Business Papers (archive). Contract for paid marketing services

EMPLOYMENT CONTRACT

with a marketing specialist

(indefinite term; subject to a probationary period)

D. ___________________ "__"__________ _____ city _____________________________________, hereinafter referred to as (name of organization) "Employer", represented by __________________________________________, (position, full name) acting ___ on the basis of the Charter, on the one hand, and a citizen of the Russian Federation _________________________________________________________________, (full name) hereinafter referred to as ____ “Employee”, on the other hand, have entered into this agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. The Employer instructs, and the Employee assumes, the performance of labor duties as a marketing specialist in _____________________________________________________. (name of the structural unit of the organization)

1.2. The work under this agreement is the main one for the Employee.

1.3. The Employee’s place of work is the organization’s office located at: _____________________________________________________.

1.4. In order to verify the compliance of the Employee’s qualifications with the position held and his attitude to the work assigned, the Employee is given a probationary period of ____ (__________) months from the date of commencement of work specified in clause 2.1 of this agreement.

1.5. The Employee’s work under this agreement is carried out under normal conditions. The Employee’s labor duties are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.6. The employee reports directly to _________________________.

2. DURATION OF THE AGREEMENT

2.1. The employee must begin performing his job duties from "___"_________ ____.

2.2. This agreement is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid a salary in the amount of _____ (_______________) rubles per month.

3.2. The employer establishes incentives and compensation payments (additional payments, allowances, bonuses, etc.). The amounts and conditions of such payments are determined in the Regulations on bonus payments to employees "______________", which the Employee was familiarized with when signing this agreement.

3.3. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of __% of the salary for the combined position.

3.4. Overtime work is paid for the first two hours of work at one and a half times the rate, for subsequent hours - at double the rate. At the Employee's request, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.5. Work on a day off or a non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a day off or a non-working holiday was carried out within the monthly standard working time, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly working hours. At the request of an Employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

3.6. The Employee's wages are paid by issuing cash at the Employer's cash desk (option: by transfer to the Employee's bank account).

3.7. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING AND REST TIME REGIME

4.1. The employee has a five-day work week with two days off - Saturday and Sunday.

4.2. Start time: _________________________________.

Closing time: _____________________.

4.3. During the working day, the Employee is given a break for rest and food from ___ hour. up to ___ hour, which is not included in working hours.

4.4. The employee is granted annual paid leave of ___ (at least 28) calendar days.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "_____________________".

5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following duties:

Carry out the development of measures for the production of products (goods) and the provision of services that find the greatest demand and market;

Promote the balanced development of production and the service sector, prepare proposals for choosing and changing directions for the development of the product range, production, economic and business activities;

Participate in the development of marketing policies, determine prices, create conditions for the systematic sale of goods and expansion of services provided, satisfying the demand of buyers (clients) for goods and services;

Study the market for similar goods and services (analysis of demand and consumption, their motivations and fluctuations, the activities of competitors) and its development trends;

Forecast sales volumes and forms consumer demand for goods and services, identifies the most effective sales markets, as well as requirements for the quality characteristics of the product (method of its production, service life, rules of use, packaging) or the service provided;

Investigate the factors influencing the sales of goods and those that are important for the successful implementation of the services provided, types of demand (sustainable, rush, short-term, etc.), reasons for its increase and decrease, differentiation of the purchasing power of the population;

Improve information support for ongoing market research;

Develop programs for generating demand and stimulating sales, recommendations for choosing a market in accordance with available resources;

Determine measures, prepare proposals and develop recommendations to improve the quality and improve the consumer properties of goods and services, prospects for the development of new products and sales markets, taking into account the socio-demographic characteristics of various population groups, the state and dynamics of their income, traditions and tastes, as well as the necessary for this costs of all types of resources, including raw materials, materials, energy, personnel;

Analyze the competitive environment taking into account changes in the tax, price and customs policies of the state, turnover volume, profit from sales, competitiveness, speed of sales, factors affecting sales;

Monitor sales, compare planned data with the results obtained in terms of volume, revenue, time of sales (provision of services) and the territory of their distribution, identify deviations and changes in market conditions;

Ensure increased efficiency of business activities, profits and income, increased competitiveness of goods and services;

Take part in the training, retraining and advanced training of management personnel, taking into account the requirements of a market economy.

5.1.2. Comply with the Internal Labor Regulations "____________" and other local regulations of the Employer.

5.1.3. Maintain labor discipline.

5.1.4. Comply with labor protection and occupational safety requirements.

5.1.5. Treat the property of the Employer and other employees with care.

5.1.6. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property.

5.1.7. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without prior permission from management.

5.1.8. Do not disclose information that constitutes a trade secret of the Employer. Information that is a trade secret of the Employer is defined in the Regulations on Trade Secrets "____________________".

5.1.9. By order of the Employer, go on business trips in Russia and abroad.

5.2. The employee has the right to:

5.2.1. Providing him with work stipulated by this Agreement.

5.2.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.

5.2.4. Compulsory social insurance in cases provided for by federal laws.

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulations, local regulations, and the terms of this Agreement.

6.1.2. Provide the Employee with work stipulated by this Agreement.

6.1.3. Provide the Employee with equipment, documentation and other means necessary to perform his job duties.

6.1.4. Pay the full amount of wages due to the Employee within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the Employee’s everyday needs related to the performance of his job duties.

6.1.6. Carry out compulsory social insurance for the Employee in the manner established by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious, effective work.

6.2.2. Require the Employee to fulfill job duties specified in the job description, to take care of the property of the Employer and other employees, and to comply with the internal labor regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

8. WARRANTY AND COMPENSATION

8.1. During the period of validity of this Agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer’s internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with labor legislation Russian Federation.

9.2. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of his compensation for damage to other persons.

9.3. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

9.4. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

10. TERMINATION OF THE AGREEMENT

10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.2. In all cases, the day of dismissal of the Employee is the last day of his work.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and are not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

11.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

12. DETAILS OF THE PARTIES Employer: _______________________________________________, address: _________________________________________________________, INN ___________________________, checkpoint ___________________________, settlement account ______________________________ in ___________________________, BIC ______________________________. Employee: ___________________________________________________, passport: series ______, number ________, issued _____________________ __________ "___"_________ ____, department code ____________, registered at the address: ___________________________________. 13. SIGNATURES OF THE PARTIES Employer: Employee: ____________/_________________ __________________________ M.P.

provision of marketing services in a person acting on the basis, hereinafter referred to as " Customer", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Executor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide the Customer with services and/or perform work for the Customer aimed at advertising the Customer’s services (works) and/or goods, as well as a range of services and/or work in the field of corporate and public communications in the manner and on the terms provided for in the Agreement, and The Customer undertakes to accept the services provided and/or the results of the work performed and pay for the services and/or work of the Contractor in the manner and on the terms provided for in the Agreement. A specific list of services and/or work provided and performed by the Contractor to the Customer under the Agreement is agreed upon by the Parties in the manner prescribed by the Agreement.

1.2. Services are provided and/or work under the Agreement is performed by the Contractor for the Customer as necessary on the basis of the Annexes concluded by the Parties to the Agreement, which are an additional agreement to the Agreement and its integral part. In the Appendices, the Parties agree on the list, volume, cost, terms, procedure, as well as other conditions for the provision of services and/or performance of work. The Parties hereby establish that each separate Appendix for the provision of services by the Contractor and/or performance of work by the Contractor for the Customer, concluded by the Parties to the Agreement, is a separate transaction, the conclusion and execution of which is governed by the terms and conditions of the relevant Appendix, and the terms and conditions of the Agreement.

2. PROCEDURE FOR EXECUTION OF THE AGREEMENT

2.1. The Contractor is notified by the Customer of the need to provide services and/or perform work under the Contract.

2.2. Within no more than business days from the date of receipt of the Customer’s notice, the Contractor draws up an Appendix to the Agreement and/or agrees on it with the Customer. In the process of approving the Appendix, the Parties have the right to make changes and additions to it.

2.3. The Annex to the Agreement is considered agreed upon by the Parties from the date of signing of the Annex by duly authorized representatives of the Parties. From the date of signing the Appendix to the Agreement, the type, list, volume, cost, terms, procedure for the provision of services and/or performance of work under the Appendix are considered agreed upon, and the Appendix is subject to execution by the Parties in accordance with the terms agreed upon therein. The signed Annex may be amended by the Parties by signing an additional agreement to the Annex by the Parties.

2.4. During the approval process, the Appendix and the documents attached to it may be sent by the Parties to each other, both in writing and by electronic or fax.

2.5. In order to fulfill the Agreement, each Party appoints its representative responsible for the implementation of the Agreement. Any Party may replace its representative during the execution of the Agreement. In the event of such a replacement, the Party replacing its representative must notify the other Party in writing of such replacement business days before the date of replacement. The replacement comes into force on the date the Party receives the relevant notification. Notification of the replacement of the representative must be sent by post, telegraph, teletype, electronic, facsimile or other communication that makes it possible to reliably establish that the document comes from the Party under the Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Contractor undertakes:

3.1.1. Provide services to the Customer and perform work for the Customer in strict accordance with the terms of the Agreement and its Appendices, with due professional skills and integrity.

3.1.2. Provide the Customer with the results of the work performed within the timeframe agreed upon by the Parties. Upon completion of the provision of services and/or performance of work, provide the Customer with Acceptance Certificates for approval and signing.

3.1.3. Timely and fully inform the Customer about all circumstances that impede or make it impossible to provide services and/or perform work under the Agreement and the Appendices to the Agreement.

3.1.4. Do not disclose confidential information and information constituting a trade secret of the Customer, which may be disclosed by the Customer to the Contractor in connection with the execution of the Agreement.

3.1.5. If, during the provision of services and/or performance of work under the relevant Appendix to the Agreement, the Contractor needs to provide information materials and documents subject to approval by the Customer for approval by the Customer, then the Contractor shall provide them for approval to the Customer in the manner and within the time limits agreed upon and specified. by the Parties in the relevant Appendix to the Agreement.

3.2. The performer has the right:

3.2.1. If the relevant Appendix to the Agreement by the Parties agrees and specifies the Customer’s obligation to transfer an advance payment to the Contractor before the date of commencement of the provision of services and/or performance of work, the Contractor has the right, without imposing penalties on him, not to begin providing services and/or performance of work under the Appendix, until the date of transfer by the Customer to the Contractor of the advance payment in the amount specified in the relevant Appendix. The deadlines for the provision of services and/or performance of work under the relevant Appendix are postponed in proportion to the time of delay in payment of the advance on the part of the Customer.

3.2.2. The Contractor has the right, without imposing penalties on him, not to begin providing services and/or performing work under the Application or to suspend the provision of services and/or performing work under the Application, which was accepted by the Contractor for execution, in the event of a delay by the Customer in paying for the services and/or work of the Contractor according to the previous Appendix until the date of payment by the Customer for the specified services and/or works of the Contractor. The deadlines for the provision of services and/or performance of work under the Application are postponed in proportion to the time of delay in payment of services and/or work to the Contractor on the part of the Customer.

3.2.3. If the relevant Appendix to the Agreement by the Parties agrees and specifies the Customer’s obligation to provide the Contractor with information, documents and materials necessary for the Contractor to provide services and/or perform work, the Contractor has the right, without imposing penalties on him, not to begin providing services and/or performing work on the relevant Appendix until the date the Customer provides the necessary documents, information and materials. The deadlines for the provision of services and/or performance of work by the Contractor are postponed in proportion to the time of delay in the provision of materials, information and documents on the part of the Customer.

3.2.4. The Contractor has the right to engage third parties to provide services and/or perform work under the Agreement, while remaining responsible to the Customer for the results of providing services and/or performing work.

3.3. The customer undertakes:

3.3.1. Provide the Contractor with explanations regarding the provision of services and/or performance of work under the Agreement and Appendices.

3.3.2. Upon completion of the provision of services and/or performance of work, accept or accept a reasoned refusal from the Contractor for the services provided and/or the results of the work performed according to the Acceptance Certificates.

3.3.3. Pay for the services and/or work of the Contractor in the manner and on the terms provided for in the Agreement and the Appendices to the Agreement.

3.3.4. Provide the Contractor with the source materials and information necessary for the Contractor to provide services and/or perform work in the manner, terms and conditions agreed upon and specified by the Parties in the relevant Appendices to the Agreement.

3.3.5. Review, comment, coordinate and approve materials and documents prepared and provided by the Contractor to the Customer for approval and approval, in the manner, terms and conditions agreed upon and specified by the Parties in the relevant Appendices to the Agreement. The Parties may coordinate and approve these materials and documents via electronic and fax communications.

3.3.6. Do not disclose confidential information and information constituting a trade secret of the Contractor, which may be disclosed by the Contractor to the Customer in connection with the execution of the Agreement.

3.3.7. Timely and fully inform the Contractor about all circumstances that impede or make it impossible to provide services and/or perform work under the Agreement and the Appendices to the Agreement.

3.4. The customer has the right:

3.4.1. Check the progress and quality of provision of services and/or performance of work without interfering with the professional activities of the Contractor.

3.4.2. Require the Contractor to provide information on the progress of the provision of services and/or performance of work provided and/or performed by the Contractor.

4. COST OF SERVICES AND/OR WORK. PAYMENT PROCEDURE

4.1. The total cost of the Contractor's services and/or work under the Agreement is determined by adding the cost of the Contractor's services and/or work for all Appendices concluded by the Parties to the Agreement. The cost of the Contractor's services and/or work provided and/or performed by the Contractor for the Customer on the basis of the Appendix agreed and signed to the Agreement is determined and indicated by the Parties in the Appendix to the Agreement.

4.2. Payment for the Contractor's services and/or work is carried out separately for each Application in rubles by bank transfer of funds to the Contractor's bank account. The Contractor's services and/or work are paid by the Customer, taking into account value added tax, which is subject to accrual on the cost of the Contractor's services and/or work in the amount provided for by the current legislation of the Russian Federation.

4.3. The procedure for payment for the Contractor's services and/or work under the relevant Appendix to the Agreement is agreed upon and indicated by the Parties in the relevant Appendix to the Agreement.

4.4. The Customer bears bank expenses related to payments under the Agreement in the Customer's bank; bank expenses related to payments under the Agreement in the Contractor's bank are carried out at the expense of the Contractor.

4.5. The date of payment is the date of receipt of funds to the Contractor's bank account.

5. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES AND WORK

5.1. Upon completion of the provision of services and/or performance of work in accordance with the relevant Appendix, the Parties sign the Acceptance Certificate within the time limits agreed upon and specified by the Parties in the relevant Appendix to the Agreement.

5.2. The Customer undertakes to review the Acceptance Certificate within working days from the date of its submission by the Contractor, and if there are no objections to the services provided and/or the results of the work performed, sign the Acceptance Certificate and hand over one signed copy to the Contractor, and if there are any objections, in written motivated form notify the Contractor about existing objections and agree with the Contractor on the timing and procedure for eliminating justified shortcomings and shortcomings in the services provided and/or the results of the work performed and the procedure for resolving the Customer's claims. In this case, the Parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation and/or containing the procedure for resolving the Customer’s claims. If, after working days from the date of receipt of the Acceptance Certificate from the Contractor, the Customer has not signed it and has not notified the Contractor of any objections to the services provided and/or the results of the work performed, the services provided by the Contractor and/or the results of the work performed by the Contractor are considered unconditionally accepted by the Customer without comments, and the Acceptance Certificate signed by the Customer without objections. One copy of the signed Acceptance Certificate is subject to unconditional transfer to the Contractor.

6. TERM OF THE AGREEMENT

6.1. The Agreement comes into force on the date of its signing by duly authorized representatives of the Parties.

6.2. The contract was concluded for a period of . The Agreement is automatically extended for a similar period of validity on similar conditions if neither Party, days before the expiration date of the Agreement, notifies the other Party of its reluctance to renew the Agreement.

6.3. The Annexes to the Agreement come into force from the date of their signing by duly authorized representatives of the Parties and are valid until the date of full fulfillment by the Parties of their obligations arising from the Agreement.

6.4. The Customer has the right to terminate the Agreement unilaterally without going to court by notifying the Contractor days before the date of termination of the Agreement, provided that on the date of termination of the Agreement, the services provided by the Contractor and/or the work performed by the Contractor were fully paid for by the Customer.

6.5. The Contractor has the right to unilaterally, without going to court and without imposing penalties on him, terminate the Agreement by notifying the Customer days before the date of termination of the Agreement, provided that on the date of termination of the Agreement the Contractor does not provide services to the Customer and/or does not perform work under the Application to the Agreement.

6.6. After termination of the Agreement for any reason, neither Party will no longer be bound to the other Party by any additional obligations, with the exception of obligations arising from the Agreement and not fulfilled by the Parties before the date of termination of the Agreement. Regarding unfulfilled obligations, the Agreement will be valid until the date of their full fulfillment.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

7.1. The Parties agree that neither the fact of conclusion of the Agreement by the Parties, nor the fact of disclosure by the Customer to the Contractor of confidential information and/or information constituting a trade secret will mean or imply the transfer by the Customer to the Contractor of any rights to the Customer’s intellectual property or to confidential information and/or information , constituting a trade secret of the Customer. The above means, among other things, that the Contractor will not have the right to use or include in advertising materials, as well as allow other persons to use the Customer’s trademarks and trade names without the prior written consent of the latter.

7.2. The Parties agree that neither the fact of conclusion of the Agreement by the Parties, nor the fact of disclosure by the Contractor to the Customer of confidential information and/or information constituting a trade secret, will mean or imply the transfer by the Contractor to the Customer of any rights to the Contractor’s intellectual property or to confidential information and/or information , constituting a trade secret of the Contractor. The above means, among other things, that the Customer will not have the right to use or include in advertising materials, as well as allow other persons to use the Contractor’s trademarks and trade names without the latter’s prior written consent.

7.3. The Parties also guarantee each other that if, during the execution of the Agreement and the Appendices to the Agreement, any of the Parties needs to use the corporate style of the other Party or its individual elements, then the Parties will preliminarily agree on such use, including methods of use.

7.4. Unless otherwise provided by the relevant Appendices to the Agreement, then:

7.4.1. The Parties hereby acknowledge that if the Contractor, in the course of providing services and/or performing work under the relevant Appendix to the Agreement, creates results of creative activity (results of intellectual activity), regardless of the method of their expression (scripts, creative and design developments, logos, slogans, elements of corporate style, plans, drawings, sketches, layouts, drawings, etc.), which can be recognized as objects of intellectual property and objects of copyright, in accordance with the current legislation of the Russian Federation, hereinafter referred to as “Works”, then the exclusive rights to the Works, created by the Contractor during the provision of services/performance of work under the relevant Appendix to the Agreement belong to the Contractor.

7.4.2. The Contractor transfers to the Customer in full the exclusive rights to the Works created by the Contractor during the provision of services and/or performance of work under the relevant Appendix to the Agreement from the date of signing the Acceptance Certificate - Transfer of exclusive rights to the Works (hereinafter referred to as the Transfer and Acceptance Certificate) provided full payment for the services and/or work of the Contractor, during the provision and/or performance of which these Works were created by the Contractor. In the event that the Contractor transfers to the Customer exclusive rights to the Works created by the Contractor during the provision of services and/or performance of work under the relevant Appendix to the Agreement, on the basis of the Acceptance and Transfer Certificate, the specified rights to the Works are transferred in accordance with Art. 1234 of the Civil Code of the Russian Federation as amended, valid at the time of signing the Transfer and Acceptance Certificate.

7.4.3. The exclusive rights to the Works created by the Contractor in the course of providing services and/or performing work under the relevant Appendix to the Agreement are transferred for the entire period of protection in accordance with the legislation of the Russian Federation to the territory of the whole world without limiting the number of copies of reproduction.

7.4.4. The Customer has the right to transfer exclusive rights to the Works that are transferred to him in accordance with the Agreement to any third parties.

7.4.5. The Parties agree that the Contractor's remuneration for the transfer of exclusive rights to the Works is included in the cost of services and/or work provided and/or performed by the Contractor to the Customer under the relevant Appendix to the Agreement, during the provision and/or performance of which the specified Works were created by the Contractor.

7.4.6. The Contractor guarantees to the Customer that all Works, the exclusive rights to which are transferred to the Customer, are not subject to any rights of third parties that could prevent the Customer from using the Works.

7.4.7. The Contractor has the right to use (mention) the Works, the exclusive rights to which were transferred to the Customer, for the purpose of advertising its activities.

7.4.8. Works created by the Contractor in the course of providing services and/or performing work under the relevant Appendix to the Agreement, which were not finally accepted (approved) by the Customer and/or the exclusive rights to which were not transferred by the Contractor to the Customer under the Transfer and Acceptance Certificate, remain the property of the Contractor and cannot be used by the Customer for any purpose, cannot be modified or edited by the Customer, disclosed or disclosed, made public or made available to any person, firm or corporation without the prior consent of the Contractor and without payment to the Contractor of additional remuneration.

7.5. In the relevant Appendices to the Agreement, the Parties have the right to agree on and indicate additions or restrictions on the methods, terms, scope of exclusive rights to the Works, the territory of use of the Works, as well as the conditions for paying remuneration to the Contractor for the transfer of exclusive rights to the Works, in comparison with what is provided for in clause 7.4 of the Agreement.

8. PRIVACY CONDITION

8.1. The Parties hereby acknowledge that a certain part of the information that is transferred by the Parties to each other to provide services and/or perform work under the Agreement is confidential information and/or information constituting a trade secret of the Parties.

8.2. The Parties undertake not to disclose information that has become known to them as a result of the execution of the Agreement, which is confidential and/or constitutes a trade secret of the Parties. By “Trade secret” the Parties will mean scientific, technical, technological, production, financial, economic or other information recorded on a tangible medium ( including the component of production secrets (know-how)), which has actual or potential commercial value due to its unknownness to third parties, to which there is no free access legally to third parties and in respect of which the Party, as the owner of such information, has introduced a commercial regime secrets. Information constituting a trade secret is transferred by the Parties to each other only with the indication “Trade secret”. “Confidential Information” means any, without limitation, financial, technical, operational and any other information belonging to the disclosing Party about its subsidiaries, services, works, products, clients, intellectual property, potential clients, etc., excluding that information that cannot be confidential by force of law, communicated orally or shown visually with an indication of its confidentiality and/or transferred on media by the disclosing Party to the receiving Party with the indication: “Confidential”.

8.3. The Parties undertake not to disclose confidential information and/or information constituting a trade secret of the Parties that has become known to them, both during the term of the Agreement and for years from the date of expiration of the Agreement.

8.4. For the disclosure of confidential information and information constituting a trade secret, the Parties will bear responsibility under the current legislation of the Russian Federation.

8.5. Subject to the requirements of clause 8.1. – 8.4. of this section of the Agreement, no Party that has disclosed to third parties confidential information and/or information constituting a trade secret belonging to the other Party shall be held liable for the disclosure of said confidential information and/or information constituting a trade secret in the following cases:

if such confidential information and/or information constituting a trade secret was known to the disclosing Party from other sources before the entry into force of the Agreement;
if the disclosure of confidential information and/or information constituting a trade secret occurred with the knowledge of the other Party - the owner of the said confidential information and/or information constituting a trade secret;
if the disclosure of confidential information and/or information constituting a trade secret occurred in accordance with an act of a competent government agency or court that entered into legal force;
if the confidential information and/or information constituting a trade secret was received by the disclosing Party from a third party, provided that such source is not bound by a confidentiality agreement in relation to such confidential information and/or information constituting a trade secret or is otherwise not said confidential and/or trade secret information is prohibited from being disclosed to the disclosing Party due to a contractual, legal or fiduciary obligation, and said source obtained such confidential and/or trade secret information through lawful means.

9. RESPONSIBILITY OF THE PARTIES

9.1. For failure to fulfill or improper fulfillment of their duties and obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

9.2. If it is impossible to execute the relevant Application due to the fault of the Customer, as well as in the event of the Customer’s unilateral refusal to execute the relevant Application and provide services and/or perform work, the Customer undertakes to pay the Contractor for the services actually rendered and/or work performed, as well as reimburse the Contractor for actual expenses, incurred by the Contractor in order to implement the relevant Application and provide services and/or perform work on the basis of primary documents confirming the expenses incurred. In this case, the services and/or work of the Contractor must be paid, and the actual expenses of the Contractor must be reimbursed by the Customer within banking days from the date the Contractor issues an invoice for payment in the amount indicated in the invoice. Actually incurred expenses mean funds transferred (paid) by the Contractor to third parties in the amount of services actually rendered, attracted by the Contractor to provide services/perform work, penalties (fines) and deductions paid by the Contractor to the specified persons, in pursuance of the Agreement and its Appendices, as well as other expenses incurred by the Contractor in pursuance of the Agreement and its Appendices.

9.3. For late payment for the Contractor's services and/or work in accordance with the relevant Appendix, the Contractor has the right to require the Customer to pay a penalty in the amount of % of the overdue amount payable for each day of delay, but not more than % of the total cost of the Contractor's services and/or work in accordance with the relevant Application.

9.4. For delays in the provision of services and/or work in accordance with the relevant Appendix, the Customer has the right to demand from the Contractor payment of a penalty in the amount of % of the cost of the services and/or work of the Contractor, the terms of provision and/or completion of which were overdue by the Contractor, for each day of delay, but no more % of the total cost of the Contractor’s services and/or work under the relevant Appendix. The Contractor is not responsible for delays in the provision of services and/or performance of work if the delay on the part of the Contractor arose through the fault of the Customer.

9.5. The obligation to pay penalties arises from the date the guilty Party receives the request of the injured Party for the accrual and payment of penalties.

9.6. Payment of the penalty does not relieve the Party from fulfilling its obligations.

9.7. The Contractor is not responsible for the quality, adequacy and reliability of the information, documents and materials provided by the Customer for the purpose of the Contractor providing services and/or performing work under the relevant Appendix to the Agreement.

10. SPECIAL PROVISIONS

10.1. If, under the Agreement, the Contractor provides services to the Customer and/or performs work for the Customer aimed at advertising the Customer’s services (works) and/or goods, then the Parties hereby establish the following conditions for the provision of such services and/or performance of such work, if the relevant Appendices to The agreement does not provide otherwise:

10.1.1. The Contractor is not responsible for the actual quality of the advertised goods, works and services of the Customer.

10.1.2. If the Customer’s activities are subject to licensing or if the Customer’s advertised goods/services/works are subject to mandatory certification, the Customer is obliged to provide the Contractor with the appropriate licenses, certificates of conformity or their certified copies. The license number, as well as the name of the authority that issued the license, must be placed in advertising materials in accordance with the requirements of the current legislation of the Russian Federation regarding advertising of such goods/services/works. Failure by the Customer to provide certified copies of the relevant licenses/certificates gives the Contractor the right to suspend the provision of services and/or performance of work under the Application until the date the Customer provides the specified documents to the Contractor.

10.1.3. The Contractor is not responsible for violation of the current legislation of the Russian Federation on advertising or infringement of the rights of third parties, which arises from the transfer to third parties of any advertising materials provided by the Customer, and in the event of claims from third parties and/or government bodies regarding advertising materials provided by the Customer that violate the current legislation of the Russian Federation on advertising, the Customer undertakes to compensate the Contractor for all damage incurred in connection with this by the Contractor.

10.1.4. The Customer guarantees to the Contractor that he has all the necessary rights to any forms of intellectual property used in advertising materials provided by the Customer, and is fully responsible for the use of any forms of intellectual property in advertising materials transferred to the Contractor for placement in the media, including, but not limited to: copyright, related and other rights, before the owners of these rights and before the persons representing them, as well as before the state and judicial authorities of the Russian Federation.

10.2. In the relevant Appendices to the Agreement, the Parties have the right to agree on and indicate additions or other conditions for the provision of services and/or performance of work aimed at advertising the Customer’s services (work) and/or goods.

11. FORCE MAJEURE CIRCUMSTANCES

11.1. The Parties are not responsible for complete or partial failure to fulfill their obligations under the Agreement if this failure was caused by force majeure circumstances beyond the control of the Parties, which the Parties could not help but foresee or prevent on their own.

11.2. A Party that cannot fulfill its obligations under the Agreement due to force majeure circumstances must notify the other Party in writing of the date of occurrence of these circumstances and the expected duration of these circumstances, within business days from the date of occurrence of force majeure circumstances. The notification must be accompanied by a corresponding certificate of the occurrence of force majeure circumstances in the relevant region, issued by authorized organizations, otherwise the right to refer is deprived.

11.3. If force majeure circumstances persist for more than a day, the Parties have the right to terminate the Agreement.

12. PROCEDURE FOR CONSIDERATION AND RESOLUTION OF DISPUTES

12.1. All disputes and disagreements that arise from the Agreement will be resolved by the Parties through negotiations, and if agreement is not reached, in court.

12.2. All disputes are subject to consideration in the Arbitration Court of the city.

12.3. The applicable law is the substantive and procedural law of the Russian Federation.

13. PROCEDURE FOR CHANGE AND TERMINATION OF THE AGREEMENT

13.1. The Agreement may be amended only by agreement of the Parties, drawn up in writing.

13.2. The Agreement may be terminated by agreement of the Parties, as well as unilaterally in cases provided for by the Agreement and the norms of the current legislation of the Russian Federation.

14. FINAL PROVISIONS

14.1. The Parties hereby guarantee to each other that:

they have all legal rights and powers to enter into the Agreement, comply with and implement its provisions;
there is no provision of any existing contract, agreement or other document under which either Party comes into conflict with the Agreement or the performance of any of its provisions;
The parties have received or will duly receive, before the commencement of activities provided for by the Agreement, all permits, approvals, consents and licenses necessary under the legislation of the Russian Federation for the conclusion and implementation of the Agreement.

14.2. The headings of the sections of the Agreement are given for convenience and should not be taken into account by the Parties when interpreting and applying the Agreement.

14.3. If one or more provisions of the Agreement are declared invalid, the invalidity of these provisions will not affect the validity of other, valid provisions of the Agreement, which will continue to be valid for the relations of the Parties arising from the Agreement.

14.4. After signing the Agreement, all previous written and oral agreements, correspondence, negotiations between the Parties related to the Agreement become invalid.

14.5. The Parties have the right to send each other notices, notices, statements, assignments, instructions and other documents necessary for the Parties to fulfill their obligations under the Agreement or otherwise related to the execution of the Agreement or arising from it, by electronic, telephone or fax, except in cases when the terms of the Agreement provide for a written or other strictly defined form of exchange of documents. All written notices, notices, statements, assignments, instructions and other documents necessary for the Parties to fulfill their obligations under the Agreement or otherwise related to the execution of the Agreement or arising from it will be considered to be in writing, corresponding to the Agreement, if they are made in writing form, signed by an authorized person, certified by a seal (in cases where this is provided for by applicable legal acts) and were delivered by courier against signature, registered mail with return receipt requested, registered airmail or telegram, telex or telefax (with telephone confirmation of receipt) .

14.6. The Parties are obliged to notify each other of changes in their location, banking and other details that may affect the Parties’ performance of their obligations arising from the Agreement within business days from the date of change in the relevant details.

14.7. In everything that is not regulated by the Agreement, the Parties will be guided by the norms of the current legislation of the Russian Federation.

14.8. The Agreement is drawn up in two copies in Russian, having equal legal force - one for each of the Parties to the Agreement, and comes into force on the date of its signing by the Parties.

15. LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES

Customer

Executor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

16. SIGNATURES OF THE PARTIES

Customer_________________

Performer _________________

Please note that the service agreement was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

EMPLOYMENT CONTRACT with a marketing specialist (with a probationary condition)

the city of _______________ "___"________ ____ the city of _________________________________, hereinafter referred to as the Employer, (name of the employer) represented by _______________________, acting___ on the basis of ________________, (position, full name) (Charter, etc.) with one the parties, and the citizen of the Russian Federation _______________________________________, (last name, first name, patronymic) hereinafter referred to as___ Employee, on the other hand, entered into an agreement on the following:

1. SUBJECT OF THE AGREEMENT

1.1. The Employer undertakes to provide the Employee with work as a marketing specialist, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and this agreement, in a timely manner and in full. amount to pay the Employee wages, and the Employee undertakes to personally perform the functions of a marketing specialist and comply with the internal labor regulations in force at the Employer.

1.2. Work under a contract is the main one for the Employee.

1.3. The Employee’s place of work is the Employer’s office located at: _________________________.

1.4. The employee reports directly to ________________.

1.5. The Employee’s work under the contract is carried out under normal conditions. The Employee’s labor duties are not related to heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.6. The employee is subject to compulsory social insurance against accidents at work and occupational diseases.

1.7. The Employee undertakes not to disclose secrets protected by law (official, commercial, other) and confidential information owned by the Employer and its counterparties.

1.8. In order to verify the Employee’s suitability for the assigned work, the parties agreed to conduct a test within ______ months.

1.9. If the probation period has expired and the Employee continues to work, then he is considered to have passed the test and subsequent termination of the contract is allowed only on a general basis.

2. DURATION OF THE AGREEMENT

2.1. The Agreement comes into force on the date of its conclusion by the Employee and the Employer (or from the day the Employee is actually admitted to work with the knowledge or on behalf of the Employer or his representative).

2.2. Start date: "___"______ ____

2.3. The contract is concluded for an indefinite period.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is set an official salary in the amount of _________ (_____________) rubles per month.

3.2. The employer sets additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are determined in the Regulations on bonus payments to the Employee (approved by the Employer "___"________ ____), which the Employee was familiarized with when signing the contract.

3.3. If the Employee, in accordance with an additional agreement concluded by the Employer and the Employee, performs, along with his main work, additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount determined by the parties in the additional agreement.

3.6. Downtime caused by the Employer is paid in the amount of two-thirds of the Employee’s average salary.

Downtime due to reasons beyond the control of the Employer and Employee is paid in the amount of two-thirds of the official salary, calculated in proportion to downtime.

Downtime caused by the Employee is not paid.

3.7. The Employee's wages are paid by issuing cash at the Employer's cash desk (by transferring to the Employee's bank account) every half month on the day established by the internal labor regulations.

3.8. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4. WORKING HOURS 1 . HOLIDAYS

4.1. The employee is set the following working hours: _________________________________ with the provision of ____ day(s) off ________________ 1.

4.2. Start time: ___________________ 1 .

Closing time: ___________________.

4.3. During the working day, the Employee is given a break for rest and food from ___ hours to ___ hours, which is not included in working hours 1.

4.4. Annual basic paid leave is granted to the Employee for a duration of ___ (at least 28) calendar days.

The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, the Employee may be granted paid leave before the expiration of six months.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of provision of annual paid leave established by the given Employer.

The Employee must be notified by signature of the start time of the vacation no later than two weeks before its start.

5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

5.1. Job responsibilities of the Employee:

5.1.1. Carries out the development of measures for the production of products (goods) and the provision of services that find the greatest demand and market.

5.1.2. Promotes the balanced development of production and the service sector, prepares proposals for choosing and changing directions for the development of the product range, production, economic and business activities.

5.1.3. Participates in the development of marketing policy, determination of prices, creates conditions for the systematic sale of goods and expansion of services provided, satisfying the demand of buyers (clients) for goods and services.

5.1.4. Studies the market for similar goods and services (analysis of demand and consumption, their motivations and fluctuations, the activities of competitors) and its development trends.

5.1.5. Predicts sales volume and forms consumer demand for goods and services, identifies the most effective sales markets, as well as requirements for the quality characteristics of the product (method of its production, service life, rules of use, packaging) or the service provided.

5.1.6. Explores the factors influencing the sales of goods and those that are important for the successful implementation of the services provided, types of demand (sustainable, rush, short-term, etc.), reasons for its increase and decrease, differentiation of the purchasing power of the population.

5.1.7. Improves information support for ongoing market research. Develops programs to generate demand and stimulate sales, recommendations for choosing a market in accordance with available resources.

5.1.8. Determines measures, prepares proposals and develops recommendations to improve the quality and improve the consumer properties of goods and services, prospects for the development of new products and sales markets, taking into account the socio-demographic characteristics of various population groups, the state and dynamics of their income, traditions and tastes, as well as those necessary for this costs all types of resources, including raw materials, materials, energy, personnel.

5.1.9. Analyzes the competitive environment taking into account changes in the tax, price and customs policies of the state, turnover volume, profit from sales, competitiveness, speed of sales, factors affecting sales.

5.1.10. Monitors sales, compares planned data with the results obtained in terms of volume, revenue, time of sales (provision of services) and the territory of their distribution, identifies deviations and changes in market conditions.

5.1.11. Ensures increased business efficiency, profit and income, and increased competitiveness of goods and services.

5.1.12. Takes part in the training, retraining and advanced training of management personnel, taking into account the requirements of a market economy.

5.1.13. Complies with internal labor regulations, labor discipline, labor protection and labor safety requirements, and the provisions of other local regulations.

5.1.14. Treats with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees.

5.1.15. Immediately notifies the Employer of the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property, including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property.

5.1.16. By order of the Employer, he goes on business trips in Russia and abroad.

5.2. The employee has the right to:

Amendment and termination of the contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

Providing him with work stipulated by the contract;

A workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any);

Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed;

Rest ensured by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave;

Complete reliable information about working conditions and labor protection requirements in the workplace;

Professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation and other federal laws;

Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);

Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement (if any), agreements;

Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws;

Compensation for damage caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

Compulsory social insurance in cases provided for by federal laws.

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

6.1. The employer has the right:

Change and terminate the contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

Encourage the Employee for conscientious, effective work;

Demand that the Employee fulfill his job duties and take care of the property of the Employer (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with the Internal Labor Regulations;

Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

Conduct certification of the Employee in accordance with the Certification Regulations in order to identify the real level of professional competence of the Employee;

Conduct an assessment of the Employee’s performance in accordance with the Regulations on Labor Performance Assessment;

With the consent of the Employee, involve him in the performance of certain tasks that are not part of the Employee’s job responsibilities;

With the consent of the Employee, engage him in performing additional work in a different or the same profession (position) for additional pay;

Adopt local regulations.

6.2. The employer is obliged:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, and the terms of a collective agreement (if any);

Provide the Employee with work stipulated by the contract;

Ensure safety and working conditions that comply with state regulatory requirements for labor protection;

Provide the Employee with equipment, tools, technical documentation and other means necessary to perform job duties;

Provide the Employee with equal pay for work of equal value;

Pay promptly and in full the wages due to the Employee, as well as make other payments within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), and the Internal Labor Regulations;

Conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

Provide the Employee's representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity;

Timely comply with the instructions of the federal executive body authorized to carry out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising control and supervision functions in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

Consider submissions from the relevant trade union bodies and other representatives elected by the Employee about identified violations of labor legislation and other acts containing labor law standards, take measures to eliminate the identified violations and report the measures taken to the specified bodies and representatives;

Create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);

Provide for the Employee’s everyday needs related to the performance of work duties;

Carry out compulsory social insurance of the Employee in the manner established by federal laws;

Compensate for harm caused to the Employee in connection with the performance of labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, a collective agreement (if any), agreements, and local regulations.

7. CONDITIONS OF ADDITIONAL EMPLOYEE INSURANCE

7.1. The employee is subject to additional insurance in the manner and on the terms established by the collective agreement and (or) local regulations of the organization (if any), agreements of the parties and the current legislation of the Russian Federation.

8. RESPONSIBILITY OF THE PARTIES

8.1. A party to a contract guilty of violating labor legislation and other regulatory legal acts containing labor law norms is liable in cases and in the manner established by the Labor Code of the Russian Federation and other federal laws.

8.2. The financial liability of a party to a contract arises for damage caused by it to the other party to the contract as a result of its culpable unlawful behavior.

8.3. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and/or inaction of the Employer.

8.4. Each party is required to prove the amount of damage caused.

9. TERMINATION OF THE AGREEMENT

9.1. The grounds for termination of this employment contract are:

9.1.1. Agreement of the parties.

9.1.2. Termination of an employment contract at the initiative of the Employee. In this case, the Employee is obliged to notify the Employer no later than two weeks before the expected date of termination of this agreement. The specified period begins the next day after the Employer receives the Employee’s resignation letter.

9.1.3. Termination of an employment contract at the initiative of the Employer.

9.1.4. Other grounds provided for by the labor legislation of the Russian Federation.

9.2. The day of termination of the employment contract in all cases is the last day of work of the Employee, with the exception of cases where the Employee did not actually work, but retained his place of work (position).

9.3. The Employer has the right to decide to make a compensation payment to the Employee in the amount of ______________ in the case of ________________________.

10. FINAL PROVISIONS

10.1. The terms of the agreement are confidential and are not subject to disclosure.

10.2. The terms of the agreement are legally binding for the parties from the moment it is concluded by the parties. All changes and additions to the agreement are formalized by a bilateral written agreement.

10.3. Disputes between the parties arising during the execution of the contract are considered in the manner established by the current legislation of the Russian Federation.

10.4. In all other respects that are not provided for in the contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

10.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

Retail networks. Secrets of efficiency and typical mistakes when working with them Sidorov Dmitry

Appendix 14 Sample Agreement for the provision of marketing services

Appendix 14

Sample Agreement for the provision of marketing services

Agreement for the provision of marketing services№ ____

G. _______________

"____" 200 _______________ G.

Hereinafter referred to as the Customer, represented by the General Director _______________, acting on the basis of the Charter, on the one hand, and _______________, hereinafter referred to as the Contractor, represented by the General Director _______________

Acting on the basis of the Charter, on the other hand, in order to promote sales of the Customer’s products (hereinafter referred to as the Products) and conduct a joint advertising campaign, we have concluded this Agreement (hereinafter referred to as the Agreement) as follows.

Definition of terms used in the text of this Agreement.

"Products"– the range of products supplied by the Customer and sold by the Contractor during the term of the Agreement.

"Retail outlets"– all outlets of the Contractor through which the latter sells the supplied Products.

"Marketing program"– information services related to providing consumers with information about Products, with the collection and processing of information on sales volumes of Products at retail outlets, the level of demand and the number of consumers of Products and other services.

"Advertising program"– advertising programs carried out by the Customer and the Contractor (advertising campaigns, promotions, etc.), organized for the purpose of informational influence on consumers to promote the Products in retail outlets.

"Conditional unit"– within the framework of this Agreement, 1 (One) conventional unit corresponds to 1 (One) US dollar. Conversion of conventional units into Russian rubles is carried out at the official ruble to US dollar exchange rate established by the Central Bank of the Russian Federation on the date the payer makes the corresponding payment.

1. SUBJECT OF THE AGREEMENT.

1.1. The Contractor undertakes to carry out marketing programs during the term of the Agreement. An integral part of these programs is the organization of sales of Products at retail outlets.

1.2. The parties undertake to participate in jointly developed advertising programs during the term of the Agreement.

1.3. The customer undertakes to accept and pay for all services duly provided.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES. 2.1. The Contractor undertakes:

2.1.1. Allocate space on retail shelves for the placement of Products at each retail outlet for the duration of the Agreement.

2.1.2. Regularly conduct marketing programs and provide the Customer with information on sales volumes of Products for each retail outlet at least 1 (Once) time per quarter.

2.1.3. Quarterly from the date of payment of the advance in accordance with clause 3.3 of this Agreement, provide the Customer with service acceptance certificates and invoices for marketing programs within 10 (Ten) working days after the end of the quarter.

2.1.4. Submit certificates of acceptance of services and invoices for advertising programs within 10 (Ten) working days after the end of the relevant advertising program.

2.1.5. Agree with the Customer on the implementation of advertising and (or) marketing programs in order to increase the sales volume of Products, as well as in order to popularize the Products and trademarks of the Customer, enhance the effect of advertising of Products and trademarks of the Customer, collect and process information on sales volumes of Products in retail outlets Customer's points.

2.1.6. Before the start of the implementation of each specific advertising program (or individual advertising events), the Parties sign a protocol, which must contain:

Event plan;

The procedure for distributing responsibilities between the Parties;

Prices for Products guaranteed by the Customer for the period of the advertising campaign;

Information about penalties for failure to fulfill obligations by the Parties.

Based on the protocol, the Contractor issues an invoice for payment to the Customer.

2.2. The customer undertakes.

2.2.1. Accept everything performed under the Agreement and sign the service acceptance certificates within 5 (Five) days. If after the specified time the act is not signed by the Customer without indicating the reasons, then it will be considered signed by the Customer and will come into force with the signature of one Contractor.

2.2.2. Timely pay the Contractor remuneration and provide other funds in accordance with clause 3 of the Agreement.

3. REMUNERATION AND SETTLEMENTS BETWEEN THE PARTIES.

3.1. For carrying out marketing programs, the Customer pays the Contractor the following remuneration:

3.1.1. One-time - in the amount agreed in writing for each marketing program separately.

3.1.2. When opening new outlets - in the amount of 250 (Two hundred and fifty) conventional units, including VAT, for each new outlet when carrying out additional marketing programs.

3.2. To carry out advertising programs, the supplier allocates a budget of up to _______________ , defined in the Additional Agreement (see Appendix 15 “Sample of Special Conditions for a Supply Agreement”), with the total volume of purchases of all goods for a total amount of less than _______________ Rub.; up to _______________ % of monthly volume of product purchases, defined in the specified Additional Agreement, with the total volume of purchases of all goods for a total amount of more than _______________ Rub.;

up to _______________ % of monthly volume of product purchases, defined in the Additional Agreement, with total volumes of purchases of all goods for a total amount of at least _______________ Rub % of monthly volume of product purchases, defined in the specified Additional Agreement, with total volumes of purchases of all goods for a total amount of at least _______________ Rub.; up to _______________ % of monthly volume of product purchases, defined in the Additional Agreement, with total volumes of purchases of all goods for a total amount of more than _______________ rub.

3.3. The amount specified in clause 3.1.1 of the Agreement is paid by the Customer in a lump sum in advance within 5 (Five) banking days after signing this Agreement.

3.4. The amounts specified in clause 3.1.2 of the Agreement are paid in advance within 5 (Five) banking days after the Customer receives written notification of the opening of a new outlet.

3.5. Payment of the amounts specified in clause 3.2 is made as the relevant advertising programs are implemented and within 5 (Five) banking days after the Contractor issues the relevant invoices to the Customer.

3.6. The payment date is considered to be the date the funds are credited to the Contractor's current account.

3.7. In what is not provided for in the Agreement, the Parties are guided by the current legislation of the Russian Federation.

3.8. Disputes under the Agreement are resolved in the Arbitration Court _______________

3.9. All changes and additions to the Agreement must be made in writing and signed by authorized representatives of both Parties.

4. ADDITIONAL PROVISIONS.

4.1. By agreement of the Parties, the range and number of Products may be changed, which must be formalized in a separate Addendum to this Agreement.

4.2. In case of delay in payment of the advance in accordance with clauses 3.3,3.4 and 3.5 for more than 10 (Ten) banking days and submitting a claim in writing, the Customer shall pay the Contractor a fine in the amount of 1 (One)% of the corresponding amount.

5. DURATION OF THE AGREEMENT.

5.1. This Agreement comes into force from the moment of its signing and is valid for 12 (Twelve) months.

5.2. In terms of mutual settlements, this Agreement is valid until the Parties fully fulfill all obligations for mutual settlements.

5.3. The validity period of the Agreement may be extended by the parties. In this case, the Parties sign the appropriate Additional Agreement indicating the scope and cost of the Contractor’s services.

5.4. Either party has the right to unilaterally terminate this Agreement by sending the other party a written notice 30 (Thirty) calendar days before the expected date of termination of this Agreement. In the event of termination of the Agreement, the Contractor retains the right to remuneration for services provided to the Customer until the termination of the Agreement.

6. LEGAL ADDRESSES AND DETAILS OF THE PARTIES.

From the book Marketing. And now the questions! author Mann Igor Borisovich

From the book Retail Networks. Secrets of efficiency and typical mistakes when working with them author Sidorov Dmitry

Appendix 1 Sample Supply Agreement Supply Agreement ____g. _______________ “____” 200 _______________ Supplier ____________________________________________________________, represented by ____________________________________________________________, acting on the basis of ____________________________________________________________, on the one hand, and the Buyer

From the book Marketing Arithmetic for First Persons author Mann Igor Borisovich

Appendix 2 Sample Sales and Purchase Agreement Sales and Purchase Agreement. _______________“____” 200 ______________________________________________________________________________________________, hereinafter referred to as the Buyer, represented by the General Director _______________, acting on the basis of the Charter, on the one hand, and

From the book How to overcome a crisis. 33 effective solutions for your company by Haman Simon

Appendix 3 Sample of a Supply Agreement with special conditions Supply Agreement No. ____g. _______________“____” 200 ______________________________, hereinafter referred to as the Buyer, represented by _______________, acting on the basis of a power of attorney, on the one hand, and _______________, hereinafter referred to as the Seller,

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Appendix 4 Sample price sheet

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Appendix 5 Sample product matrix

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Appendix 7 Sample additional agreement for Continuation Note 1.1. The Buyer guarantees the provision of its services under Section No. 2 to the Supplier only subject to payment for the agreed services of the Buyer within 3 (Three) banking days from the date

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Appendix 8 Sample Agreement for the provision of information services Agreement for the provision of information services No. ______g. _______________“____” 200 ______________________________, hereinafter referred to as the Contractor, represented by _______________, acting on the basis of the Charter, on the one hand, and _______________, referred to

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Appendix 11 Sample Certificate of Completion of Work Certificate of Completion of Work (under the contract for the provision of marketing services) No. ____, _______________“____” 200 _______________ We, the undersigned, _______________, hereinafter referred to as the Customer, represented by the General Director _______________ _______________, acting on

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Appendix 16 Sample Distribution Agreement Distribution Agreement No. ____ _______________ « _______» 200 _______________ Supplier _______________, represented by _______________, acting on the basis of _______________, on the one hand, and the Buyer _______________, acting on the basis of the Charter, on the other hand, concluded

From the author's book

Appendix 19 Sample job description of a merchandiser APPROVED by General Director_______________ Ivanov I.I. “____” 200 _______________ Job description _______________ No. _______________ Merchandiser1. GENERAL PROVISIONS.1.1. The merchandiser is appointed to the position and dismissed by order

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Appendix 24 Sample Regulations on the Marketing Department APPROVED by General Director_______________ Ivanov I.I. « _____ 200 _______________ Regulations on the Marketing Department1. GENERAL PROVISIONS.1.1. The Marketing Department is an independent structural unit

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Appendix 25 Sample Regulations on the Sales Department APPROVED by General Director_______________ Ivanov I. “_______________ 200 _______________ Regulations on the Sales Department1. GENERAL PROVISIONS.1.1. The sales department is an independent structural division of the enterprise,

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Marketing Service Providers What should a senior executive know about choosing the right marketing providers? The question does not end there. What are the main weaknesses of marketing contractors? How not to let yourself be fooled by clever words and beautiful

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Solution 29: Increase the number of customers through service contracts Active sales initiatives can significantly increase the number of customers who enter into a service contract with a company. The activities of Demag Cranes illustrate this well.

number of downloads: 200

AGREEMENT
for the provision of marketing services (research of the market to which the Customer’s goods are supplied)

date and place of signing

We refer to__ hereinafter as the “Customer”, represented by _________________, acting__ on the basis of _________________, on the one hand, and _________________, hereinafter referred to as the “Contractor”, represented by _________________, acting__ on the basis of _________________, on the other hand, collectively referred to as the “Parties”, have concluded this Agreement as follows.

1. SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Contractor undertakes, on the instructions of the Customer, to periodically (quarterly, monthly) provide services for marketing research of the market of goods sold by the Customer and specified in Appendix No. 1 to this Agreement, and provide the Customer with a conclusion on the results of the services provided, and the Customer undertakes to pay for these services.

1.2. The purpose of marketing research is: determination of consumer demand for the goods specified in Appendix No. 1 in the food market ___________ (specify the region), qualitative and quantitative assessment of this market, quantitative assessment of the Customer’s goods present on the market of the corresponding region, assessment of the market share of the Customer’s products in the territory under study, quantitative and qualitative assessment of the competitive environment (assortment and pricing policy of competitors, market share of their products, marketing activities of competitors, quantitative assessment of competitors’ products present on the market of the corresponding region).

1.3. The Contractor guarantees its scientific and material independence during the execution of this Agreement.

1.4. Service delivery period:
- beginning: "___"________ ___ year;
- ending: "___"________ ___ g.

1.5. Services are provided at the location of the Contractor (city ___________). If it is necessary to travel to other localities, the Customer pays for the Contractor’s travel and accommodation based on:
- tickets: ______;
- accommodation (hotel): ________ rubles per day;
- food: ________ rubles per day.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes:

2.1.1. Within _______ days from the date of signing this Agreement, provide the Contractor with the materials necessary for the execution of this Agreement.

2.1.2. During the term of this Agreement, provide the Contractor with any information about the Customer’s goods in accordance with Appendix No. 1 to this Agreement, including information on the production and sales of these goods in other markets, upon the written request of the Contractor.

2.1.3. Pay for the Contractor's services in accordance with this Agreement.

2.1.4. Sign acts of provision of services within _______ days from the date of their receipt from the Contractor.

2.2. The customer has the right:

2.2.1. Check the progress of marketing research at all times, requesting relevant information from the Contractor, without interfering with the activities of the Contractor.

2.2.2. Receive oral and written advice from the Contractor on issues related to the execution of this Agreement.

2.2.3. Clarify and adjust the desired results of the services provided in the event of a significant change in circumstances.

2.3. The Contractor undertakes:

2.3.1. Proceed with the provision of services within the period established by clause 1.4 of this Agreement.

2.3.2. In order to provide marketing services during the term of the Agreement, carry out the following actions:
- study the characteristics of similar products offered on the market by other manufacturers (distributors);
- study and systematize data on prices for the Customer’s goods and similar goods;
- conduct a survey of buyers of the Customer’s goods and similar goods in places where goods are sold;
- conduct surveys of potential buyers of goods, including wholesale buyers; conduct product presentations during which surveys are conducted;
- determine the quantity of the Customer’s products or other similar products at final sales points (retail outlets - kiosks, shops, supermarkets, hypermarkets, chain stores, small wholesale markets).

2.3.3. Based on the information obtained during the research, monthly, no later than ___ (_____) day of the month following the reporting month, draw up and present to the Customer a conclusion on the results of the marketing research for the past period. The first conclusion is presented ___________.
The conclusion should contain:
- data obtained by the Contractor during the research;
- conclusions based on the data obtained as a result of the study; calculation of the Contractor's expenses.

The data obtained as a result of the study should be presented in the form of ________ (for example, questionnaires, summary tables and graphs). The Contractor encloses with the conclusion documents evidencing expenses incurred in the execution of this Agreement.

Simultaneously with the conclusion, the Contractor submits to the Customer a report on the provision of services for the reporting month, containing the types, volume and cost of services provided.

2.3.4. Comply with confidentiality rules regarding any information received from the Customer in connection with the provision of services under this Agreement.

2.3.5. Do not copy, transfer or show to third parties the Customer’s materials held by the Contractor.

2.4. The Contractor has the right to involve third parties to perform this Agreement. At the same time, the Contractor is responsible to the Customer for the actions (inaction) of third parties engaged by him.

3. CONTRACT PRICE AND PAYMENT PROCEDURE

3.1. The price of services under this Agreement is ____ (_________) rubles per month.

3.2. The Contractor's services under this Agreement are subject to payment within the following terms and in the following order: .

3.3. The price of services is paid by the Customer by transferring funds to the Contractor's bank account.
The Customer's obligation to pay is considered fulfilled from the moment the funds are received in the Contractor's bank account.

4. TERM OF THE AGREEMENT AND OTHER CONDITIONS

4.1. This Agreement comes into force on the day it is signed by the Parties and is valid until "___"________ ___.

4.2. Termination of this Agreement entails the termination of the Parties' obligations under it, but does not relieve the Parties to the Agreement from liability for violations thereof, if any occurred during the fulfillment of the terms of this Agreement.

4.3. The Customer has the right to unilaterally refuse to fulfill this Agreement by reimbursing the Contractor for the expenses incurred.

4.4. The Contractor has the right to refuse to fulfill obligations under this Agreement, compensating the Customer for losses in full.

4.5. All changes and additions to this Agreement are valid only if they are written and signed by both Parties.

4.6. Disputes related to the amendment, termination and execution of this Agreement are resolved in accordance with the current legislation of the Russian Federation.

4.7. In everything that is not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.

4.8. This Agreement is drawn up in two copies having equal legal force.

4.9. All annexes are integral parts of this Agreement.