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Agreement with Daniiar

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Agreement on reimbursable services
St. Petersburg "__" ________ 202__.
Limited Liability Company "KABUTECH", PSRN 1217800193302, hereinafter
referred to as "Customer", represented by General Director Malova Julia
Andreevna, acting on the basis of the Charter, on the one hand, and
Abikeev Daniiar Timurovich, hereinafter referred to as the "Contractor", on the
other hand, jointly referred to as the "Parties" and individually as the "Party", has
concluded this agreement (the "Agreement") on the following:
1. Subject of the Agreement.
1.1 In accordance with the Contract, the Contractor undertakes to provide services
for the classification and correction of the input graphic data (images of document
copies) and (or) other data for machine learning of neural networks of the
Customer and/or third parties specified by the Customer, and the Customer
undertakes to pay for the services provided in the manner and within the period
specified in the Contract.
Data classification and correction for the purposes of this Agreement shall mean
the following operations:
1.1.1) carrying out a visual analysis of the image and selecting an image type
(template) corresponding to it from among those presented in the dashboard.
Dashboard hereinafter means a software and hardware complex and a set of
information and communication technologies, access to which is provided by the
Customer and for integration with which the Customer's software module is
developed;
1.1.2) detection of discrepancies between the analyzed image and the template
selected for it;
1.1.3) entering in the fields of the graphical interface of the dashboard the
information required in accordance with the selected template about the image
content, its parameters and elements;
1.1.4) for images with respect to which discrepancies with the template are
identified - entering comments describing the nature of such discrepancies to the
dashboard;
1.1.5) other operations, a specific list of which is determined by the Customer in
the "Rules for calculating remuneration", with which the Contractor is familiar
before signing this Agreement and subsequent editions of which are placed by the
Customer in the dashboard.
1.2 The Executor undertakes to render the services stipulated in the Agreement
personally and independently without involving third parties.
1.3 The Contractor is a self-employed person and applies a special tax regime
"Professional Income Tax" (PIT) in its professional activities in accordance with
the Federal Law of 27.11.2018 № 422-FZ "On the experiment on the establishment
of a special tax regime "Professional Income Tax". For the purposes of this
Agreement, the place of service provision shall be the location of the Contractor as
a NAP payer. The Contractor is not an employee of the Customer and is not in an
employment relationship with the latter, and has not been in such a relationship for
the past two years.
1.4. The Contractor confirms that before signing this Agreement the Customer has
sent to the Contractor the current version of the "Rules of remuneration
calculation" by e-mail for review, the Contractor is familiar with and agrees with
their terms.
2. Term of Agreement.
2.1 Term of the Contractor's rendering services under the Agreement - from the
date of its signing by the Parties till December, 01st, 2022. Upon termination of the
specified term, the Contract may be prolonged by an additional agreement of the
Parties.
2.2 Each Party has the right to withdraw from the Contract for any reason with
prior notice to the other Party 3 (three) working days before the expected date of
termination of the Contract.
2.3 In case of refusal to perform the Agreement without prior notice, the Party
concerned shall fully compensate the other Party for the losses incurred by the
latter as a result of such refusal.
2.4 Expiration of the Agreement, as well as its early termination, shall not release
the Parties from their obligations to make settlements arising during the term of the
Agreement and not performed by the Parties as of the date of its termination, as
well as from liability for its violation which occurred during the term of the
Agreement.
3. Obligations of the Parties.
3.1 The Contractor is obliged to:
3.1.1) to authorize in the personal account, created in the dashboard, after receiving
from the Customer a unique identifier in the form of a login and password;
3.1.2) every two calendar days to get acquainted with the current edition of the
"Rules of remuneration calculation" placed in the dashboard in order to study the
tasks that the Executor is obliged to perform within the framework of services
rendering;
3.1.3) perform several test tasks in order to familiarize with the functionality of the
Dashboard in accordance with clause 4.4 of the Agreement;
3.1.4) check the availability of new tasks in a timely manner in the personal
cabinet.
3.1.5) perform the data processing tasks automatically generated in the Personal
Cabinet, in accordance with their descriptions and the deadlines set in them;
3.1.6) record the moment of completion of each task by means of the dashboard
interface;
3.1.6) inform the Customer at his request about the progress of services under the
Contract;
3.1.7) maintain communication with the Customer by means of the dashboard, as
well as (if necessary) by means of e-mail and other means of communication
agreed by the Parties;
3.1.8) keep confidentiality of information received from the Customer within the
framework of providing services under the Contract. The Parties agree that the
provisions of any previously or subsequently concluded agreements on
confidentiality and/or non-disclosure of information apply equally to the relations
governed by the Contract;
3.1.9) no later than 1 (one) business day from the date of the relevant request of the
Customer to provide information and/or documents necessary to verify the
Contractor's right to apply the special tax regime NAP, as well as to make
settlements under the Contract;
3.1.10) in case of loss of the right to apply the special tax regime NAP on any
grounds to notify the Customer about it within two (2) calendar days from the
relevant date.
3.2 The Customer undertakes to:
3.2.1) ensure that a dashboard account is created for the Contractor to access the
personal account and functionality to perform tasks within the framework of the
provision of services under the Agreement;
3.2.2) timely send to the Contractor a unique identifier in the form of a login and
password for access to the personal account created in the dashboard;
3.2.3) provide to the Contractor other information and documentation necessary for
the provision of services;
3.2.4) to communicate with the Executor via Dashboard, as well as (if necessary)
by e-mail and other means of communication agreed by the Parties in order to
control the quality and acceptance of the results of services rendered by the
Executor;
3.2.5) accept and pay for the services rendered by the Contractor in accordance
with the terms of the Agreement.
3.2.6. provide during the periods of rendering services agreed with the Customer in
accordance with clause 4.6. of the Agreement, the availability of tasks for the
Executor in the dashboard specified in clauses 1.1.1-1.1.5 of the Agreement.
4. Order of services rendering.
4.1 Contractor begins to render services after notification of Customer about
creation of Contractor's account in Dashboard. Access to the personal account
(both for primary and repeated authentication) is carried out on the website with
the address https://kabutek.software/ by means of the unique identifier in the form
of a login and password provided to the Executor, and (if necessary) by means of
two-factor authentication.
4.2 The Customer reserves the right at his own discretion to temporarily or
indefinitely block the Contractor's access to the personal cabinet in case of breach
of this Agreement by the Contractor (or if the Customer has sufficient grounds to
assume the breach), as well as in case of systematically unsatisfactory quality of
the services provided by the Contractor. Upon termination of the Agreement for
any reason, the Contractor's unique identifier for access to the Personal Office shall
be canceled indefinitely.
4.3 Data processing tasks according to clause 1.1 of the Agreement are allocated to
the Executor automatically together with the description of their content and are
available for execution in the dashboard. Completion of each task is fixed by the
Executor with the corresponding function of the dashboard.
4.4 The Executor shall perform several test tasks to get acquainted with the
functionality of the dashboard before the beginning of the services. Tasks
performed by the Executor within such familiarization shall be paid on the same
terms as tasks performed within the framework of rendering services according to
clause 1.1 of the Agreement.
4.5 The Executor determines the place, method and time of rendering services at
his own discretion, incurs the expenses related to rendering services independently
and uses his own equipment while rendering services.
4.6 In order to properly provide the Customer with access to the dashboard for the
Executor, the Executor shall send to the Customer on a weekly basis a schedule of
services, which indicates the planned for the week period of services (total number
of hours and specific periods of time during the day). The parties have agreed that
the Contractor's schedule shall provide for the provision of services for at least 15
hours per week and at least 7.5 consecutive hours during the day. The specific
number of hours and periods of time during which services are provided shall be
chosen by the Contractor himself.
The Customer shall not be liable for unavailability of the dashboard functionality
for the Executor during the periods not specified in the schedule of the Executor.
The Customer shall also not be liable for the absence of tasks for the Executor in
the Dashboard at periods not specified in the schedule of the Executor.
4.7 The Customer has a right to control regularly the quality of the results of the
services rendered by the Executor by means of viewing the tasks automatically
generated in dashboard and processed by the Executor. The Executor undertakes to
eliminate any shortcomings identified by the Customer as soon as possible.
5. Procedure for acceptance and payment of services.
5. The cost of the services rendered by the Contractor is set depending on the type
of task automatically generated in the dashboard and is fixed in the "Rules for
calculating remuneration" posted in the dashboard according to clause 1.1.5 of the
Agreement. The cost of services can be increased/decreased in accordance with the
coefficients and parameters set in the dashboard (including criteria for the
complexity of processed images, criteria for the quality of services, etc.).
Information about the total cost of services accepted and payable to the Contractor
by the Customer is displayed in the dashboard and is available to the Contractor for
viewing.
5.1.1 The "Remuneration Calculation Rules" may provide for the provision of a
bonus to the Contractor for the fulfillment of certain conditions set out in the
"Remuneration Calculation Rules", such as the volume of services rendered for a
certain period of time, high-quality performance of all tasks for a certain period,
etc.
5.1.2 The Rules for Calculating Remuneration" may provide for a reduction in the
amount of remuneration if the quality of services provided is insufficient.
However, such a reduction cannot be more than 25% of the remuneration.5.1.3 The
Customer may unilaterally change the cost of performing individual tasks, as well
as make changes to the "Rules for calculating Remuneration" in the event of new
types of tasks, setting the cost of performing such tasks. If changes are made to the
"Remuneration Calculation Rules", the Customer is obliged to publish a new
edition of the "Remuneration Calculation Rules" in the dashboard. The new edition
of the "Rules for calculating Remuneration" begins to take effect after 2 (two) days
from the date of publication, unless a longer period is specified in the "Rules for
Calculating Remuneration". In case of disagreement with the published new
edition of the "Rules for calculating Remuneration", the Contractor is obliged to
send the Customer a written notice of refusal to provide services.
5.2. The Parties agree on a weekly basis on the act of rendering services
(hereinafter also referred to as the act) in free form (including in electronic form)
and indicating the volume of services rendered during the corresponding week.
5.3. If uncorrected deficiencies in the services provided by the Contractor are
identified, the Customer has the right to submit to the Contractor a reasoned refusal
to approve the act (in terms of poorly rendered services) within 5 (five) working
days by e-mail or personal account (or by another agreed method). If the Customer
has not agreed on the act of rendering services and a reasoned refusal to approve it
has not been submitted within the specified period, the services are considered to
have been rendered properly.
5.4. Payment for the services rendered is made by transfer to the Contractor's bank
account within 3 (three) working days from the date of approval of the act by the
Customer or the expiration of the deadline for submitting a reasoned refusal to
approve the act in accordance with clause 5.3 of the Contract.
5.5. No later than the 9th day of the month following the month in which the
payment was made, the Contractor is obliged to issue to the Customer by sending
an e-mail (or other method agreed by the Parties) a receipt for the services
rendered during the relevant week. The receipt must contain all the necessary
details provided for in Part 6 of Article 14 of Federal Law No. 422-FZ of
27.11.2018 "On conducting an experiment to establish a special tax regime
"Professional income tax". The Contractor also undertakes to notify the Customer
of the cancellation of any receipt generated as part of the provision of services
under the Contract within 1 (one) business day from the date of such cancellation.
5.6. For the purposes of this Agreement, the proper performance of the obligations
provided for in clause 5.5 of the Agreement, including their performance by an
authorized credit institution (hereinafter also referred to as the “Partner”), is
recognized. The Joint-Stock Company “Tinkoff Bank” was chosen as a Partner by
the Contractor, for which a corresponding agreement was concluded between the
Contractor and the Partner. The powers of the Partner include the functions of
obtaining information about the tax accruals and income of the Contractor,
adjusting information about the income of the Contractor and the profile of the
Contractor, paying tax accruals on behalf of the Contractor, performing other
actions provided for by the functionality of the mobile application “My Tax” to
transfer information about the calculations made to the tax authority, forming a
receipt and ensuring its transfer To the customer in the mobile application “My
tax". At the same time, the Customer does not exercise control over the transfer of
information about the calculations made to the tax authority, the formation of a
receipt and ensuring its transfer to the Customer; these actions are carried out
directly by the Contractor through the mobile application “My Tax”, including
with the involvement of a Partner.
5.7. In the event that the impossibility of execution arose due to circumstances for
which neither Party is responsible, the Customer reimburses the Contractor for the
expenses actually incurred by him.
5.8. Each of the Parties to the Agreement independently and at its own expense
performs the duties of calculating and paying all taxes in respect of which this
Party is recognized as a taxpayer in accordance with applicable law. The Customer
is not a tax agent in relation to the Contractor when paying for the services
rendered by him and paying any other amounts under the Contract.
6. Liability of the Parties.
6.1. For non-fulfillment or improper fulfillment of obligations under the
Agreement, the Parties are responsible in accordance with the current civil
legislation of the Russian Federation and this Agreement.
6.2. In case of non-fulfillment by the Customer of the obligation stipulated in
clause 3.2.6 of the Contract, the Contractor has the right to demand payment of a
penalty for downtime in the amount of 2.7 rubles for each minute during which the
Contractor was not provided with tasks for the provision of services. The amount
of the penalty for downtime is determined in the dashboard automatically and is
indicated in the act of rendering services, drawn up in accordance with clause 5.2.
of the Contract.
6.3. Under no circumstances shall the Customer be liable under the Contract for
the Contractor's lost profits, regardless of whether the Customer could have
foreseen the possibility of corresponding losses.
6.4. In case of late payment by the Customer of the Contractor's services, the latter
has the right to demand payment of a penalty in the amount of 0.1% of the amount
not paid on time for each day of delay, but not more than 30% of the amount owed.
6.5. In case of non-fulfillment of the obligation provided for in clause 3.1.10 of the
Contract, the Contractor undertakes to pay the Customer a fine in the amount of
100% of the amount payable by the Customer within the framework of personal
income tax obligations and insurance premiums (including possible penalties and
fines) for the period from the date of loss of the relevant tax status by the
Contractor until the date when the Customer became aware of loss of status.
6.6. In case of non-fulfillment of any of the obligations stipulated in clause 5.5 of
the Agreement, as well as in case of incorrect cancellation of the receipt (which
means cancellation of a previously formed receipt in the absence of a refund to the
Customer) The Contractor undertakes to pay the Customer a fine in the amount of
100% of the amount for which the corresponding check was issued or should have
been issued.
6.7. The Parties are released from liability for non-fulfillment or improper
fulfillment of their obligations under the Agreement, if such non-fulfillment or
improper fulfillment was the result of force majeure circumstances that did not
exist or were not known to the Parties at the time of signing the Agreement. A
Party unable to fulfill an obligation due to force majeure circumstances must notify
the other Party within a reasonable time and proceed to fulfill the obligation if the
force majeure circumstances have ceased to apply.
6.8. The Contractor is fully responsible for the safety of its unique identifier for
access to the personal account and for losses that may arise as a result of its
unauthorized use. The Customer is not responsible to the Contractor for the
consequences of unauthorized use of the unique identifier of the Contractor by
third parties.
6.9. If, in accordance with the Contract or applicable law, the Contractor is obliged
to pay the Customer a fine or penalty or compensate for losses, the Customer has
the right to withhold such amounts from the amount of remuneration accrued to the
Contractor under the Contract. In case of such withholding, the Customer's
obligation to pay remuneration in part of the specified amounts is considered to
have been duly fulfilled.
7. Final provisions.
7.1. The Agreement comes into force from the moment of signing by authorized
representatives of the Parties and is valid until the Parties fully fulfill their
obligations under it or until its termination at the initiative of one of the Parties in
accordance with clause 2.2 of the Agreement.
7.2. Amendments and additions to the Agreement come into force from the
moment both Parties express their explicit consent to the corresponding change or
addition (in writing or by specific actions).
7.3. Disputes and disagreements between the Parties on issues regulated by the
Agreement are resolved through negotiations and (or) sending claims, the
consideration period of which is 15 (fifteen) working days from the date of their
receipt. If the Parties fail to reach an agreement in the specified manner, the
relevant dispute is referred to the court at the location of the Customer.
7.4. All issues not regulated by the Agreement are resolved in accordance with the
current legislation of the Russian Federation.
7.5. The Agreement is drawn up in two copies having equal legal force, one for
each of the Parties.
8. Addresses, details and signatures of the Parties.
Customer
Executor
KABUTEK LLC
Abikeev Daniiar Timurovich
OGRN: 1217800193302
Address: 197110, St. Petersburg, BOLSHAYA
RAZNOCHINNAYA STR., 14, LITERA A, ROOM. No. 506 A
INN/KPP: 7842516575/780101001
Passport (series, number) 4017 907166
SNILS 170-485-840 80
INN 245723925248
Sender's Bank:
ST. PETERSBURG BRANCH OF Alfa Bank JSC
BIC: 044030786
Correspondent account: 30101810600000000786
R/s: 40702810232390001742
Recipient's bank:
JSC "MTS-BANK"
BIC: 044525232
Correspondent account: 30101810600000000232
INN/KPP: 7702045051/772501001
Account number: 40817810301008433857
E-mail: bk@kabutek.software
E-mail: d.abikeev@icloud.com
General manager
_____________/Malov Yu. A.
_____________/Abikeev D.T.
Date of signing 24.09.2021
Date of signing 24.09.2021
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