Form of contract for paid provision of telecommunication services. Communication services agreement

___________________ "___"________ ___ city _______________________________, hereinafter referred to as ____ "Executor", (name of organization) represented by ________________________________________, acting___ on the basis of (position, full name of the manager) __________________________________, and _____________________________________ (Charter, power of attorney) (name, N, dates of licenses/_______________________________________________________, on the one hand, and permits to provide communication services) _______________________________, hereinafter referred to as ____ the “Customer”, represented by (name of organization) ________________________________, acting___ on the basis of ______________, (position, full name of the manager) on the other hand, collectively referred to as the “Parties” or “Party”, concluded this Agreement as follows:

1. TERMS

1.1. “Billing period” is the calendar month beginning immediately after the month in which communication services were provided to the Customer.

1.2. "Tariff" - the price at which payment is made for the provided communication services between the Parties.

1.3. “Communication service” - _____________ communication services that are provided by the Contractor to the Customer under this Agreement using __________________.

2. SUBJECT OF THE AGREEMENT

2.1. The Contractor under this Agreement undertakes to provide the Customer with Communication Services, and the Customer undertakes to pay for Communication Services on the terms and in the manner set out in this Agreement.

3. TERMS OF PROVISION OF COMMUNICATION SERVICES

3.1. After concluding this Agreement, the Customer has the right to receive Communication Services, and the Contractor, if available, technical feasibility and if the Customer has access to _________________ communication services, he is obliged to provide the Customer with Communication Services.

3.2. Communication services are provided with the preliminary selection of the Contractor as a _________________ communication operator.

3.3. To receive Communication Services, the Customer must complete the following actual sequential actions:

___________________________________________________________

__________________________________________________________.

3.4. Communication services are considered provided from the moment _______________ as a result of the Customer performing the actions specified in clause 3.3 of this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor undertakes:

4.1.1. Provide communication services in accordance with the law Russian Federation, national standards, technical norms and rules, __________________________________________________________________________ (indicate the relevant regulatory documents, __________________________________________________________________________, regulating the activities of the Contractor, as well as a link to the license/permit held by the Contractor) as well as this Agreement.

4.1.2. Eliminate within ___________ days any malfunctions that arose due to the Contractor’s fault and impede the use of the Communication Services.

4.1.3. Notify the Customer about changes in the terms of service, payment methods for communication services, Tariffs at least ________ days before the date of introduction of such changes by __________________.

4.1.4. Create a Certificate of Services Rendered in the Billing Period in 2 copies and send it to the Customer within _______ days.

4.1.5. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.

4.2. The performer has the right:

4.2.1. Change in unilaterally Tariffs, terms and payment terms in accordance with clause 4.1.3 of this Agreement.

4.2.2. Temporarily suspend the provision of access to the Customer's Communication Services in the cases provided for in clause 6.2 of this Agreement.

4.2.3. The Contractor has the right to refuse to fulfill obligations under the Agreement by notifying the Customer about this _________________________, subject to full compensation for losses to the Customer.

4.3. The customer undertakes:

4.3.1. Make payment for the communication services provided to him within the terms and conditions provided for in this Agreement.

4.3.2. Sign the Certificate of provision of services in the Billing period within ________ days. In case of disagreement with the contents of the Act, send within the same period a written reasoned refusal to sign the Act on the provision of services. In case of failure to send the Certificate of Provision of Services or refusal to sign it, the Communication Services for the corresponding Billing Period will be recognized as properly provided.

4.3.3. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.

4.4. The customer has the right:

4.4.1. Make claims on the received invoice in the manner provided for in Section 7 of this Agreement.

4.4.2. Refuse to pay for communication services provided to the Customer without his consent. Communication services are considered provided to the Customer with his consent if the actions specified in clause 3.3 of this Agreement have been performed.

4.4.3. The Customer has the right to refuse to fulfill the Agreement by notifying the Contractor about this _________________________, subject to payment to the Contractor for the expenses actually incurred by him.

5. COST OF COMMUNICATION SERVICES AND PAYMENT PROCEDURE

5.1. Tariffs for Communication Services are established by the Parties by signing the Additional Agreement to this Agreement and may be changed subject to the Contractor's compliance with the provisions of clause 4.1.3 of this Agreement.

5.2. The charging unit is _______________. The tariff unit can be changed by the Contractor at any time unilaterally.

5.3. Payment for services is made by the Customer on the basis of an invoice issued by the Contractor within _______ days from the date of its receipt by the Customer. If required by law, the Contractor also issues an invoice to the Customer.

5.4. The Customer pays for the Communication Services provided to him under this Agreement exclusively by bank details indicated in the invoice for payment for communication services, or in cash in cash to the Contractor's payment points.

5.5. An invoice for payment for Communication Services provided in the month preceding the Billing Period is issued to the Customer before the __________ date of the Billing Period indicating total amount payment, as well as indicating each type of Services, their volume and cost. The basis for issuing an invoice to the Customer is the data obtained using the equipment used to record the volume of communication services provided.

5.6. At the end of the calendar year or as necessary, the Parties draw up and sign in 2 copies a Statement of Reconciliation of Payments, which indicates the periods, volumes and cost of the Communication Services provided.

5.7. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.

5.8. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.

6. LIABILITY OF THE PARTIES AND FORCE MAJEURE CIRCUMSTANCES

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

6.2. In the event of a delay in payment or other violation by the Customer of the requirements established by the Federal Law “On Communications” or this Agreement, the Contractor has the right to suspend the provision of access to the Communication Services for a period until the Customer fully repays the debt or, accordingly, eliminates other violations committed by the Customer. The resumption of access to the Communication Services is carried out by the Contractor within ______ business days from the date the Customer fulfills the violated obligations in a proper manner.

6.3. For each day of delay in payment for services rendered, the Contractor has the right to collect from the Customer a penalty in the amount of ____% of the cost of the Communication Services provided in the month preceding the Billing Period for each day of delay, but not more than the amount payable. The Customer is obliged to pay the penalty to the Contractor within _______ days from the date of presentation of the request for payment.

6.4. The parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement if they prove that proper fulfillment was impossible due to force majeure, that is, extraordinary, unforeseen and unpreventable circumstances under the given conditions. At the same time, the presence of force majeure extends the period for the Parties to fulfill their obligations under the Agreement in proportion to the duration of its validity. If force majeure lasts more than six months, the Parties are obliged, at the proposal of one of the Parties, to agree on further terms of action and/or the possibility of terminating this Agreement.

7. DISPUTE RESOLUTION

7.1. In case of non-fulfillment or improper fulfillment of obligations arising from this Agreement, the Customer, before going to court, presents a claim to the Contractor in accordance with Art. Art. 55, 56 of the Federal Law of July 7, 2003 N 126-FZ “On Communications”.

7.2. If the claim is rejected in whole or in part or if a response is not received within the time period established for its consideration, the Customer has the right to file a claim with the Arbitration Court of _______________________.

8. TERM AND CONDITIONS FOR CHANGE AND TERMINATION OF THE AGREEMENT

8.1. This Agreement is valid from the moment it is signed by the Parties and is concluded for a period of ______________ from the date of its commencement.

The Agreement is automatically extended for the next year, unless otherwise stated by either Party __________ months before its expiration.

8.2. This Agreement may be terminated early in cases and in the manner provided for by the current legislation of the Russian Federation.

8.3. In the event of termination of this Agreement, the Parties must make mutual settlements for all obligations.

8.4. All changes and additions to this Agreement are made in writing and signed by authorized representatives of the Parties in two copies.

9. OTHER CONDITIONS

9.1. This Agreement is drawn up and signed in two copies, each having the same legal force, one copy for each Party.

10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Contractor: Customer: __________________ "_______________" __________________ "_______________" INN/KPP ____________________________ INN/KPP ____________________________ Legal/mailing address: ________ Legal/mailing address: ________ _____________________________________ _____________________________________ _____________________________________ ____________________________________ Account ________________________________ Account ________________________________ in the bank ____________________________ in the bank ____________________________ s/s ________________________________ s/s ________________________________ BIC ________________________________ BIC ________________________________ Head of the organization Head of the organization ______________/_________________ _______________/____________________ M.P. M.P.

AGREEMENT No. ____ FOR THE PROVISION OF COMMUNICATION SERVICES for legal entities

Providing the SUBSCRIBER with access to the Internet by connecting to a Local Network

Providing the SUBSCRIBER with access to internal resources of the Local Network

1.1. The CONTRACTOR, if technically possible, provides the SUBSCRIBER with additional services for a fee under the terms of this Agreement.

List of basic communication services and tariffs for them, as well as a list additional services are given in Appendix No. 1 to the Agreement.

2. BASIC TERMINOLOGY OF THE DOCUMENT

2.1. CONTRACTOR – an organization providing communication services.

2.2. SUBSCRIBER is a legal entity or individual entrepreneur connected to the CONTRACTOR's communication network, having the registration network details provided by the CONTRACTOR and being a consumer of the CONTRACTOR's services under the Agreement for the provision of communication services.

2.3. Registration NETWORK DETAILS – unique digital identifiers and Internet protocols provided by the CONTRACTOR to the SUBSCRIBER, allowing the SUBSCRIBER to be identified in the CONTRACTOR’s network and on the Internet as an individual consumer of communication services, and ensuring that the SUBSCRIBER receives communication services from the CONTRACTOR.

2.4 PERSONAL ACCOUNT, hereinafter referred to as “PA”, is a record in the settlement and information (billing) system of the CONTRACTOR, taking into account the amount and dates of receipt of funds from the SUBSCRIBER to the CONTRACTOR, as well as their consumption as the SUBSCRIBER consumes the services provided by the CONTRACTOR.

2.5. SUBSCRIPTION FEE - a fixed periodic payment that does not depend on the time or volume of use of the service.

2.6. CONNECTION FEE – fixed one-time payment.

2.7. COMMUNICATION NETWORK – totality cable lines And network equipment CONTRACTOR, forming a data transmission medium through which the CONTRACTOR organizes the provision of communication services to the SUBSCRIBER.

2.8. CONTRACTOR'S PERSONNEL – CONTRACTOR's employees authorized by the CONTRACTOR to work with the SUBSCRIBER.

2.9. CALENDAR MONTH – the period of time from the 1st to the last day of the month.

2.10. Internet – public communication networks

3. FUNDAMENTALS

3.1. By concluding the Agreement, the SUBSCRIBER confirms that he has read and agrees with all its terms, as well as the terms of all Appendices and Addenda to the Agreement, with the terms of the Price List.

4. PROCEDURE FOR PROVIDING SERVICES

4.1. The CONTRACTOR provides services to the SUBSCRIBER in accordance with the terms of licenses issued to the Contractor by the Ministry of the Russian Federation for Communications and Informatization, legislative regulations (rules) of the Russian Federation regulating activities in the field of provision of communication services, as well as in accordance with the terms of this Agreement.

4.2. After signing the Agreement, within the period specified in Appendix No. 1 to the Agreement, the CONTRACTOR connects the SUBSCRIBER to its communication network. Connection services include:

· laying cable to the SUBSCRIBER's office;

· laying the cable inside the office (carried out in an “open” way (without attaching the cable to the walls, etc.) and does not include the Contractor’s obligation to carry it out taking into account the design and other requirements of the Subscriber);

· registration of the SUBSCRIBER in the CONTRACTOR'S NETWORK and provision of registration NETWORK DETAILS to the SUBSCRIBER;

7. RESPONSIBILITY OF THE PARTIES

7.1. The CONTRACTOR has the right to suspend the fulfillment of its obligations under the Agreement in the following cases:

Delay in payment of the monthly bill for the use of communication services by more than 15 (fifteen) banking days in accordance with clauses 6.3, 6.13, 6.14. The provision of communication services can be restored only after the debt has been repaid.

Transfer of the SUBSCRIBER's right to the premises to another legal entity.

7.2. For failure to fulfill or improper fulfillment of obligations provided for in clauses 10.3,10.4 of this Agreement

The CONTRACTOR is liable in an amount not exceeding the monthly subscription fee. Lost profits are not refundable.

7.3. The SUBSCRIBER is responsible for illegal use connected network.

7.4. The CONTRACTOR's area of responsibility is limited to the CONTRACTOR's equipment.

8. FORCE MAJEURE CONDITIONS

8. 1. The parties are not liable in cases of force majeure, namely emergency and unavoidable circumstances: natural Disasters(earthquakes, floods, etc.), circumstances of public life (military operations, large-scale strikes, epidemics, accidents at energy supply enterprises, etc.) and prohibitive measures of government bodies. The Parties shall inform each other in writing about the occurrence of such circumstances within five days from the date of their occurrence.

8.2. The party whose failure to fulfill obligations or their delay is caused by those specified in clause 8.1. of this Agreement due to “force majeure” circumstances, must notify the other Party in writing within five days and provide supporting documents and evidence of the existence of these circumstances.

8.3. For the entire duration of force majeure circumstances, the Agreement may be extended if one of the Parties to the Agreement insists on this.

8.4. In cases where force majeure circumstances and their consequences continue to apply for more than two

months or upon the occurrence of such circumstances it becomes obvious that they and their consequences will last longer than this period, the Parties, if possible short term, will conduct negotiations in order to identify acceptable for them alternative ways execution of the Agreement and achievement of the appropriate agreement.

9. VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT

9.1 The Agreement comes into force from the date of its signing by both Parties and is valid for one year from

the moment of its signing by the Parties.

9.2 If 30 (thirty) days before the end of the Agreement, neither Party declares in writing its intention to terminate it, then it is automatically extended for the next year.

9.3 The Agreement may be terminated by agreement of the Parties.

9.4 The Agreement may be terminated at the written request of the SUBSCRIBER unilaterally with a warning to the CONTRACTOR 30 (thirty) days in advance.

9.5 The Agreement may be terminated at the written request of the CONTRACTOR unilaterally after 30 (thirty) days from the date of suspension by the CONTRACTOR of fulfilling its obligations under the Agreement in accordance with clause 7.1.

9.6 The Agreement may be terminated at the written request of the CONTRACTOR unilaterally, with a warning to the SUBSCRIBER 30 (thirty) days in advance in the following cases:

Violation by the SUBSCRIBER of obligations under clause 6.3;

Violation by the SUBSCRIBER of the rules for operating terminal equipment, defined by regulatory documents of the communications industry;

Violation by the SUBSCRIBER of the obligations provided for in clause 5.3 of the Agreement.

9.7 Termination of the Agreement is not a basis for the CONTRACTOR to reimburse the SUBSCRIBER’s costs incurred in connection with the organization of work to provide access to the Bit Com network.

9.8 Termination of the Agreement does not relieve the SUBSCRIBER from obligations to pay for communication services already provided. In this case, the calculations are closed with a Calculation Reconciliation Report, which is prepared by the CONTRACTOR and sent to the SUBSCRIBER by fax with subsequent delivery of the original by mail. The balance of the debt (according to the Act) is due for payment within 15 (fifteen) calendar days from the date of sending the Act by fax.

10. OTHER CONDITIONS

10.1. The SUBSCRIBER is not allowed to transfer his rights and obligations under the Agreement to third parties without written consent from the CONTRACTOR.

10.2. During emergency situations authorized to do so government bodies have the right of priority use, as well as suspension of the services provided by the CONTRACTOR.

10.3. The CONTRACTOR gives absolute priority to all messages relating to the safety of human life, urgent measures in the field of defense, security and law enforcement in the Russian Federation, as well as messages about major accidents, disasters, epidemics and natural disasters.

10.4. The CONTRACTOR has the right to refuse to provide the service under the following circumstances:

Providing a service may pose a threat to the security and defense of the state, health and safety of people;

The provision of services is impossible due to any physical, topographical or other natural obstacles;

The SUBSCRIBER uses or intends to use communication equipment for any illegal purposes, or receives communication services in an illegal way.

10.6. Disputes on issues provided for in the Agreement that the Parties are unable to resolve between themselves through negotiations are subject to resolution, with the exception of jurisdiction common courts, in the Arbitration Court.

10.7. Data and information that became known to the Parties during the execution of the Agreement are considered confidential and should not be disclosed to third parties or used for purposes beyond the scope of the Agreement, without the written consent of the second Party to the Agreement.

10.8. The Agreement contains an Appendix, which is an integral part of it.

10.9. The Agreement is drawn up in two copies, one for each of the Parties, which have equal legal force.

10.10. The Agreement contains the “Network Connection Settings” Appendix, which contains the necessary addresses, accounts (logins) and passwords, network settings to connect to servers.

11. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

OPERATOR:


		Legal address:
Postal address: Moscow region,		Mailing address:


Podolsk

Corr. account no.		Corr. account no.








OPERATOR
Director Com"		_____________________________


		_____________________

Application

to the Agreement for the provision of communication services
No.________ dated _________ 20___

Stages of service provision

	Address where services are provided	Account	Number of connected trunks	Date of inclusion *)

Note:

*) THE CONTRACTOR reserves the right to postpone the switch-on date if the SUBSCRIBER has not paid the fee for access services in accordance with clause 6.1. Agreement.

Tariffs for Internet access services

The tariffs below come into effect from the date of signing of this Agreement.

Payment Description	Unit	Payment amount per unit,	Qty	Amount of payment,
1. One-time payments
1.1. One-time payment for connection
2. Monthly payments
2.1. Subscription fee for Internet access.		Tariff №____

Tariff name	Subscription fee	Speed(kbit/s)	Selected tariff plan
1. Business 1
2. Business 2
3. Business 3
4. Business 4
5. Individual 1
6. Individual 2
7. Individual 3

OPERATOR
Director Com"		______________________


		__________________

___________________ "___"________ ___ city _______________________________, hereinafter referred to as ____ "Executor", (name of organization) represented by ________________________________________, acting___ on the basis of (position, full name of the manager) __________________________________, and _____________________________________ (Charter, power of attorney) (name, N, dates of licenses/ _______________________________________________________, on the one hand, and permits for the provision of communication services) ________________________________, hereinafter referred to as "Customer", represented by (name of organization) ________________________________, acting___ on the basis of ______________, (position, full name O. Manager) on the other hand, collectively referred to as the “Parties” or “Party”, have entered into this Agreement as follows:

1. TERMS

1.1. “Billing period” is the calendar month beginning immediately after the month in which communication services were provided to the Customer.

1.2. "Tariff" - the price at which payment is made for the provided communication services between the Parties.

1.3. “Communication service” - _____________ communication services that are provided by the Contractor to the Customer under this Agreement using __________________.

2. SUBJECT OF THE AGREEMENT

3. TERMS OF PROVISION OF COMMUNICATION SERVICES

3.1. After concluding this Agreement, the Customer has the right to receive Communication Services, and the Contractor, if technically possible and if the Customer has access to _________________ communication services, is obliged to provide Communication Services to the Customer.

3.2. Communication services are provided with the preliminary selection of the Contractor as a _________________ communication operator.

3.3. To receive Communication Services, the Customer must complete the following actual sequential actions:

___________________________________________________________

__________________________________________________________.

3.4. Communication services are considered provided from the moment _______________ as a result of the Customer performing the actions specified in clause 3.3 of this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor undertakes:

4.1.1. Provide Communication Services in accordance with the legislation of the Russian Federation, national standards, technical norms and rules, ________________________________________________________________ (indicate the relevant regulatory documents, __________________________________________________________________________, regulating the activities of the Contractor, as well as a link to the license/permit held by the Contractor) as well as this Agreement.

4.1.2. Eliminate within ___________ days any malfunctions that arose due to the Contractor’s fault and impede the use of the Communication Services.

4.1.4. Create a Certificate of Services Rendered in the Billing Period in 2 copies and send it to the Customer within _______ days.

4.1.5. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.

4.2. The performer has the right:

4.2.1. Change unilaterally the Tariffs, terms and payment terms in accordance with clause 4.1.3 of this Agreement.

4.2.2. Temporarily suspend the provision of access to the Customer's Communication Services in the cases provided for in clause 6.2 of this Agreement.

4.3. The customer undertakes:

4.3.1. Make payment for the communication services provided to him within the terms and conditions provided for in this Agreement.

4.3.3. Fulfill other obligations provided for by the current legislation of the Russian Federation and this Agreement.

4.4. The customer has the right:

4.4.1. Make claims on the received invoice in the manner provided for in Section 7 of this Agreement.

5. COST OF COMMUNICATION SERVICES AND PAYMENT PROCEDURE

5.2. The charging unit is _______________. The tariff unit can be changed by the Contractor at any time unilaterally.

5.4. The Customer pays for the Communication Services provided to him under this Agreement exclusively using the bank details specified in the invoice for payment for Communication Services, or in cash at the Contractor's payment points.

5.5. An invoice for payment for Communication Services provided in the month preceding the Billing Period is issued to the Customer before the __________ date of the Billing Period indicating the total amount of payment, as well as indicating each type of Services, their volume and cost. The basis for issuing an invoice to the Customer is the data obtained using the equipment used to record the volume of communication services provided.

5.7. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.

6. LIABILITY OF THE PARTIES AND FORCE MAJEURE CIRCUMSTANCES

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

7. DISPUTE RESOLUTION

8. TERM AND CONDITIONS FOR CHANGE AND TERMINATION OF THE AGREEMENT

8.1. This Agreement is valid from the moment it is signed by the Parties and is concluded for a period of ______________ from the date of its commencement.

The Agreement is automatically extended for the next year, unless otherwise stated by either Party __________ months before its expiration.

8.2. This Agreement may be terminated early in cases and in the manner provided for by the current legislation of the Russian Federation.

8.3. In the event of termination of this Agreement, the Parties must make mutual settlements for all obligations.

8.4. All changes and additions to this Agreement are made in writing and signed by authorized representatives of the Parties in two copies.

9. OTHER CONDITIONS

9.1. This Agreement is drawn up and signed in two copies having equal legal force, one copy for each Party.

10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

In order to understand the legal nature of the legal relations governed by the contract for the provision of communication services, we need to formulate the concept of this contract. Because an agreement for the provision of communication services is a subtype of a contract for the provision of services for a fee, it is possible to formulate a definition of this agreement by analyzing the concept of an agreement for the provision of services for a fee, as well as the key concepts enshrined in Federal law No. 126-FZ of July 7, 2003 “On Communications”, such as “communication service” and “telecommunications”.

According to Article 779 of the Civil Code of the Russian Federation, a contract for the provision of services for a fee is an agreement by virtue of which the contractor (service provider) undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

The concept of “communication service” is understood as “the activity of receiving, processing, storing, transmitting, delivering telecommunication messages or postal items"1. Moreover, from the definition it follows that communication services include not only telecommunication services, but also services postal service. Also, when analyzing the concept of “telecommunications”, also contained in Article 2 of the Federal Law “On Communications”, which defines this term, saying that telecommunications are “any emissions, transmission or reception of signs, signals, voice information, written text, images, sounds or messages of any kind by radio, wire, optical or other electromagnetic systems.” By analyzing all this, we can formulate the concept of an agreement for the provision of communication services.

A contract for the provision of communication services is an agreement between a telecom operator and a subscriber (user), according to which the telecom operator undertakes to carry out activities for the reception, processing, storage, transmission, delivery of postal items, telecommunication messages via radio, wired, optical and other electromagnetic systems, and the subscriber (user) undertakes to pay for these services.

Now let us trace the very legal nature of this agreement. In civil law there are a lot of criteria by which in jurisprudence they qualify different kinds contracts For our contract we will apply the main ones. For legal qualification, we need to determine what the contract for the provision of communication services is and what criteria it meets:

Real or consensual;

Paid or gratuitous;

Unilateral or mutual;

Urgent or unlimited.

By examining the first criterion, we will try to understand what type of civil contract we are considering is real or consensual? Here it is necessary to find out what the nature is, as well as what characteristics each species has.

When entering into contractual relations, participants in civil transactions always pursue a standard legal result, which is called the basis (causa) of the contract. The necessary legal minimum in this situation is an agreement between the parties, which is aimed at achieving this result, since everything further actions counterparties for the execution of an already concluded contract are aimed at precisely this.

Along with this, there are separate contractual relations, and their content requires additional guarantee ensuring the interests of their subjects at the stage of occurrence of an obligation.

The legal regulator of this additional guarantee of ensuring the interests of counterparties is a specific method of concluding real contracts, which includes not only the agreement of the parties, but also the transfer of specific property. Until the transfer of the property specified in the contract, the contract is considered not concluded and, accordingly, no obligation arises between the counterparties. In other words, the transfer by the supplier and the acceptance by the customer of property upon concluding a real contract definitively indicates the mutual intention of the parties to enter into a contractual relationship, expressed in their mutual agreement.

According to paragraph 1 of Article 433 of the Civil Code of the Russian Federation, a feature of the conclusion of a consensual agreement is the transfer of any property in the future, that is, when concluding it, the acceptor only needs to give his consent (acceptance) to the offer offered to him by the offeror. That is, a consensual agreement is a type of civil contract, the conclusion of which requires only the agreement of the counterparties and is recognized as concluded from the moment it is signed by the parties.

According to paragraph 2 of Article 433 of the Civil Code of the Russian Federation, a feature of a real contract is the transfer of property directly at the time of conclusion of this contract. That is, a real contract is a type of civil contract for the conclusion of which the transfer of property (sums of money, things, etc.) is necessary, and is recognized as concluded from the moment of transfer of this property.

Since when concluding an agreement for the provision of communication services, the transfer of any property is not required, but only the consent of the parties and the signing of the agreement is necessary, we conclude that this type the agreement is consensual.

Now let's determine what is this type agreement - paid or gratuitous. To do this, let us define each type of contract.

According to clause 1 of Article 423 of the Civil Code of the Russian Federation, an agreement under which a party must receive payment or other consideration for the performance of its duties is compensated. The gratuitous nature of the contract is determined by clause 2 of Article 423 of the Civil Code of the Russian Federation. A gratuitous agreement is an agreement under which one party undertakes to provide something to the other party without receiving payment or other consideration from it.

But in paragraph 3 of Article 423 of the Civil Code of the Russian Federation, a presumption is established that determines that an agreement is considered compensated when its gratuitous nature does not follow from the norms of the law, other legal acts, the content or essence of the agreement.

From the point of view of the essence of the contract, we can distinguish contracts that can be:

1) only for a fee (sale and purchase agreements, supply, lease, provision of services, etc.);

2) only gratuitous (donation agreements, gratuitous use of property, etc.);

3) both paid and gratuitous (storage agreements, loans, orders, etc.).

Since entrepreneurs must carry out their activities only for the purpose of making a profit, this means that gratuitous transactions contradict the meaning of their activities, as a result of which, clause 4 of Article 575 of the Civil Code of the Russian Federation contains a mandatory norm that introduces a ban on concluding gift agreements in relationships between commercial organizations. Therefore, the importance of the remuneration of the contract is fundamental in the implementation of entrepreneurial activities.

Summarizing this information and to summarize, we can say that:

Firstly, commercial organizations are engaged in the provision of communication services, main goal which is to make a profit.

Secondly, an agreement for the provision of communication services is a type of contract for the provision of services for a fee.

From this we can conclude that the contract for the provision of communication services is a compensated type of contract.

To do this, we will give a definition and consider the features of each type of contract.

Since an agreement is always a transaction, let us first turn to Chapter 9 of the Civil Code of the Russian Federation, namely Articles 153 and 154.

So, let’s define the concept of “deal”. According to Article 153 of the Civil Code of the Russian Federation, transactions are the actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.

Article 154 of the Civil Code of the Russian Federation specifies the types of transactions and gives their definitions. Thus, according to paragraph 1 of Article 154 of the Civil Code of the Russian Federation, transactions can be bilateral or multilateral (agreements) and unilateral. Paragraph 2 of Article 154 of the Civil Code of the Russian Federation gives the concept of a unilateral transaction, saying that a unilateral transaction is considered to be a transaction for which, in accordance with the law, other legal acts or agreement of the parties, the expression of the will of one party is necessary and sufficient. And clause 3 of Article 154 of the Civil Code of the Russian Federation determines that in order to conclude an agreement, it is necessary to express the agreed will of two parties, which is a bilateral transaction, or three or more parties, which is a multilateral transaction.

But, since a deal is not always an agreement, then unilateral agreements must be distinguished from unilateral transactions. In any agreement, be it unilateral or mutual, in any case the will of both parties is expressed. To complete a unilateral transaction, the agreement of both parties is not required; the will of one party is sufficient.

But, being always bilateral transactions, contracts, as well as transactions, are divided into unilateral and mutual, depending on whether the obligation is established on only one side or on both sides.

A unilateral agreement is an agreement that contains the obligations of one party and the rights and requirements of the other.

In a mutual agreement, obligations and rights exist for each party. Features of the execution of mutual agreements are related to Article 328 of the Civil Code of the Russian Federation, dedicated to counter-execution. The current Civil Code has replaced the sign of “reciprocity,” which was used before the Civil Code of the Russian Federation came into force, with “reciprocity.” This feature is more suitable and relevant at the present time, since the simultaneous fulfillment of obligations by both parties is very difficult in practice. The meaning of the sign of “meeting”, as emphasized by V.V. Vitryansky, is that this is “a performance that should be carried out by one of the parties only after the other party has fulfilled its obligation .

Thus, the current Civil Code of the Russian Federation, having replaced the sign of “reciprocity” with “reciprocity”, retained at its core the content of the corresponding concept.

Conditions of validity of Art. 328 of the Civil Code of the Russian Federation are highlighted in its paragraph 1. This paragraph determines the fulfillment of an obligation by the counterpart of one of the parties, which, in accordance with the terms of the contract, is conditioned by the fulfillment of obligations by the other party.

We can say that a mutual agreement is a type of civil contract in which both counterparties are endowed with both rights and obligations. Such an agreement is the sum of two obligations in which each of its parties occupies a different position.

Summarizing the above, we can assert that the agreement for the provision of communication services is a mutual agreement. Since under the terms of this agreement, according to the definition, the telecom operator undertakes to carry out activities for the reception, processing, storage, transmission, delivery of postal items, telecommunication messages via radio, wire, optical and other electromagnetic systems, and the subscriber (user) undertakes to pay for these services . This gives rise to the rights and obligations of both parties, and not just the rights of one party and the obligations of the other, as in a unilateral agreement.

Let's consider the last criterion of the contract. What is the contract for the provision of communication services, fixed-term or unlimited? To do this, we will define each type of contract.

Based on the name, a fixed-term agreement is an agreement concluded between a telecom operator and a subscriber (user) for the provision of communication services for a period of time limited by a certain time frame specified in the agreement.

Consequently, an open-ended contract is an agreement that is concluded between a telecom operator and a subscriber (user) for the provision of communication services for an indefinite period, or the period is not specified in the contract.

Taking into account the above definitions, as well as in accordance with paragraph 2 of Article 1 of the Civil Code of the Russian Federation, which enshrines the principle of freedom in establishing one’s rights and obligations under the terms of the contract that do not contradict the legislation of the Russian Federation. Based on the above, we can confirm the fact that an agreement for the provision of communication services can be concluded for both a definite and an indefinite period, if this provision, based on the essential terms of the agreement, does not contradict current legislation Russian Federation.

To summarize and give the legal qualification of the agreement for the provision of communication services, we can firmly say that this agreement is:

Consensual;

Paid;

Mutual;

Fixed term or unlimited term by agreement of the parties.