1. Provide the Contractor with a room equipped with workplaces, office equipment, and means of communication.
2.2.2. Provide the Contractor with documentation, consulting and reference programs and databases.
2.2.3. Pay for the services of the Contractor in the manner, terms and conditions of this onerous contract.
2.2.4. Transfer to the Contractor the information and materials necessary for the Contractor to fulfill its obligations under the Agreement.
2.2.5. Sign in a timely manner
2.3. The performer has the right:
2.3.1. Receive from the Customer any information necessary to fulfill its obligations under the contract. In case of non-submission or incomplete or incorrect submission of information by the Customer, the Contractor has the right to suspend the performance of its obligations under this Agreement until the necessary information is provided.
2.3.2. Receive remuneration for the provision of services under the Agreement.
2.4. The customer has the right:
2.4.1. Receive services from the Contractor in accordance with clause 1.2 of the Marketing Services Agreement.
2.5. The provision of services not specified in the list of functions is formalized by an additional agreement of the Parties and is paid separately and additionally.
2.6. The Parties undertake to keep secret commercial, financial and other confidential information received from the other Party in the performance of this agreement.

Marketing services are in demand, as they help to analyze the current state of the market and correctly plan the strategic development of the company. In addition, such proposals are necessary to promote a particular product on the market.

Essential terms of the contract for the provision of marketing services

These agreements are a type of onerous deals. (this includes and). Therefore, a transaction of this type requires the obligatory reflection of a number of essential conditions:

• Since the transaction is of a compensatory nature, the contractor must receive payment after the fulfillment of obligations. Therefore, the standard document should contain indications of the transaction price;
• The amount of work ordered. All activities in the field of marketing are very diverse and may include an analytical or advertising component. Therefore, the specific scope should be specified when drawing up the initial agreement;
• Terms of fulfillment of obligations. The customer has the right to demand that the obligations are fulfilled by the agreed deadline. Accordingly, the performer is obliged to complete the assigned work within a specified period of time;
• In addition to these circumstances, the status of the parties should be reflected - indicate their name, details and other data.

The above conditions are mandatory and are reflected in the contract for the provision of civil law services. Sample Agreement

Sample contract for the provision of marketing services

The specified sample corresponds to the declared norms of the legislation.

Contract for the provision of marketing services

Since the contractor and customer are individual entrepreneurs or legal entities, such a document is based on the performance of work for subsequent payment. Accordingly, the transaction is of a compensatory nature.

Achieving agreement between the parties on the issue of payment for work is the basis for concluding an agreement. At the same time, at the request of the parties, the document can indicate the cost of each work or type of work that the contractor will perform on behalf of the customer.

It is not allowed to reflect in the document any consequences that should occur as a result of the execution of the agreement. For example, an increase in product sales by 70%.

Annex to the contract for the provision of marketing services

Agreements of this type can be aimed at promoting a variety of goods - pharmaceuticals, food, brands, and so on. Therefore, it is allowed to have an appendix to the main document:

• A list of those materials that the contractor will need to conduct an advertising campaign;
• The act of acceptance of work performed. This document confirms the fact of the work and its acceptance by the customer;
• It is also possible to indicate in a separate document a list of persons who are authorized by the parties to act on their behalf and conduct correspondence, including through e-mails.

This list of possible applications is not exhaustive. Participants in the transaction can install any kind of applications that they think are necessary in each case.

Contract for the provision of market research services

Such studies are important for large companies, as they allow you to determine the interest target audience in one product or another. Marketing research is necessary for the development of the company and the definition of priority areas.

The peculiarities of such agreements are a clear definition of the objectives of the study, its directions. It should also establish a deadline for the fulfillment of obligations and the form for presenting the results to the customer.

Provision of marketing services in the field of pharmaceuticals

These works are also determined by drawing up a document. In general, the key terms and structure of the transaction document will remain standard. The only difference will be the subject of relations - pharmaceuticals.

In this case, the classical structure of the agreement is built as follows:

• First, the details of the parties are indicated and the subject of the transaction is indicated. Its reflection should be as specific as possible;
• The mutual rights and obligations of the participants in the transaction are reflected and listed. They should also be detailed and clear. This is required to avoid possible conflicts. Therefore, each item must be mutually agreed upon;
• In addition, you need to specify the order of calculations when performing work. In the same section of the document, you can also reflect the cost of the work.

Payment issues are also resolved by mutual agreement. The law does not provide for any restrictions on the type of payment. Therefore, the parties can establish any form of payment convenient for them.