INFORMATION SERVICE AGREEMENT №_____
Moscow
M Business Service LLC, hereinafter referred to as M BUSINESS SERVICE;, and represented by its Director Mr. Eugene A. Sokolinsky, acting in accordance with the Articles, on the one part, and ________________________________, hereinafter referred to as the Client, on the other part, hereinafter jointly referred to as Parties, have entered this Agreement as follows:.
1. Subject
M BUSINESS SERVICE provides the Client with real time information on world currency market as well as technical means for trading orders and consulting services placement under the terms and procedures set forth herewith.
2. General
2.1. This Agreement is based on adherence by the Parties to Rules and Restrictions of Currency Trading in Akmos Trade Dealing Center , to hereinafter as Rules;.
2.2. Within the scope of this Agreement M BUSINESS SERVICE acts as an authorized representative of the Client for entry and logging of the Client's orders, record keeping, and trading operations control.
2.3. The Client shall also be understood as a third party hereinafter referred to as Agent, being commissioned to manage the trading account thereof.
3. Obligations
3.1. M BUSINESS SERVICE is obliged:
3.1.1. To be warrantor of Rules fulfillment including the part concerning the financial obligations of Akmos Trade Ltd. with respect to the Client according to the Article 361 of the Civil Code of the Russian Federation and General Agreement between M BUSINESS SERVICE and Akmos Trade Ltd.
The relationships between the Client and Akmos Trade Ltd. arising from the Security Deposit Subaccount ;№_____are governed by the Rules, and shall be deemed established by the Warrantor upon crediting the specified subaccount with the funds.
Note:
Pecuniary liability of the warrantor (M BUSINESS SERVICE) with respect to the Client is insured by the insurance company Soglasie LLC (Insurance police No. 08121–09917/08 OTPI).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 24-hours telephony through the operators of M BUSINESS SERVICE..
3.1.4. To provide conversion into electronic format and timely transmission of orders issued by the Client.
3.1.5. To log the Client's orders and execution thereof, and provide the Client with required extracts upon request.
3.1.6. Confirm crediting of the Client subaccount at Akmos Trade Ltd. under the №_____ immediately.
3.2.1. To submit formal complaints with M Biznes Servis within two business days from the moment of the order issue, should handling or logging thereof appear unsatisfactory; or otherwise, waive the right to any recourse against M BUSINESS SERVICE.
3.2.2. To use the information obtained from M BUSINESS SERVICE exclusively in the information system M BUSINESS SERVICE except otherwise agreed by the Parties.
3.3. The Client has the right to pay to M BUSINESS SERVICE only for information service which amounts to 960 RUR a year (VAT is not taxed). In this case the Agreement comes into force upon payment for information service, notwithstanding if the Client follows the p. 8.1.
3.4. The Parties themselves and independently calculate and pay appropriate taxes and other liabilities to third parties.
4. Order Execution
4.1. Only electronic orders of the Client shall be subject to execution. As an exception, individual orders may be executed based on oral instructions of the Client received over the telephone, subject to prior agreement by the Parties.
4.2. The operator of M BUSINESS SERVICE shall deny orders in cases set forth in the Rules.
5. Communication Between the Parties
5.1. The Parties shall communicate as follows:
| Communication type | M BUSINESS SERVICE Details | Client Details |
|---|---|---|
| Phone | (+7 495) 232–33–65 | |
| Cell Phone | (+7 495) 506–38–80 (operator) | |
| Fax | (+7 495) 232–33–65 | |
| corp@akmos.com |
6. Liabilities
6.1. Shall the Client violates the terms of this Agreement or the Rules, M BUSINESS SERVICE shall have the right to terminate or suspend the Agreement.
6.2. M BUSINESS SERVICE shall not be liable for Client's losses resulting from execution of the Agent's orders by M BUSINESS SERVICE, if the Client withdrew Agent's authorization to issue orders to M BUSINESS SERVICE, but fail to notify M BUSINESS SERVICE about said withdrawal in a timely manner.
6.3. Claims of one Party to the other shall be submitted within two business days upon the grounds thereof occur.
6.4. The Party receiving a complaint shall consider it and issue a substantial reply within five business days from receipt.
6.5. . In case of disputes arising from or in relation to the resent Contract, Parties shall do their utmost to settle such disputes through negotiations.
6.6. Upon failure to come to mutual agreement, the dispute shall be referred to the Arbitration Court of Moscow.
7. Force Majeure
7.1. Upon occurrence of the circumstances fully or partially preventing the Parties to fulfill its obligations, stipulated by this Agreement, such as war, military actions of any form, blockade, export or import embargo, fires, floods, earthquakes and other natural disasters beyond the control of any party, the data of execution of parties' obligations shall be delayed in proportion to the period the specified obligations were in effect. If the specified circumstances continue to be on force for more than three months, any Party has the right refuse to fulfill its obligations under this Agreement, and in such case the other Party shall not be entitled to make a claim to the other Party for loss reimbursement. The Party for whom such circumstances occur shall immediately advise the other party on beginning and termination of the circumstances preventing the Party to fulfill its obligations. The proper prove of presence and continuation of the above mentioned circumstances shall be certificates issued by the Chambers of Commerce.
7.2. M BUSINESS SERVICE 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 BUSINESS SERVICE.
7.3. The Party caused to be unable to perform obligations shall notify the other Party in writing within 5 days upon occurrence of the above mentioned circumstances about such occurrence and assumed duration thereof.
7.4. The Party failing or being late to notify shall forfeit the right to refer to any of the above mentioned circumstances as grounds for nonperformance or undue performance of the obligations.
8. Agreement Duration and Termination
8.1 This Agreement comes into force and is subject to execution by M BUSINESS SERVICE upon crediting Client's subaccount with the funds specified in the Rules. The execution of the Agreement on the part of M BUSINESS SERVICE shall be ceased upon closing of the account and M BUSINESS SERVICE shall only be liable for return of the balance of the subaccount to the Client.
8.2.The Agreement termination may be initiated by one of the Parties.
8.2.1. The Agreement can be terminated by M BUSINESS SERVICE through the notice to the Client sent no later than 10 days in advance. All positions of the Client open upon notice can be closed by force 3 days before the Agreement termination. At the same time the open within the Client's account positions are locked. If by the Agreement termination the Client has positions opened before the notice, the termination occurs automatically when the Client closes the positions.
8.2.2. The Client has the right to terminate the Agreement only if there are no open positions.
8.3. Revisions and amendments to this Agreement take effect if duly drawn up and signed by the Parties.
9.Bank Details (legal entities only)
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|---|---|
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M BUSINESS SERVICE
Postal address: 115054, Moscow, Bolshoy Strochenovskiy alleyway, Building 22/25, Office 402 Bank details: TIN 7705099707 |
Parties' Signatures:
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