INFORMATION SERVICE AGREEMENT No. ______
| The City of Moscow |
Date: ___ __________ 200__ |
M Biznes Servis (M Biznes Servis Limited Liability Company), referred to hereinafter as
M Biznes Servis, and represented by its Director, Mr. Eugene A. Sokolinsky, acting in accordance with the Bylaws
and ____________________________, referred to hereinafter as Client, jointly referred to hereinafter as Parties, have entered
this Agreement concerning the following:
1. TERMS AND CONDITIONS OF THE AGREEMENT.
M Biznes Servis provides the Client with information on the condition of world foreign currency market in real time, technical means to place trading orders and consulting services on terms and conditions set forth
herewith.
2. GENERAL CLAUSES.
2.1. This Agreement is based on adherence by the Parties to
Rules and Restrictions of Currency Trading in Akmos Trade Dealing Center, referred to hereinafter as Rules.
2.2. Within the scope of this Agreement M Biznes Servis serves as an authorized representative of the Client for order entry and record keeping concerning trading operations.
2.3. The definition of the Client shall be also understood to include a third party, referred to hereinafter as Agent, who has been commissioned in writing by the Person signing this Agreement to manage the trading account thereof.
3. OBLIGATIONS OF THE PARTIES.
3.1. M Biznes Servis hereby promises:
3.1.1. To be the warrantor of administration of the Rules, including the part concerning the financial obligations
of AKMOS TRADE, with respect to the Client according
to Article 361 of the Civil Code of Russian Federation.
The relationship between the Client (Creditor) and AKMOS TRADE (Debtor) arising from the Security Deposit Subaccount
Agreement #______ is governed by the Rules, and shall be deemed established by
the warrantor from the moment of crediting said subaccount with the funds.
Note.
Pecuniary liability of the warrantor (M Biznes Servis)
with respect to the Client is insured with the insurance company "Soglasie" (Insurance police No 02150-14400/04).
3.1.2. To provide the Client with technical and informational facilities 24 hours a day each week from 03:00 A.M. Monday to 12:00 A.M. Saturday (Moscow time) excluding European and US official holidays.
3.1.3. To provide the Client with backup round-the-clock telephony
through the operators of M Biznes Servis.
3.1.4. To provide conversion into electronic format and timely transmission of orders issued by the Client.
3.1.5. To log Client's orders and execution thereof, and provide the Client with required extracts on demand.
3.1.6. Confirm crediting of the Client subaccount at AKMOS TRADE covered by the Agreement #______ immediately.
3.2. The Client hereby promises:
3.2.1. To lodge formal complaints with M Biznes Servis within two work days from the moment of issue of the order, should handling or logging thereof appear unsatisfactory, or otherwise, waive the right to any recourse against M Biznes Servis.
3.2.2. To adhere to the equipment use rules or otherwise
to indemnify M Biznes Servis for all damages and equipment repair costs.
3.2.3. To use the information obtained from M Biznes Servis exclusively in the information system M Biznes Servis except as otherwise agreed by the Parties.
3.3. The Parties calculate and pay appropriate taxes and other liabilities to third parties independently.
4. ORDER EXECUTION.
4.1. Only electronic orders of the Client shall be subject to execution. In an emergency, individual orders may be executed basing on oral instructions of the Client received over the telephone, subject to prior agreement by the Parties.
4.2. The operator of M Biznes Servis shall deny orders in cases set forth in the Rules.
5. COMMUNICATION BETWEEN THE PARTIES.
5.1. The Parties shall communicate by the following means:
| Communication Type |
M Biznes Servis |
Client |
| Telephone |
+7 (495) 232-3365
|
|
| Cellular Telephone |
+7 (495) 506-3880 |
|
| Fax |
+7 (495) 232-3365 |
|
| Email |
corp@akmos.com |
|
6. OBLIGATIONS OF THE PARTIES.
6.1. In the the event of break of this Agreement or the
Rules by the Client, M Biznes Servis shall have the right
to cancel or suspend the Agreement.
6.2. M Biznes Servis shall not be liable for Client's losses resulting from execution of orders of an Agent of the Client by M Biznes Servis, if the Client should withdraw Agent's authorization to issue orders to M Biznes Servis, but fail to notify M Biznes Servis about said withdrawal in a timely manner.
6.3. Complaints of one of the Parties against the other shall be
lodged within 2 business days from coming the grounds thereof into existence.
6.4. The Party receiving a complaint shall have to consider it and issue a substantial reply within five business days of receipt.
6.5. All disputes and differences arising from this Agreement or in relation thereof shall be in all possibility resolved by the Parties through negotiation.
6.6. In the event of a irreconcilable dispute, the dispute shall be referred to the Arbitration Court of the City of Moscow.
7. FORCE MAJEURE.
7.1. The Parties shall not be liable for nonperformance of this Agreement in the entirety or in part or undue performance thereof, if this nonperformance or undue performance is caused by extraordinary circumstances that have arisen after the conclusion of this Agreement, that could not have been foreseen or prevented (natural disasters, wars and hostilities, legislative changes in the countries of residence of the Parties, precipitous changes in currency rates on the international markets and so forth).
7.2. M Biznes Servis shall not be liable for delayed transmission of the orders arising from technical malfunctions or organizational failures resulting from causes outside of the scope of control of M Biznes Servis.
7.3. The Party caused to be unable to perform this Agreement shall have to notify the other Party in writing within 5 days from the moment of coming of the aforementioned circumstances into existence about such existence and assumed duration thereof. The facts presented in the notice shall have to be witnessed by the authorized representative of the respective Party.
7.4. Party failing to notify or notifying late shall forfeit the right to cite any of the aforementioned circumstanses as grounds for nonperformance or undue performance of the obligations.
8. TERM AND DISSOLUTION OF THE AGREEMENT.
8.1. This Agreement shall be valid from the date of crediting Client's subaccount with the funds specified in the Rules. The performance of the Agreement on the part of M Biznes Servis shall be ceased upon closing of the account and M Biznes Servis shall only be liable for return of the balance of the subaccount to the Client.
8.2. The dissolution of the Agreement may be initiated by one of
the Parties who shall notify the other Party of the intent thereto no later than 10 days in advance. The Client must close all open positions no later than 3 days before dissolving the Agreement. In such a case, an authorized representative of M Biznes Servis shall approve the release of unincumbered funds to the Client.
8.3. Revisions and amendments to this Agreement must be duly drawn up and signed by the Parties to be valid.
9. BANK DETAILS AND ADDRESSES OF THE PARTIES (legal entities only)
| M Biznes Servis |
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113114, Moscow, Letnikovskaia Street, Building 16, Suite 4
Postal Address: 107174, Moscow, Kalanchevskaia Street, Building 2/1, Suite 825
INN 7705099707
c/a 30101810000000000311
BIC 044525311
acc 40702810900000001306
in "InvestSBERBANK" Bank
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