PUBLIC AGREEMENT

PUBLIC AGREEMENT  №10Н/2023

provision of paid services

 

Republic of Belarus,                                21.11.2023

Minsk region,

Minsk district

This public agreement, in accordance with Article 396 of the Civil Code of the Republic of Belarus, is a public offer of the joint closed joint stock company "ENERGO-OIL" (hereinafter referred to as the Contractor) for legal entities (residents of the Republic of Belarus) and individuals (residents and non-residents of the Republic of Belarus) (hereinafter referred to as the Customer) for the provision of services in the Sports and Shooting complex "300 meters" (hereinafter referred to as the " Agreement "), posted on the global computer network Internet on the website https://300metrov.by.

 

TERMS AND THEIR DEFINITIONS

For the purposes of the Agreement, terms are used in the meanings defined by the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus dated November 13, 2001 No. 61-Z “On Weapons”, the Law of the Republic of Belarus dated January 9, 2002 No. 90-Z “On the Protection of Consumer Rights”, and the terms mentioned in the Agreement and the capitalized terms below have the meanings defined in the Agreement.

 

 

 

The following terms have the following meanings, which apply equally to both the singular and the plural of such terms:

 

“Shooting Director” is an individual engaged (appointed) by the Contractor on the basis of an employment contract to organize shooting at a shooting facility, ensuring security measures during their conduct, and under whose leadership the Services are provided to the Customer and (or) persons directly receiving the Services.

"Acceptance of the Contract" - full and unconditional acceptance by the Customer of the terms of the Contract by 100% prepayment of the cost of Services in the amount and in the manner prescribed by the Contract. From the moment of 100% advance payment of the cost of Services, the Customer is considered to have accepted the Contract and, in accordance with the Civil Code of the Republic of Belarus, is considered as a person who entered into contractual relations with the Contractor on the terms of the Contract

"Customer" - a legal entity (resident of the Republic of Belarus), an individual (resident or non-resident of the Republic of Belarus) who has accepted the Contract

"The person directly receiving the Service" - an individual (resident or non-resident of the Republic of Belarus) specified in the Order for the provision of services.

“Shooting facility”  is one of the following specially equipped structures located on the territory of the Sports and Shooting Complex “300 Meters” and intended for the use of weapons and ammunition:

1. 300-meter indoor shooting range for shooting from smooth-bore and rifled small arms;

2. semi-closed shooting range “Running Boar” for shooting from smooth-bore and rifled small arms;

3. open shooting range for skeet shooting from smooth-bore small arms.

“Services” or “Service” - services (service) provided by the Contractor in accordance with the list of types of services specified in the Price List for services.

“Service price list” is a document containing information about the price of Services per unit of Service, approved by the Contractor.

“Site” is an information resource https://300metrov.by, owned by the Contractor.

“Parties to the Agreement” - Contractor, Customer.

“Service price” - the amount of monetary remuneration established by the Price List for services, for one unit of Services.

“Rules for safe handling of weapons” - Rules for safe handling of weapons, approved by Resolution of the Ministry of Internal Affairs of the Republic of Belarus dated July 27, 2012 No. 234.

 

1. THE SUBJECT OF THE AGREEMENT

 

1.1. In the manner and on the terms established by this Agreement, the Contractor, on the basis of a special permit (license) No. 33030/306, issued by the Ministry of Internal Affairs of the Republic of Belarus by decision of June 7, 2019 No. 11 km (license number in the Unified Register of Licenses 31200000065472), permits for opening and operation of Shooting Facilities, provides Services to the Customer, and the Customer accepts and pays for the Services provided.

1.2. The current version of the Agreement and its annexes are published on the Website and placed in a publicly accessible place in the 300 Meters Shooting Sports Complex.

Publication of the Agreement and its annexes on the Site is a public offer (offer) of the Contractor to enter into an Agreement.

All annexes to the Agreement are an integral part of it.

1.3. This Agreement, subject to the procedure for its acceptance, is considered concluded in simple written form (clause 2, clause 3 of Article 404 and clause 3 of Article 408 of the Civil Code of the Republic of Belarus), has legal force and does not require execution on paper .

1.4. The fact confirming full and unconditional Acceptance of the Agreement is the advance payment by the Customer of the full (100%) cost of the Services specified in the Order Invoice for the Agreement, paid by the Customer in the manner prescribed by clause 5.6. Agreement (clause 3 of article 408 of the Civil Code of the Republic of Belarus).

1.5. Services under the Agreement are provided using both the equipment and materials of the Contractor and the Customer.

 

2. PROCEDURE FOR CONCLUSION OF THE AGREEMENT

2.1. The services under this Agreement are provided upon the order of the Customer for the provision of services (hereinafter referred to as the “Order for the provision of services”).

The order for the provision of services is sent by the Customer to the Contractor by contacting the Contractor's Support Service at phone number +375 (29) 150 07 74, or by sending a message from the Contractor to the same phone number using any of the messengers of the Customer's choice (Viber, WhatsApp, Telegram) , or by sending a message by e-mail: tir300metrov@energo-oil.by (at the Customer’s choice).

The order for services must contain the following information:

1) last name, first name, patronymic (if any), identification number, date of birth, Customer and (or) Persons in whose favor the Order for the provision of services is sent (when ordering Services in favor of third parties;

2) the name of the selected Service in accordance with the Price List for Services (Appendix 1 to the Agreement);

3) the planned date and time of the start of the provision of Services;

4) the number and age of persons in whose favor the Order for the provision of services is sent (when ordering Services in favor of third parties);

5) the Customer's e-mail address for sending an Order invoice for Services (hereinafter referred to as the "Customer's e–mail").

2.2. The Contractor confirms the possibility of providing the Service (Services) in accordance with the conditions specified by the Customer in the Order for the provision of services by sending by e-mail to the Customer a scanned copy of the Invoice for payment for the Services (hereinafter referred to as the “Invoice Order”), signed by the Contractor in unilaterally.

The Customer, within 3 (three) days from the date of receipt of the Invoice from the Contractor, is obliged to pay the cost of the Services in the amount specified in the Invoice.

From the moment the Customer pays in full the cost of the Services specified in the Invoice, the Customer is considered to have fully accepted the Agreement.

The moment the Customer pays for the cost of the Services specified in the Order Invoice is the date the corresponding amount of funds is credited to the Contractor’s bank account.

The order invoice is an integral part of the Agreement.

2.3. The Contractor has the right to refuse to confirm the Order for the provision of services to the Customer if:

2.3.1. for technical or technological reasons, the provision of the selected Service is not possible;

2.3.2. The Contractor and the Customer have not reached agreement on the date and (or) time for the commencement of the provision of the Service;

2.3.3. The service specified by the Customer in the Order for the provision of services is not included in the List of Types of Services (Appendix 1 to the Agreement);

2.3.4. the provision of Services to the Customer and (or) persons specified in the Order for the provision of services is not possible due to prohibitions and (or) restrictions established by the legislation of the Republic of Belarus.

 

2.3.5. The order for the provision of services does not contain complete information specified in clause 2.1. Agreement.

2.4. If it is impossible to provide Services, the Contractor informs about the refusal to execute the Order for the provision of services by sending a response to the Customer in the same way in which the corresponding Order for the provision of services was received from the Customer.

 

3. OBLIGATIONS AND RIGHTS OF THE PARTIES

3.1. The Contractor undertakes:

3.1.1. after the Customer accepts the Agreement, provide him with Services under the terms of the Agreement specified in the relevant Invoice;

3.1.2. conduct with the Customer and (or) the Person(s) directly receiving the Service an instruction on safety measures during shooting under the signature in the Log of the instruction on safety measures during shooting;

3.1.3. to start rendering the Service after the Customer and (or) the Person(s) directly receiving the Service have been instructed on safety measures during shooting;

3.1.4. provide the Customer and (or) Persons directly receiving the Service with equipment that ensures the safety of these persons during the provision of the Service;

3.1.5. when providing Services, organize shooting in a manner that ensures the safety of shooting;

3.1.6. perform other duties provided for by the legislation of the Republic of Belarus and (or) arising from the terms of the Agreement.

 

3.2. The Customer and (or) Persons directly receiving the Service are obliged to:

3.2.1. before the provision of the Services, pay the cost of the Services in the full amount specified in the Order Invoice received from the Contractor to confirm the execution of the Order for the provision of services;

3.2.2. on the day (date) specified in the Invoice received from the Contractor for payment for the Services, come to the Sports and Shooting Complex “300 Meters” 20 minutes before the agreed time for the start of the provision of Services;

3.2.3. before providing the Services:

1) present to the Contractor (his representative):

- an identity document or other document containing the last name, first name, patronymic, date of birth, photograph (digital photo portrait) of the Customer and (or) Persons directly receiving the Services

- permission to store and carry weapons (in the case of using personal weapons and (or) ammunition for them when providing the corresponding type of Services);

- evidence confirming payment of the cost of the Services in clause 2.2. and clause 5.6. Agreement;, 2) sign the original Invoice in two copies (one for the Contractor, the second for the Customer);

3.2.4. accept the Services in accordance with the terms of the Agreement and the relevant Order Invoice;

3.2.5. before the start of the provision of Services, undergo training on safety measures during shooting against signature in the Logbook for registration of briefing on safety measures during shooting;

3.2.6. when in the territories of the Sports and Shooting Complex "300 meters", Shooting Facilities, observe the access and intra-facility regimes established at these facilities, move strictly along the appropriate markings and (or) in the directions determined by the Shooting Director;

3.2.7. when in the territories of the Sports and Shooting Complex "300 meters", Shooting Facilities, comply with fire safety rules, electrical safety, etc.

3.2.8.when using personal weapons during shooting, comply with the safety requirements set out in the passport (operating instructions) of a specific weapon model;

3.2.9. during shooting, follow instructions on safety measures when handling weapons and ammunition during shooting, approved by the Contractor, requirements of legislation regulating the circulation of weapons;

3.2.10. inform the Shooting Director about poor health that prevents the provision of Services, medical and other contraindications to the provision of Services;

3.2.11. not to interfere with the procedure for the provision of Services established by the Contractor at the Sports and Shooting Complex "300 meters", at Shooting Facilities;

3.2.12. bear material and (or) other liability for non-fulfillment and (or) improper fulfillment of this Agreement, legal requirements, as well as for damage caused to the Contractor, including its property, and (or) third parties;

3.2.13. after the completion of the Services, leave the Shooting Site;

3.2.14. before starting the provision of Services, familiarize yourself with the following posted on the Site:

- Instructions on safety measures when handling weapons and ammunition during shooting;

- Instructions for access and intra-facility modes;

- with the Rules for the safe handling of weapons;

3.2.15. fulfill other obligations established by the legislation of the Republic of Belarus, local legal acts of the Contractor and this Agreement.

 

3.3. The performer has the right:

3.3.1. completely or partially stop providing the Services and demand compensation for losses caused in connection with this, if the Customer and (or) the person directly receiving the Service:

- violates the Rules for the safe handling of weapons, Instructions for safety measures when handling weapons and ammunition during shooting, approved by the Contractor, legislation regulating the circulation of weapons;

- safety requirements set out in the passport (operating instructions) of a specific weapon model (when providing Services using the Customer’s personal weapon),

commits actions that may create a situation that threatens the life and (or) health of persons located in the territories of the Service Facility, Shooting Facilities, and (or) lead to other negative consequences;

 

3.3.2. unilaterally, for security purposes, establish restrictions on the provision of Services, including the time of provision of Services;

3.3.3. unilaterally, independently change prices for Services by approving new Price Lists for Services and updating (posting) them on the Site.

3.3.4. unilaterally completely or partially refuse to provide the Service to the Customer and (or) persons directly receiving the Service if:

- the Customer and (or) persons directly planning to receive the Service have signs of alcohol intoxication or a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances;

- Anthropometric data of the Customer and (or) persons directly planning to receive the Service do not correspond to the technical characteristics of the Contractor’s equipment using which the Service is provided;

- The Customer has not made payment for the Services in the manner and amount established by clauses 2.2., 5.6. Agreement;;

- when providing the Service using the Customer’s personal weapons and ammunition, these weapons and ammunition do not comply with the terms of the Agreement and the requirements of the legislation of the Republic of Belarus on weapons;

- The Customer has not fully or partially fulfilled the obligations provided for in the Agreement;

- there are other grounds provided for by law, including technical regulatory legal acts, mandatory for compliance when providing Services;

3.3.5. require the Customer and (or) Persons directly receiving services to submit documents necessary to issue an Invoice and (or) comply with the requirements of legislation regulating the circulation of weapons;

3.3.6. to exercise other rights when providing Services provided for by the legislation of the Republic of Belarus.

3.4. The customer has the right:

3.4.1. require the Contractor to provide Services in accordance with the terms of the Agreement after full and unconditional Acceptance of the Agreement;

3.4.2. to exercise other rights when receiving Services provided for by the legislation of the Republic of Belarus.

 

4. PROCEDURE FOR PROVIDING SERVICES

4.1. Services are provided on the territory of the Sports and Shooting Complex "300 meters" at the address: Minsk district, Papernyansky s/s, 110, ag. Semkovo, in the Shooting Facility corresponding to the type of Service specified in the relevant Invoice.

The operating hours of the Shooting Sports Complex are published in the public domain on the Website.

4.2. Services are provided strictly on the day (date) and time specified in the relevant Invoice, unless otherwise agreed by the Parties.

Late arrival of the Customer and (or) Persons directly receiving the service at the Sports and Shooting Complex “300 Meters” to receive the Services constitutes the Customer’s refusal to fulfill this Agreement or its relevant part.

5. PRICE AND COST OF SERVICES. PAYMENT PROCEDURE

5.1. Prices for the Services are formed by the Contractor in Belarusian rubles in accordance with the legislation of the Republic of Belarus on pricing, taking into account all taxes and fees in force in the territory of the Republic of Belarus.

Prices for Services are set in accordance with the Price List for Services valid on the date of provision of Services.

5.2. The price list for services, valid on the date of provision of the Services, is published on the Site and is an integral part of this Agreement.

5.3. The Contractor has the right to unilaterally change the established Prices for Services by publishing a new Price List for Services on the Site.

5.4. In accordance with the current legislation of the Republic of Belarus on pricing and local legal acts of the Contractor, the Contractor has the right to provide the Customer with discounts from the established prices for the Services.

5.5. The total cost of the Services under the relevant Order for the provision of services is determined by the sum of prices for all types and quantities of Services specified by the Customer in this Order, valid on the date of provision of the Services (hereinafter referred to as the “Cost of Services”).

5.6. Payment of the Cost of Services under this Agreement is carried out before the start of the provision of Services in the form of a full (100%) prepayment of the Cost of Services specified in the relevant Invoice, at the prices established by the Price List for Services on the date of payment and (or) the date of registration of the Invoice.

If the prices for the Services on the date of provision of the Services are higher than the prices (costs) of the Services paid under the relevant Invoice, the Customer is obliged to pay the difference between the Cost of Services paid under the Invoice and the Cost of Services valid on the date of provision of the Services , before the provision of Services using one of the methods specified in clause 5.7. Agreement.

5.7. Payment for the Cost of Services under the Agreement may be made (at the Customer’s choice) in one of the following ways:

- in cash upon concluding the Agreement and (or) issuing an Invoice for it directly at the Shooting Sports Complex "300 meters";

- using bank plastic cards when concluding an Agreement and (or) issuing an Invoice for it directly at the Shooting Sports Complex "300 meters";

- using the AIS "Calculation" ERIP (System "Calculation" (ERIP) - Online stores / services - 0-9 Digital domains - 3 - 300metrov.by - Enter the Order number)

- using the payment aggregator WebPay (according to the details specified in the invoice);

- bank transfer of funds to the settlement (current) account of the Contractor.

Additional information about the procedure and methods of payment for services is published on the Site.

Payment currency is Belarusian ruble.

 

6. DELIVERY AND ACCEPTANCE OF SERVICES PROVIDED

6.1. The certificate of services rendered under the relevant Order for the provision of services by each of the Parties is drawn up individually on the basis of the accounting data of the Contractor (paragraph two of paragraph 1 of Resolution of the Ministry of Finance of the Republic of Belarus dated 02.12.2018 № 13 “On the sole preparation of primary accounting documents”).

 

7. CHANGES TO THE AGREEMENT

 

7.1. Changes and additions to the Agreement, including the Appendices to the Agreement, are made by the Contractor unilaterally by posting on the Website a new version of the Agreement and (or) Appendices to the Agreement.

New versions of the Agreement and (or) Appendices to the Agreement come into force from the moment they are posted on the Site, unless otherwise indicated in the text of the Agreement and (or) Appendices to the Agreement.

 

8. RESPONSIBILITY OF THE PARTIES

8.1. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Parties are liable in accordance with the legislation of the Republic of Belarus and the Agreement.

8.2. Payment of penalties provided for in the Agreement and legislation does not relieve the Parties from fulfilling their obligations or eliminating violations, as well as compensation for losses caused.

8.3. The Customer and (or) the Person directly using the Service bears full responsibility to the Contractor for any damage caused to the Contractor’s property through the fault of the Customer and (or) the person directly using the Service.

8.4. The Customer and (or) the Person directly using the Service is responsible to the Contractor for any actions taken by him and (or) decisions made during the execution of the Agreement and (or) provision of Services under the Agreement.

 

9. FORCE MAJEURE

9.1. The parties are not responsible for violation of the provisions of the Agreement if such violation arose due to force majeure circumstances (force majeure).

9.2. Force majeure circumstances include: flood, fire, earthquake, other natural disasters, riots, strikes, epidemics, acts and (or) prohibitions of government bodies, economic, trade and other international sanctions applied by any state and (or) group states (unions), in relation to the Parties, other objective reasons, independent of the actions of the Parties, that arose after the conclusion of the Treaty, and the occurrence of which the Parties could not foresee and prevent.

9.3. The party for which a force majeure circumstance has occurred is obliged to notify the other party within 5 (five) days from the occurrence of such a circumstance. If force majeure circumstances persist for more than 30 (thirty) calendar days, the Agreement may be terminated by agreement of the parties.

9.4. The fact of force majeure circumstances must be confirmed by a certificate from the Belarusian Chamber of Commerce and Industry or another competent authority.

 

10. TERM OF THE AGREEMENT

10.1. The Agreement comes into force from the moment of its acceptance by the Customer and is valid until the Parties fully fulfill the obligations assumed under the Agreement.

 

11. DISPUTE RESOLUTION PROCEDURE. APPLICABLE LAW

11.1. Disputes under the Agreement are resolved by the Parties with mandatory compliance with the pre-trial claim procedure.

The period for considering a claim and sending a response to it is 15 (fifteen) working days from the date of receipt of the claim, unless other deadlines are established by the legislation of the Republic of Belarus.

The Parties have established that a claim received and left unanswered constitutes the written consent of the receiving Party with the circumstances and requirements set out therein.

11.2. If the dispute is not resolved through the claim procedure, the dispute is subject to consideration in court at the location of the Contractor in the manner established by the legislation of the Republic of Belarus.

Applicable law is the law of the Republic of Belarus.

The language of the trial is Russian.

 

 

12. OTHER CONDITIONS

12.1. The Customer, by accepting the Agreement, thereby confirms that the state of health of him and (or) the Persons directly receiving the Service allows him to receive the Service, and he and (or) the Persons directly receiving the Service do not have any medical contraindications or restrictions for the provision services under the Agreement and the Order for the provision of services, they are aware of the possible consequences of non-fulfillment and (or) improper fulfillment of the Agreement by them and bear full responsibility for such non-fulfillment.

12.2. The processing of personal data of the Customer and (or) Persons directly receiving the service is carried out to the extent necessary to fulfill the duties (powers) provided for by legislative acts, as well as on the basis of this Agreement, in order to perform actions established by this Agreement (paragraphs fifteen, sixteen , twentieth article 6 of the Law of the Republic of Belarus dated 05/07/2021 No. 99-Z “On the protection of personal data”.

12.3. The texts of documents received by the Parties from each other by e-mail have legal force on par with documents executed in simple written form, executed on paper. Correspondence between the Parties is carried out in Russian.

12.4. The agreement is drawn up in Russian and English. In case of discrepancies and inconsistencies between the Russian and English texts of the Agreement, the text in Russian takes precedence.

12.5. The technical, financial, commercial and other information related to the Agreement provided by the Parties to each other is confidential. The parties undertake to take all necessary reasonable measures to prevent the disclosure of the above information to third parties, except at the lawful request of competent government authorities.

12.6. Attachments to the contract

Appendix 2 – Price list for services.

 

 

13. LOCATION AND BANK DETAILS OF THE CONTRACTOR:

Joint closed joint stock company "ENERGO-OIL"

UNP: 800011806, OKPO: 37564447

 

Legal address (postal address):

220004, Republic of Belarus, Minsk, Rakovskaya street, building 14B, 3rd floor;

account BY 47 MTBK 3012 0001 0933 0008 0414 BIC/SWIFT: MTBKBY22 at MTBank CJSC, Minsk, Tolstoy St., 10.

tel: +375-17- 396-52-97,

e-mail: office@energo-oil.by

Shooting sports complex “300 meters”, Minsk district, Papernyansky s/s, 110, ag. Semkovo,

Support service:

tel.: +375 (29) 150 07 74

(Viber, WhatsApp, Telegram)

e-mail: tir300metrov@energo-oil.by

Минский р-н, Папернянский с/c, А.Г. CЁМКОВО, 110

300 метров от гостинично-ресторанного комплекса «Сябры»

GPS: 53.4553, 23.566784

10:00—20:00 all days

tir300metrov@energo-oil.by