Public offer
1. Subject of the agreement
1.1 Performance of work on the care of graves located in the Brest city area (Ploska, Severnoye, Vulka, Kamenitsa Zhirovetskaya, Polskoye, Kozlovichi, Lysaya Gora, Garrison, Rechitskoye, Herzen, Trishinskoye, Mitki, Volynskoye). PNPD, providing burial care services, acts as an agent of the person who placed the order and paid for the ordered services.
1.2 The Contractor undertakes, on behalf of the Client, to carry out the work on the care of the burial, and the Client undertakes to accept the work performed and pay for it in accordance with the procedure and on the terms defined by this Agreement.
1.3 The Client's work order is executed by filling out the work order form for the selected burial site, which contains: Information identifying the Client (full name, phone number and e-mail address of the Client), information about the burial site for which the work is being performed, and a list of works.
1.4 Based on the Request received from the Client, an invoice will be generated, which the Client can pay by making an online payment by bank card to the Contractor's current account in accordance with the invoice issued by the Contractor for the payment of the ordered works. The Order executed on the basis of the Client's Request is an integral part of this Agreement.
1.5 When the Customer pays for an Order based on his Request by making an online payment using a bank card, a confirmation of payment receipt will be sent to the email address specified in the Customer's Request.
1.6 The Contractor has the right to change the terms of this Agreement unilaterally at any time without prior agreement with the Client, while ensuring that the amended terms are published on the Website at https://grave.of.by/en.html#oferta
2. Rights and obligations of the parties. Work completion dates
2.1. The Contractor undertakes to:
2.1.1. Perform the work specified in the Order formed on the basis of the Client's Request within a period not exceeding 30 working days from the date of receipt of payment, unless otherwise provided by the user's schedule for the provision of services. The exception is complex repair work, the terms of these works are negotiated individually.
2.1.2. The list of proposed types of work may include work that cannot be performed during the autumn-winter period. The Contractor guarantees that such work will begin no later than 14 working days from the beginning of the spring-summer season, after the Client accepts this Agreement, and will end no later than 30 working days after the start of work. The date of the beginning of the spring-summer season is set by the cemetery administration.
2.1.3. Upon completion of the work, send images confirming the proper performance of the work to the e-mail address specified by the Client.
2.1.4. When performing work, observe the norms and rules on labor protection, safety, industrial sanitation and fire safety provided for by the legislation of the Republic of Belarus.
2.1.5. Provide consultations to the Client during business hours (from 9-00 to 17-00, except weekends and official public holidays) using the means specified by Clint for contacts on issues the Client may have in connection with the performance of work under this Agreement.
2.1.6. To ensure the confidentiality of information provided by the Client, except in cases when providing access to such information for third parties is a necessary condition for the performance of work or is mandatory due to the requirements of the legislation of the Republic of Belarus.
The Contractor has the right to:
2.2.1. Suspend or terminate the performance of work, or terminate this Agreement unilaterally in case of non-fulfillment by the Client of the assumed obligations under this Agreement.
2.2.2. If necessary, use anonymized information about completed works in your portfolio, including providing third parties with information about the results of completed works using images of burials before and after the work.
The Client undertakes to:
2.3.1. Provide reliable data and not violate the rights of third parties when ordering work from the Contractor.
2.3.2. Comply with the terms of this Agreement, as well as pay the Contractor for the ordered works in the manner, amounts and within the time limits specified in this Agreement.
2.4.1. Require the Contractor to perform the work properly under this Agreement.
2.4.2. To receive consultations from the Contractor during working hours (from 9-00 to 17-00, except weekends and official public holidays) using the means specified by Clint for contacts on issues arising from the Client in connection with the performance of work under this Agreement.
2.4.3. Terminate this Agreement in case of non-fulfillment or improper fulfillment by the Contractor of its obligations to perform work under this Agreement.
3. The order of delivery and acceptance of completed works
3.1. In accordance with Resolution No. 13 of the Ministry of Finance of the Republic of Belarus dated 12.02.2018 "On the sole preparation of primary Accounting documents and Invalidation of Resolution No. 58 of the Ministry of Finance of the Republic of Belarus dated December 21, 2015", the Client confirms and agrees that the Act of Acceptance and Transfer of completed works in accordance with this Agreement may be compiled by the Performer alone. The works are considered completed from the moment the Contractor individually draws up the Act of Acceptance of the completed works. An image confirming the completion of the work is sent to the Client's specified email address. An e-mail with a confirmation image of the completed work is also an Act of acceptance of the completed work.
3.2. If there are complaints about the work performed, the Client is obliged to notify the Contractor of them no later than 5 (five) business days from the end of the deadline for the performance of the work provided for in this Agreement.
3.3. In case of defects, the Contractor undertakes to eliminate them within 14 working days from the date of receipt of the relevant claim from the Client.
4. Price and payment procedure
4.1. The cost of the work is determined by the Contractor and communicated to the Client when forming an Order for the work. The approximate cost of the work is indicated on the website at https://grave.of.by/en.html#work , which is an integral part of this Agreement.
4.2. The contractor has the right to independently set prices for the work performed and change them in accordance with the current legislation. The changed prices for the work performed are valid from the moment determined by the Contractor.
4.3. The paid works are provided by the Contractor in full, regardless of the change in prices for them.
4.4. The work is carried out on a 100% prepayment basis.
4.5. Payment is made by making an online payment by bank card based on the generated Order in accordance with the invoice issued by the Contractor for the payment of the ordered works.
5. Force majeure
5.1. The Parties shall not be liable for non-fulfillment or improper fulfillment of obligations under this Agreement if this proved impossible due to force majeure circumstances.
Force majeure circumstances include events of an extraordinary nature that arose after the conclusion of this Agreement, which the parties could not have foreseen, prevented or influenced by reasonable measures (natural disasters – floods, hurricanes, etc.; military operations, riots, acts of vandalism, falling trees on a grave, uncontrolled actions of 3 persons).
If the circumstances mentioned in this paragraph directly affected the fulfillment of the obligation within the time period specified in the Agreement, then this period is proportionately postponed for the duration of the relevant circumstance.
6. Liability of the parties
6.1. The parties are responsible for non-fulfillment of the terms of this Agreement in accordance with the legislation of the Republic of Belarus.
6.2. In case of losses caused to the Contractor in connection with the provision of information that does not comply with the law or reality, or in violation of the rights of third parties, the Client shall reimburse the Contractor for all losses within 5 (five) banking days from the date of invoicing.
6.3. The Client is solely responsible for any actions related to this Agreement that violate the rights of third parties.
6.4. All disputes and disagreements that may arise in the performance of obligations under this Agreement or in connection with it, are resolved by the parties through negotiations. If it is impossible to resolve disagreements, disputes under this Agreement shall be resolved in accordance with the procedure provided for by the legislation of the Republic of Belarus.
6.5. The Contractor has the right not to consider claims submitted after missing the deadlines set by this Agreement.
7. Final provisions
7.1. This Agreement comes into force from the date of acceptance (acceptance) of this Agreement by the Client and is valid until the completion of the work under the Agreement.
7.2 Acceptance of this Agreement is considered to be the moment of payment for the services ordered and agreed with the Contractor.