Educational services contract

Educational services contract

№ ____

together referred to as the “Parties”, separately as a “Party”, 

have entered into this Contract (the “Contract”) as follows:

WHEREAS:

(a) The Executor shall have professional knowledge in the sphere of software, on which the Customer shall be aware of;

(b)   The Customer intends to perform or performs business related to the use of the software related to the use of software, wishes to increase efficiency of software use or to commence using software as efficient as possible; 

(c)     To achieve the purposes detailed in sub-paragraph (b) of the Recitals hereof the Customer wishes to engage the Executor for objectives stated below, and the Executor is ready to render services required by the Customer for remuneration fixed below;

1. SUBJECT MATTER

1.1. The Executor shall render to the Customer services on training Customer’s staff, and the Customer shall pay for such services in the manner and under the terms stated herein.

1.2. Place of training, cost of training, payment procedure, educational program and other terms of educational services rendering shall be stated in the Appendix hereto. 

2. REMUNERATION OF THE EXECUTOR

2.1. The cost of services of the Executor hereunder shall be USD ______ (______).

2.2. Services of the Executor shall be fully paid within no more than 10 (Ten) business days since this Contract signing.

2.3. If the Customer fails to pay for the services within the term stated by the Contract, the Executor may unilaterally postpone the terms of services rendering without any penalties to the Executor.

2.4. The cost of services hereunder doesn't include accommodation, meals and other associated costs to be born by either staff of the Customer or the Customer itself while training. 

2.5. Each Party shall bear personal liability for any tax liabilities that may arise as a result of this Contract in compliance with the laws of the corresponding jurisdiction of such Party. Each Party shall independently and irrespective of the other Party shall accrue and pay its own tax duties to the tax bodies of the corresponding jurisdiction of such Party.

3. PROCEDURE AND QUALITY OF SERVICES

3.1 The Executor shall render services through provision to Customer’s staff information on operation of the software, demonstration of software operation.

3.2. Employees of the Customer shall follow instructions of the Executor relating to the procedures of educational process. If Customer’s staff violates instructions of the Executor or discipline regulations, or their behavior is offensive and/or indecent, the Executor may terminate rendering of services under this Contract, and the services are deemed to be failed through the fault of the Customer, and the sum paid for Executor's services is not refundable to the Customer.

3.3. Upon the results of training Customer’s staff shall pass a few tests prepared by the Executor, and the results hereof on each employee shall be communicated to the Customer.

3.4. Upon passing the tests the authorized representative of the Customer and representative of the Executor shall sign the Services Rendered Deed that confirms proper rendering of services by the Executor.  

4. RESPONSIBILITY

4.1. In case of delayed payment for services for the term over 30 (Thirty) days, the Executor may terminate this Contract unilaterally and/or demand payment of a forfeiture in the sum of 10% (Ten percent) of the cost of services.

4.2. In case of delayed rendering services for the term over 30 (Thirty) days, the Customer may terminate this Contract unilaterally and/or demand payment of a forfeiture in the sum of 10% (Ten percent) of the cost of services.

4.3. If in the course of training Customer’s staff caused any damage to the property of the Executor, the Customer shall compensate such damage within the term not over 10 (Ten) days since service by the Executor of the corresponding request. 

5. AMENDMENTS AND TERMINATION

5.1. Any terms of entry into this Contract may be amended upon agreement between the Parties.

5.2. This Contract may be terminated upon agreement between the Parties.

6. FORCE-MAJEURE

6.1. The Parties shall be released of responsibility for any partial or full default under this Contract, if such default is caused by natural disasters, effect of external objective factors and other force-majeure events beyond reasonable control of the Parties, which adverse effect couldn’t be prevented. 

7. VENUE

7.1. In case of any discrepancies arising out of or in connection with this Contract, the Parties shall settle them through mutual negotiations, unless otherwise the dispute shall be considered at the place of Customer’s location under the laws of Republic Kazakhstan.

8. ANTI-MONEY LAUNDERING 

AND CORRUPTION PROVISIONS 

8.1. Each Party (for the purposes hereof this term includes all employees, agents, representatives, affiliates of each of the Parties, and any other persons engaged or acting on their behalf) agrees that in connection with the goods (works, services) provided (rendered) under this Contract the Party will abstain from giving or attempts to give bribes (including but not limited to any forms of payment, gifts and other material benefits, remunerations and bonuses (in cash or any valuables) to the other Party, its employees, agents, representatives, potential clients, affiliates, and other persons involved by the other Party or acting in its name, officials, intergovernmental organizations, political parties, private persons and other parties (“Involved Parties”).

8.2. Each Party declares and guarantee to the other Party that before conclusion hereof the Party didn't give or attempted to give bribes to the Involved Parties to establish and(or) to extend any business relations with the other Party in connection with this Contract.

8.3. Each Party recognizes and agrees that it has familiarized with the laws against bribery and money laundering of all the countries where it is incorporated or registered, and where it carries out its activity and will comply with the said laws.

8.4. Each Party agrees that it will abstain from and won’t allow knowingly any actions that may cause violations by the other Party of any applicable laws against bribery or money laundering.

8.5. The Parties agree that their accounting documents shall fairly present all the payments made under this Contract.

8.6. If any actual or supposed violation by it of these provisions on counteraction to bribery and corruption come to Party’s knowledge, the Party shall immediately notify the other Party and render any assistance in investigation on this case.

8.7. The Parties agree to develop for their employees and follow the policies and procedures on counteraction of corruption necessary to prevent the facts of bribery or attempts to give bribes.

8.8. Each Party shall ensure performance by its contractors, consultants, agents and other persons rendering services on its behalf under this Contract the procedures to prevent bribery and attempts to give bribes.

8.9. The Parties agree that in addition to the rights to termination (waiver of performance) stipulated by other provisions of this Contract, the Party unaffected may immediately terminate (waive of performance) this Contract, if the other Party breaches these provisions on counteraction of bribery and corruption, and the other Party is not entitled to demand any extra fees under this Contract, except for the payments not related to the breach of these provisions on counteraction of bribery and corruption, for the goods (works, services) properly delivered (performed, rendered) under this Contract before its termination.  

8.10. Each of the Parties shall be released of obligations to make any payment, which may be due to the other Party under this Contract, if such payment is connected with violation by the other Party of these provisions on counteractions to bribery and corruption.

9. DETAILS