Service agreement

Standard form of contract for the provision of international express delivery services for legal entities – residents
revision No. 12.19-1 dated 05.12.2019

CONTRACT №___________
for the provision of international express delivery services

city________________
«_______» 20___ year

LIMITED LIABILITY COMPANY «MULTI POSTAL SERVICE» (hereinafter — the «Contractor»), represented by the director Zhuk Myroslava Serhiivna, acting on the basis of the Charter, on the one hand, and _______________________________ (hereinafter – the «Customer») represented by _______________________________ acting on the basis of _____________ on the other hand, hereinafter jointly the Parties, and separately the Party, have concluded this Contract as follows: This Contract by its legal nature is a mixed contract and contains elements of a contract of carriage, transport forwarding and a contract of agency. To the relations defined by this Contract, the Parties apply the Terms of Service, which are public and located on the website https://мпс.укр

1. TERMS AND DEFINITIONS

  • 1.1. The terms and definitions provided for by this Contract are interpreted in the meanings given in the Terms of Service.

2. SUBJECT OF THE CONTRACT

  • 2.1. The Contractor undertakes to provide the Customer with international express delivery services for IEDs moving across the customs border of Ukraine as IEDs, which are defined in clause 2.2. of the Contract, and the Customer undertakes to accept the services provided and timely pay for the services provided by the Contractor. The date of assumption of the obligations provided for by this contract by the Parties is the date of receipt of the IED for the provision of international delivery services.
  • 2.2. The list of services provided by the Contractor to the Customer is specified in this Contract and the Terms of Service posted on the Website and includes (including, but not limited to):
    • 2.2.1. Organization of acceptance of IEDs.
    • 2.2.2. Acceptance from the Customer of accompanying documents for IEDs.
    • 2.2.3. Storage of the IED from the moment of its acceptance until the moment of its issuance to the Recipient.
    • 2.2.4. Services for organizing delivery of the IED to the Recipient.
    • 2.2.5. Customs clearance of IEDs (simplified clearance and/or customs declaration)
    • 2.2.6. Organization of payment of relevant fees and payments within this Contract.
    • 2.2.7. International carriage of IEDs.
    • 2.2.8. Other services provided on the Website and/or in the Terms of Service in accordance with the Customer’s application.
  • 2.3. Acceptance by the Contractor of the IED for the provision of services defined by the Contract.
  • 2.4. The provision of services in the field of customs declaration of IEDs moving across the customs border of Ukraine is carried out on the basis of the Customer’s application for each IED.

3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

  • 3.1. Obligations of the Contractor:
    • 3.1.1. Provide services in accordance with the terms of the Contract.
    • 3.1.2. Organize acceptance and storage of the IED until the moment of its issuance to the Recipient, provided the Customer complies with the provisions of the Contract.
    • 3.1.3. Ensure the safety of the IED from the moment of acceptance for carriage until the moment of its issuance to the Recipient.
    • 3.1.4. Perform international carriage of the IED.
    • 3.1.5. Calculate customs payments in accordance with the current legislation of Ukraine.
    • 3.1.6. Provide customs authorities with documents containing information necessary for customs clearance.
    • 3.1.7. At the Customer’s request, inform the latter about the progress of customs clearance.
  • 3.2. Rights of the Contractor:
    • 3.2.1. Receive payment for the Services and compensation for customs clearance of cargo in the amounts and within the terms provided for by the Contract and/or the carriage application and/or the Tariffs.
    • 3.2.2. Receive from the Customer the information necessary for the provision of services.
    • 3.2.3. Suspend the performance of its obligations under this Contract and withhold the IED in the event of the Customer’s failure to perform its obligations provided for by this Contract, until their full performance.
    • 3.2.4. Unilaterally revise (change) the Tariffs, as well as introduce or cancel surcharges due to changes in the legislation of Ukraine, changes in resolutions, acts, norms, orders of executive bodies, economic changes affecting the market of services defined by the Contract, or in connection with changes in the volumes of IEDs carried for the Customer, with prior notice within 5 (five) calendar days before the entry into force of the changed Tariffs. In the event of changes in the legislation of Ukraine, unilaterally revise (change) the Tariffs, as well as introduce or cancel surcharges with prior notice within up to 5 (five) calendar days before the entry into force of the changed Tariffs. Proper notice to the Customer shall be notice in one of the following ways: by posting information on the Contractor’s website, sending an electronic message to the Customer’s email address, sending a postal item with acknowledgment of receipt to the postal address, or a courier item.

Standard form of contract for the provision of international express delivery services for legal entities – residents
revision No. 12.19-1 dated 05.12.2019

4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

  • 4.1. Obligations of the Customer:
    • 4.1.1. Before transferring the IED to the Contractor, familiarize itself on the Website with the Terms of Service.
    • 4.1.2. Make timely and full payment for the Contractor’s services.
    • 4.1.3. Correctly and legibly fill out the carriage application, informing the Contractor of information about the IED (its contents).
    • 4.1.4. Provide the Contractor with all accompanying documents necessary for the proper provision of services by the Contractor, and at the Contractor’s request provide the contents of the IED for inspection.
    • 4.1.5. In case of receipt of the IED in improper condition (damage, shortage, etc.), record its condition in the relevant Act, with the obligatory participation of representatives of the Customer and the Contractor. The acceptance-transfer Act (which records damage to the IED, shortage, etc.) is drawn up during the transfer of the IED to the Customer.
    • 4.1.6. Pack the IED properly for its preservation during transportation and loading-unloading operations.
  • 4.2. Rights of the Customer:
    • 4.2.1. To receive services in accordance with the terms of the Contract.
    • 4.2.2. To require from the Contractor information about the latter’s performance of the services provided for by the Contract.

5. COST OF SERVICES AND SETTLEMENT PROCEDURE

  • 5.1. The cost of the Contractor’s services under this Contract is determined in accordance with the tariffs posted on the Contractor’s website or in the relevant appendices and/or additional agreements to this Contract, which are an integral part thereof. The Contractor has the right to revise the amount of the exchange rate surcharge on the first day of each month, notifying the Customer thereof in any available way (including, but not limited to: when transferring the IED to the Customer and/or posting such information on the Website). Tariffs taking into account the exchange rate surcharge enter into force from the date of their publication on the website.
  • 5.2. Payment for the cost of services is made by the Customer in Ukrainian national currency (hryvnia). The date of payment under this Contract is the date of crediting funds to the Contractor’s bank account. The Customer pays for the Contractor’s services before sending the IED, in advance and in full.
  • 5.3. The Customer’s transfer of the IED to the Contractor for the provision of the service is evidence that the Customer agrees with the Contractor’s tariffs.
  • 5.4. Tariffs may be changed by the Contractor unilaterally by posting the changed tariffs on the Contractor’s website.
  • 5.5. At the end of each month, the Parties sign an Act certifying the fact of performance (provision) of services for the specified period.
  • 5.6. If within 5 (five) days after sending the Act to the Customer, the Contractor does not receive the Act signed by the Customer or a reasoned refusal to sign the Act, the services provided are considered accepted in full, in compliance with all terms of the Contract (for the amount specified in the Act).

6. LIABILITY OF THE PARTIES

  • 6.1. For violation of the performance of their obligations under this Contract, the Parties bear liability determined by this Contract, the Terms of Service and/or the current legislation of Ukraine.

7. TERM OF THE CONTRACT AND PROCEDURE FOR ITS TERMINATION

  • 7.1. This contract enters into force from the date of its signing by the parties and is valid for 1 (one) year from the date of signing, but in any case until the parties fully perform their obligations under this contract. If none of the Parties to the contract notifies the other Party in writing 30 (thirty) calendar days before the expiration of the contract term about the termination of the contract, the term of the Contract is prolonged (extended) for one year on the same terms.
  • 7.2. Expiration of the term of this Contract or its termination does not release the Parties from liability for its violation that occurred during the term of this Contract.
  • 7.3. The Parties have the right to terminate this Contract unilaterally by written notice to the other Party of termination of this Contract no less than 20 (twenty) calendar days before the expected date of termination of the Contract.
  • 7.4. Obligations of the Parties that arose during the term of this Contract but were not performed at the time of its termination continue to apply after the termination of this Contract until such obligations are fully performed by the Parties.

8. DISPUTE RESOLUTION PROCEDURE

  • 8.1. In the event of disputes arising in connection with this Contract, the Parties resolve them through negotiations.
  • 8.2. If it is impossible to settle the issues through negotiations and pre-trial settlement of the dispute, disputes between the Parties shall be resolved in accordance with the current legislation of Ukraine.
  • 8.3. IED inspection acts, commercial acts, expert opinions and other documents containing information about the nature and causes of damage, spoilage, loss, shortage of the contents of the IED, drawn up without the participation of an authorized representative of the Contractor, are invalid and are not taken into account when considering a claim.

9. OTHER TERMS

  • 9.1. After signing this Contract, all prior negotiations, correspondence, protocols of intent and any other oral and written agreements of the Parties on issues that in one way or another relate to this Contract lose legal force.
  • 9.2. Changes to this Contract may be made by mutual consent of the Parties, formalized by an additional agreement to this Contract.
  • 9.3. Changes and additions, additional agreements and appendices to this Contract, acts and any other documents signed by both Parties in accordance with this Contract are an integral part thereof and have legal force if they are set out in writing, signed by the Parties and sealed with their seals.
  • 9.4. The Parties to the Contract have agreed that the exchange of acceptance-transfer acts for the services provided under the Contract between the Parties is carried out by drawing up Acts in electronic form with the application of electronic digital signatures of the Parties.
  • 9.5. Signing of Acts in electronic form is carried out by the Parties in accordance with the procedure and within the terms provided for by the terms of the Contract.
  • 9.6. The exchange of electronic documents by the Parties is carried out in the information automated system «M.E.Doc».
  • 9.7. Neither Party has the right to transfer its rights under this Contract (in particular, assignment of the right of claim and/or transfer of debt under this Contract) to third parties without the written consent of the other Party.
  • 9.8. All corrections in the text of this Contract have legal force and may be taken into account exclusively provided that they are, in each specific case, dated, certified by the signatures of the Parties and sealed with their seals.
  • 9.9. The Parties are responsible for the correctness of the details specified in this Contract and undertake to promptly notify in writing of their change, and in case of failure to notify, bear the risk of adverse consequences related thereto.
  • 9.10. The invalidity (recognition as invalid) of any of the provisions (terms) of this Contract and/or appendices thereto is not grounds for the invalidity (recognition as invalid) of other provisions (terms) of this Contract and/or the Contract as a whole.
  • 9.11. This Contract is concluded with the full understanding by the Parties of its terms and terminology in Ukrainian in 2 (two) authentic copies, which have equal legal force, one for each Party.
  • 9.12. The Contractor confirms that it is a corporate income tax payer on general terms.
  • 9.13. The Customer (hereinafter – the Owner of personal data) confirms that it has given consent to the processing by the Contractor of personal data (any information relating to it, including, but not limited to, information regarding surname, first name, patronymic, passport data, contact phone numbers, etc. (hereinafter – Personal Data)) for the purpose of:
    • 1) Carrying out by the Contractor of its financial and economic activities, offering the full range of services by the Contractor, including by making contacts with the Owner of personal data;
    • 2) Provision by Third parties of services to the Contractor for the performance of its functions and/or for the performance of contracts concluded by the Contractor with Third parties;
    • 3) Protection by the Contractor of its lawful rights and interests.

    The specified Consent is granted for the period necessary in accordance with the purpose of processing Personal Data provided for by this Consent, but in any case until the termination of the Contractor and/or its successors.

Standard form of contract for the provision of international express delivery services for legal entities – residents
revision No. 12.19-1 dated 05.12.2019

The specified Consent is granted for the period necessary in accordance with the purpose of processing Personal Data provided for by this Consent, but in any case until the termination of the Contractor and/or its successors.

10. LOCATION OF THE PARTIES AND PAYMENT DETAILS

CUSTOMER:

Director:
____________________________/
L.S.

CONTRACTOR:

LIMITED LIABILITY COMPANY «MULTI POSTAL SERVICE»
USREOU code 41886356
Legal address: 08301, Boryspil, Serhiia Ovraska street, 1
IBAN UA903052990000026006026810732 (UAH) at JSC «CB «Privatbank», MFO 305299
TIN 418863510283

Director:
___________________/Zhuk_M._S./
L.S.

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