CONTRACT FOR THE PROVISION OF INFORMATION SERVICES

IN EDITION OF 27.01.2021

MAIN DEFINITIONS USED IN THE CONTRACT

Tender.am electronic information platform (platform, system): Software and equipment system operating on https://tender.am web-page and envisaged for provision of an electronically classified Information.

System Operator (Operator): A legal entity providing a System Access License and the owner of the Platform.

Access license: login and password provided by the Operator for entering the System and receiving information defined under commercial terms.

Commercial terms (Commercial Offer): A commercial offer provided to the Joiner after registration on the Platform, which includes the Price and period of validity for a License , field of the provided Information.  Commercial Offer is an integral part of this Contract.

Joiner: A legal entity or individual entrepreneur who have a willingness to get System Access License.

User: A legal entity or individual entrepreneur who owns a System Access License.

Notification: Information or other type of message electronically provided to the User.

Conscientious use of System: Self-use of Access License  provided by the Operator. The spreading of Access License by any means is considered as unconscientious use. The  inappropriate exploiting of the system with intervention of other technical means,  programs and providing information to third parties in any way,  on either a paid-for  or cost-free basis   will also be considered as unconscientious use.

Information: The existence of the tender Announcement for the purchase, or related information and/or documents  in the system database.

Software restrictions for using the system: Reasonable software restrictions necessary for ensuring conscientious, safe, goal-oriented exploitation  of the System, and Information security, taking into account that they should not hinder the availability of  the information for Users, which is defined under commercial terms.

         “BARRUS GROUP” LLC , hereinafter referred to as the– System ‘’Operator’’, represented by its Director A. Hambardzumyan, acting on the basis of the Company Charter, on the one hand and аny Legal Entity or Sole Proprietor, who joins  this Contract, hereinafter referred to as the ‘’User’’,, on the other hand, hereinafter collectively referred to as the Parties, being guided by the current Legislation of the Republic of Armenia, signed the current Contract on the following:

1. CONTRACT SUBJECT

1.1 The subject matter of this Contract is the provision of Information services to Users by providing a System Access License under Commercial Terms established by the Platform operator.

2. CONTRACT CONCLUSION TERMS 

2.1 This Contract is a Joining Contract in accordance with part 1 of Article 444 of the RA Civil Code.

2.2 The moment of joining this contract is considered to be the moments of payment of the Contract Price by Joiner in accordance with Point 4 of the Contract as well as the moment of signing by the Joiner the settlement document  issued by the Platform Exploiter through the System of Issuance of Electronic Settlement Documents and Books of the RA State Revenue Committee for residents of RA. For the RA non-resident Joiner the moment of joining this contract is considered to be the moment of confirmation of the fact of paying the Contract Price in accordance with Point 4 of the Contract.

2.3 Registration on the Platform shall mean the full and unconditional acceptance of the terms of this Contract by the Joiner in the edition currently published on the Platform.

2.4 The Joiner has no right to amend the terms of this Contract.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 Operator has a right to:

3.1.1 Record all entries into the System.

3.1.2 Apply software restrictions on using the System.

3.1.3 Block the User's access to the Platform in case of non-fulfillment or improper fulfillment of the obligations envisaged in this Contract.

3.1.4 In case of non-fulfillment or improper fulfillment of the obligations envisaged in this Contract by the User, unilaterally terminate this Contract claiming compensation for damages.

3.1.5 Unilaterally terminate this Contract at any time by notifying the User thereon by email 5 (five) days before that, and return the rest amount of service paid by the user for days of not rendered service  on a daily calculation way.

3.2 Operator is obliged to:

3.2.1 Provide the System Access License for a resident User of the RA,  within 3 (three) working days upon signing by the resident User of the RA the document provided for by the point 2.2 of this Contract, and in case of the impossibility thereof cancel the mentioned document and return the amount provided for by point 4.2 of the Contract. Provide the System Access License for a non-resident User of the RA,  within 3 (three) working days after the moment of confirmation of the fact of payment of the Contract Price, and in case of the impossibility thereof  return the amount provided for by point 4.2 of the Contract. 

3.2.2 Ensure the twenty-four-hour normal, uninterrupted operation of the Platform, from the moment of providing the System Access License until the end of the time limit set by the Commercial Offer, except for interruptions conditioned by performance of technical maintenance works.

3.2.3 Notify Users about amendments of this Contract terms at least 10 (ten) days before the amendments enter into force.

3.3 The User has right to:

3.3.1 Use the System in the time period stipulated by Commercial Offer

3.3.2 In case of amendments to the Contract terms prematurely terminate the Contract and claim return of the amount paid for days of not rendered service, by means of written notification to the Operator before the amendments enter into force.

3.4 The User is obliged to:

3.4.1 Uphold the requirements of the RA Legislation and this Contract.

3.4.2 Use the System conscientiously and not avoid software restrictions of using the System.

3.4.3 Keep safe and not provide to other persons the license for accessing the Platform.

3.4.4 Not to disseminate,  publish any information taken from the notification System without the written consent of the Operator.

3.4.5 Inform the Operator in case of simultaneously using of the provided System Access License by different computers and (or) other technical means.

3.4.6 Ensure the authenticity of the data provided during registration on the Platform, and in case of changing them provide to the Operator the amended information no later than within 5 (five) working days.

4. THE PRICE OF THE CONTRACT AND PAYMENT TERMS

4.1 The Price of this Contract is determined by the Commercial Offer, which is an integral part of this Contract.

4.2 The Contract price shall be fully paid to the Operator by the Joiner by the methods and on time established by the Commercial Offer

5. THE VALIDITY PERIOD AND AMENDMENTS PROCEDURE OF THE CONTRACT

5.1 The Contract comes into force upon joining and shall remain in force until the end of the time limit established by Commercial terms.

5.2 The Services shall be deemed rendered upon the expiration of the time limit of rendering service established by Commercial terms. 

5.3 The Operator may send a new Commercial offer before the end of the Contract time limit and the Contract is considered to be re-signed in case of fulfillment of the requirements provided by points 2.2 and 4.2 of the Contract by the User who received a new commercial offer.

5.4 The Operator may unilaterally make amendments in the Contract that are being published in the System and before publishing the amendment, for the Users who have joined the Contract they come into force on the tenth day following the day of their publication.

6. RESPONSIBILITIES OF THE PARTIES

6.1 In case of any breach of the duration of Providing services, if the breach lasted one day and more, the Operator shall extend the opportunity to use the System by extending the period of provision of the services envisaged in the Commercial Offer by the number of breached days, provided that such a breaching is not related to the unscrupulous actions of the User.

6.2 The Operator is not responsible for the content of the information available in the system if they correspond to official sources.

6.3 The Operator is not responsible for the inaccessibility of information available in the System, which is not envisaged in the Commercial Terms, but relates to the User's areas of activity (interest).

6.4 If User after a System malfunctions within 10 (ten) days does not notify to the Operator about unavailability of the service provision, the Operator is not responsible for this.

7. THE IMPACT OF FORCE MAJEURE

7.1 The Parties shall be exempted from any responsibility for failing to fulfill their contractual obligation fully or partially , if it is arisen due to force majeure after the conclusion of this Contract, which the Parties might not have foreseen or prevented. Such circumstances are earthquake, flood,  war, declaration of martial law or state of emergency, political unrest, strikes, termination of functioning of communication facilities, disconnection of internet connection, acts of state bodies and etc. which make the fulfillment of the contractual obligations impossible. If the force-majeure keeps affecting more than 3 months, each of the parties has the right to terminate the Contract by concluding a Contract Termination Agreement, notifying the other party in advance.

8. FORMS AND PROCEDURE FOR COMMUNICATION OF PARTIES

8.1 The Parties shall provide the following types of communication for the executing the functions deriving from this Contract:

• by means of the Platform
• by email

8.2 The Parties shall do their document circulation and transmission of information entirely via above mentioned telecommunication means and the documents, information, assignments and other measures related to this Contract are deemed duly provided from the moment of transferring from one Party to the other Party.

8.3 In case of changing communication means mentioned in 8.1 point, as well as of addresses / legal, business /, the Parties are obliged to inform each other about that during 5/five/ working day providing the changed data.

9. PROCEDURE FOR RESOLVING DISPUTES

9.1 Disputes arising around the Contract between the parties shall be resolved by direct negotiations of Parties.

9.2 In case of not resolving the disagreements within a month from the day of the beginning of the direct negotiations, they shall be resolved in a manner provided by legislation of the Republic of Armenia.

10. FINAL PROVISIONS

10.1 This Contract is drawn up in English.

10.2 All issues not regulated by the Contract shall be regulated in the manner prescribed by the legislation of the Republic of Armenia.

Platform Operator

“Barrus Group” LLC

Republic of Armenia, Yerevan, Arshakunyats 2, 430

TIN 01847616