Re: Detective services contract with personal data protection
CONTRACT No. ___
on the provision of detective (detective) services
Kurgan "____" __________ 20 ___
Detective LLC represented by the director or (individual entrepreneur) hereinafter referred to as the "Contractor", acting on the basis of license No. _____ of ____________ year issued by the Department of Internal Affairs _______________ of the region, territory, and the Law of the Russian Federation "On Private Detective and Security Activities in the Russian Federation Federation ”of March 11, 1992 (hereinafter referred to as the" Law "), on the one hand, and ___________________________________ hereinafter referred to as the" Order-Chick ", on the other hand, have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor provides, and the Customer pays for detective (detective) services, in the framework of the types permitted by Article 3 of the Law, including one-time or subscription nature.
1.2. The Customer specifies and clarifies the content of the services and transmits to the "Contractor" the complete and reliable information necessary for the provision of services under the Agreement in a form convenient for the parties (reports the information orally, transmits it in writing or electronically). If possible, briefly formulate specific tasks (content) of the services to be performed, they are indicated directly in a written application containing the legal details of the Customer.
2. METHODS OF WORK, RESTRICTIONS IN ACTIVITIES AND BASIC
CONTRACTOR RESPONSIBILITIES
2.1. When performing services, the Contractor uses the following basic methods directly provided for by Art. 5 of the Law:
• an oral survey of citizens and officials (with their consent)
• inquiry
• study of objects and documents (with the written consent of their owners)
• external inspection of buildings, premises and other objects
• observation to obtain the necessary information in order to provide these services
• the use of video and audio recordings, film and photography, technical and other means that do not harm the life and health of citizens and the environment, as well as means of operational radio and telephone communications.
2.2. The customer has the right to specify and clarify the content of the tasks. In this case, the Customer is obliged to transmit to the Contractor the complete and reliable information necessary for the provision of services under the Agreement in a form convenient for the parties (provides information verbally, transmits in written or electronic form), in this case, if the collection of information relates to the personal data of a citizen ( person involved), limited to distribution, the Customer provides a copy of the written consent of the person involved in its verification, duly certified.
2.3. Contractor in addition to those specified in clause 2.1. when performing work under the Agreement, it can carry out tasks: any other actions not prohibited by the legislation of the Russian Federation.
2.4. The Contractor does not have the right, according to Articles 1 and 7 of the Law:
• carry out any operational-search actions attributed by law to the exclusive competence of inquiry bodies
• hide from law enforcement bodies the facts of impending or committed crimes that became known to him
• impersonating a law enforcement officer
• collect information related to personal life, political and religious convictions of individuals without their written consent
• make video and audio recordings, filming and photographing in official or other premises without the written consent of the relevant officials or individuals
• resort to actions encroaching on the rights and freedoms of citizens, to commit actions that endanger the life, health, honor, dignity and property of citizens
• falsify materials or mislead the client
• disclose the information collected, use it for any purpose contrary to the interests of its client or in the interests of third parties
• transfer your license for use by others
Conducting detective actions that violate the secrecy of correspondence, telephone conversations and telegraphic messages, or related to violation of guarantees of inviolability of the person or home, entails liability established by law.
2.5. The Contractor also does not have the right to use technical means intended (designed, adapted) for covert information retrieval and authorized for use exclusively by employees of the agencies engaged in operational-search activities.
3. OBLIGATIONS OF THE CUSTOMER UNDER AGREEMENT
3.1. When providing detective services related to staying at the Customer’s property (real estate, vehicles, etc.) and placing there technical equipment not prohibited by applicable law, the Customer is obliged to provide the Contractor with copies of documents on the right of ownership (lease, sublease or other disposal rights) for the said property.
3.2. The Customer is obliged to immediately inform the Contractor about the fact of challenging administratively or arbitration (judicial) instances of the rights specified in clause 3.1.
3.3. This clause of the Agreement confirms the written consent of the Customer for the use of video and audio recording, film and photography tools by the Contractor in its premises.
4. SIZE AND ORDER OF PAYMENT FOR SERVICES
4.1. The calculation of the cost of the Contractor's services is determined by the tariffs of the Contractor, with which the Customer is familiar with the signing of this agreement and agrees to pay for them when the Contractor issues an appropriate account. The Contractor's tariffs are drawn up in an additional appendix and are an integral part of this agreement.
4.2. The size of the one-time service provided to the Customer entitles the Contractor to increase the cost of services to 20% of the tariff value of the task.
4.3. The size of the subscription service entitles the Customer to reduce the cost of the complex of tasks to 20% of their tariff value.
4.4. The Customer is obligated to pay the amount of ___% of the total invoice amount to the Contractor’s current account within 3 banking days from the receipt of the invoice for the services provided.
4.5. In case of early termination of the contract at the initiative of the Customer, the money transferred by the Customer for subscription services is returned to the Customer in full, less the cost of the services already performed in the amount specified in clause 4.2. of this agreement with an increase in the cost of services by 20% of the tariff value of each completed task.
4.6. Upon termination of the contract at the Contractor's initiative, the money transferred by the Customer for subscription services is returned to the Customer in full, minus the cost of the services already performed in the amount specified in clause 4.3. of this agreement with a cost reduction of 20% of the tariff value of each completed task.
4.7. By written agreement of the parties, correction of the amounts of payment is allowed by mutual agreement of the parties in the course of the provision of services. If an advance is provided under the Agreement, then it is intended for overhead expenses under the Agreement and will not be returned to the Customer.
5. RESPONSIBILITY OF THE PARTIES
5.1. For failure to inform the Contractor about the use by the Customer of the information received, the Customer pays a fine of ______ rubles (____% of the order value).
5.2. For the transfer of information without the permission of the Contractor to other users, the ordering officer pays a fine of _____ rubles (____% of the order value).
5.3. In other cases, the parties are responsible for non-performance or improper performance of their obligations under the Agreement in accordance with applicable law.
6. DURATION OF THE AGREEMENT AND OTHER TERMS OF THE AGREEMENT
6.1. This Agreement is concluded for a period of ______________ and is valid until the end of the specified period, or until its unilateral termination at the initiative of one of the parties.
6.2. Unilateral termination implies the obligatory indication of the reason for the termination and occurs in written notification of one side of the other. The contract with this form of termination is considered terminated on the day of receipt of a written notice.
6.3. This Agreement is made in duplicate, having equal legal force.
6.4. The contract comes into force from the moment of its signing by the parties.
6.5. This agreement is concluded on a confidential basis and its provisions are not subject to disclosure to third parties, with the exception of cases expressly provided for by law. The specific content of services and the cost of services under the contract, as well as reports on the performance of services are the trade secrets of the parties and are not subject to disclosure to third parties.
6.6. The Parties shall not be liable for each other's obligations not specified by this Agreement.
6.7. Disputes on settlements for services and other disputes under the agreement shall be considered in courts of general jurisdiction or arbitration at the location of the Contractor.
SIGNATURES OF THE PARTIES:
"Contractor" "Customer"
M.P. M.P.
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