Договор на оказание услуг частного детектива
SERVICE AGREEMENT
FOR THE PROVISION OF DETECTIVE SERVICES № ________
Moscow « ____ » ___________ 201_
Individual entrepreneur ____________________________________, acting on the basis of the license N _________ dated ____________ issued by ____________________, and the Federation Law of Russian Federation "On Private Detective and Security Activity in the Russian Federation" dated 03/11/92 (further on the "Law"), hereinafter referred to as "Contractor" on the one hand, and _____________________ further referred to as "Customer", on the other hand, have signed the following Agreement:
1 SUBJECT OF THE CONTRACT
(type and content of the provided services)
1.1. "Contractor" provides "Customer" the following detective services, authorized by the Art. 3 of the Law:
1.1.1. Data collection on civil and criminal cases on a contractual basis with all the parties involved
1.1.2. Market research, information collection for business negotiations, identifying credit capacity or unreliable business partners..
1.1.3. Identification of cases of the unauthorized use of business logos and brand names, unfair competition, as well as the disclosure of information referred to as a trade secret.
1.1.4. Clarification of biographical and other data of the individuals (upon their written consent) during employment process and as such.
1.1.5. Search for missing people.
1.1.6. Search of fore fault property of individuals, legal entities, institutions or organizations.
1.1.7. Collection of information on criminal cases on a contractual basis with the all the parties involved (upon written notice within 1 day from the date of conclusion of the contract to the person conducting the inquiry, the investigator, prosecutor or court, in whose production is a criminal case).
(Underline the type of the provided detective services).
1.1.8. Search of debtors or property in accordance with the administrative case as well as Search of a child in accordance with the administrative case containing the order to remove the child, on a contractual basis with the client
1.2. "Customer" specifies the content of the provided services according to the agreement, and hands over to the "Contractor" full and accurate information necessary for the provision of services in a convenient for both parties form (verbally, in writing or electronically). In case if it is possible to summarize the specific tasks (content) of the provided services, they must be specified in this paragraph ______________________________________________________________________ ______________________________________________________________________
_____________________________________________________________________________
2 METHODS OF RENDERING SERVICES, RESTRICTIONS TO ACTIVITIES AND MAIN OBLIGATIONS UNDER CONTRACT
2.1. When performing services "Contractor" uses the following basic techniques stipulated by Article 5 of the Law:
- verbal questioning of citizens and officials (upon their consent);
- Inquiries;
- The study of objects and documents (upon the written consent of their owners);
- External inspection of buildings, premises and other facilities;
- surveillance to obtain the necessary information in order to provide the above mentioned services;
- The use of video and audio recordings, filming and photography, technical and other means which do not cause harm to the life and health of citizens and the environment, as well as the means radio and telephone communications.
2.2. In addition to the actions specified in paragraph 2.1. "Contractor" can fulfill the following actions in the process of providing services under the present Agreement:
- Any other activities not prohibited by the current legislation valid for citizens of the Russian Federation.
2.3. "Contractor" is not empowered to fulfill the following actions according to the articles 1 and 7 of the Law:
- Perform any investigation/search activities assigned by law to the exclusive competence of the inquiry bodies;
- Conceal from laws the facts of preparing or committed crimes;
- Pretend to be a law enforcement officer;
- Collect information related to the personal life and political & religious beliefs of some individuals;
- Perform video and audio recording, filming and photographing in the office or other premises without the written consent of the corresponding officials or individuals;
- Resort to actions infringing the rights and freedom of citizens;
- Take actions that endanger the life, health, honor, dignity and property of citizens;
- Falsify materials or mislead the client;
- Disclose information about the customer collected during the process of execution of the actions under the present contract, including information concerning the issues of the protection of life and health of citizens and (or) the protection of the property of the customer, or use them for any purpose in contradiction to the interests of the customer or for the benefit of any third parties, except for the reasons stipulated by the legislation of the Russian Federation;
- Transfer agency’s license for use by other persons;
- Use documents and other information obtained in the process investigation/search activities by official bodies authorized in this area of responsibility;
- Receive and use the information available in the special and analytical databases of bodies responsible for investigation, in violation of the procedure established by the legislation of the Russian Federation.
Conducting of investigation activities that violate the privacy of correspondence, telephone conversations and telegraphic communications, or related to violation of the inviolability of the person or property leads to charges in accordance with the current legislation.
2.4. "Contractor" is also not allowed to:
- Use the technical means assigned (designed, adapted) exclusively for secret surveillance bodies, engaged in the investigation/search activity;
- Provide services not covered by paragraph 1.1. of the present Agreement;
- Concede actions such as failure to ensure access of the officials, licensing authorities during the checks to the places of storage technical means and (or) official documentation.
2.5. The present agreement and the act for provided services shall be kept for five years in accordance with Article 9 of the Law.
3 OBLIGARIONS OF THE CUSTOMER, COST OF SERVICES
3.1. When providing detective services connected with the stay at the objects belonging to the "Customer" (real estate property, vehicles, etc.) and the placement of applicable technical means in compliance with the legislation, "Customer" shall provide "Contractor" with copies of documents on ownership (lease, sublease or other right of disposal) for the specified property.
3.2. "Customer" shall immediately inform "Contractor" of the fact contestation over the ownership rights stated in paragraph 3.1 on the part of administrative or arbitration (judicial) bodies.
3.3. This paragraph stipulates the written consent of the "Customer" for the use of video and audio recording, filming and photography on Customer’s property on the part of “Contractor".
3.3. The cost of services:
"Customer" pays for the services provided by "Contractor" on the basis of the Annex N1 (on cost of services) to the present Agreement; in cases when it is possible to define the cost of services under the Agreement, they are states in this paragraph:
- Advance payment __________ rub. ____ cop. (VAT not applicable);
- Final payment __________ rub. ____ cop. (VAT not applicable);
- Total amount for the Agreement _ ________ rub. ____ cop. (VAT not applicable).
(Note: VAT not applicable due to the simplified form of taxation)
3.4. The present Agreement allows the correction of amounts of payment upon mutual agreement of the parties in the process of performance of services. If the agreement stipulates the advance payment, it is intended for incidental costs according to the Agreement and is not refundable.
4 RESPONSIBILITIES OF THE PARTIES
4.1. Parties are responsible for any failure to perform or improper fulfillment of obligations under the present Agreement in accordance with current legislation.
5. TERMS OF AGREEMENT
5.1. The present Agreement is signed for a period from ______ to __________and is valid until the end of the specified period, or until one-side termination by one of the parties.
5.2. One-side termination presupposes the obligatory indication of the reason for termination and upon written notice between both parties. Agreement shall be considered as terminated on the day of receipt of the written notice.
5.3. This Agreement is made in two copies both possessing the equal legal power.
5.4. Agreement shall enter into force upon signature by both Parties.
5.5. This agreement is made on a confidential basis, and its provisions shall not be disclosed to any third parties, except cases stipulated by current legislation. The content and cost of services as well as reports of provided services under the Agreement are treated as trade secrets of the parties and shall not be disclosed to any third parties.
5.6. The Parties shall not be liable for the obligations of each other, not specified herein.
5.7. Any disputes on payments for services and other disputes under the Agreement shall be resolved through negotiations between the parties, and in the court in case of disagreement.
6. SPECIAL CONDITIONS OF AGREEMENT
BANK DETAILS AND SIGNATURES:
«Contractor» | «Customer» |
Individual entrepreneur ________________ Address ____________________________ tel ________________________________ Bank ______________________________ Bank identification code _______________ Account number ______________________ Correspondent account ________________ Tax reference number _________________ OKPO ______________________________ OKVD __74.60______________________ /________________/ |
/________________/ |