License agreement for the right to build
г. Moscow. Revision No. 0206/11, effective as of October 21, 2016.
This Agreement is developed per the provisions of the Federal Law "On Architectural Activities in the Russian Federation" and the Civil Code of the Russian Federation.
Definition: "Plan" - the project of the architectural object, the rights to build on which he acquires, selected by the Buyer by the numbering specified in the open sources of IE "Mizov P.V.."
Definition: "License" - the document confirming the Buyer's right to build on the Project on a single occasion.
Definition: "Design Documents" - the complete set of drawings or only the architectural and construction drawings of the Project required by the Purchaser to exercise the right to build once on the Project.
The publication of this Agreement at https://eplan.house/publichnaya-oferta (hereinafter referred to as IE "Mizov P.V." public sources) is recognized as a public offer. It expresses the will of IE "Mizov P.V." to enter into this Agreement with any interested person, APPLICABLE for the Right to One-Time Construction by paying the current price of this Agreement and does NOT REQUIRE to be signed by the PARTIES.
This Agreement following Art. 434 of the Civil Code of the Russian Federation at the request of either party may be concluded by a single document signed by the parties, as well as by the exchange of documents by mail, telephone, electronic or other communication.
The present Agreement is concluded between "Parties": IE "P.V. Mizov" as "Seller," the author of the Project, who has the exclusive rights to the Project as "Developer" and any natural or legal person, who has paid the Seller the current price of the present Agreement as "Buyer," that is confirmed by the receipt, statement of account or other documents, testifying to the payment made.
This Agreement enters into force upon receipt of funds to the Seller's settlement account or cashier's desk. In case the funds in the amount of less than the current price of this Agreement are credited to the settlement account or the cash desk of the Seller, this Agreement shall be deemed concluded, and the Seller shall suspend its obligation specified in clause 4.2.1 until the current price of this Agreement is paid in full.
I. Subject of the Agreement
1.1 The Buyer for the current price of this Agreement paid in advance to the Seller acquires the right to construct the architectural object under the Project and shall exercise that right to the extent outlined in this Agreement.
1.2 The Seller's right to construct is granted to the Buyer by granting a Single Construction License. To exercise the right specified in this clause, the Seller transfers to the Buyer a set of design documentation for constructing the architectural object (the exercise of the right to construction) on paper or electronically in PDF format.
1.3 At the Customer's request, the design presented on the site "What House" can be amended following the Customer's wishes, submitted by him electronically or in paper form. The term for making changes depends on the complexity and scope of the changes and is negotiated Additionally, by signing the Terms of Reference for changes.
1.4 PDF and amended projects can not be returned.
II. Requirements for the Plans
2.1 The Developer warrants to the Buyer that the Plan conforms to applicable federal requirements and standards in terms of architectural content, form, and completeness (composition of design documents) and may be used for the construction of the architectural object without any technical restrictions, except as specifically stated in the accompanying design documents.
The project does not take into account specific requirements due to local characteristics, which may be imposed on new construction by local authorities by their competence arising from the Urban Planning Code of the Russian Federation.
2.2 The Developer ensures that the Project contains indications arising from the content of the architectural solutions on the limitations of construction in special conditions (seismic zone, permafrost zone, and others), as well as necessary provisions on landscape conditions and categories of soils suitable for the exercise of the right to construction.
2.3 The right for construction at the time of this Agreement is not the object of exclusive property rights of third parties or the subject of legal proceedings. Its disposal is not restricted on any other grounds. The Seller acquired this right under the contract with the Developer.
2.4 The Developer of the Project has the necessary licenses per the legislation of the Russian Federation in the field of architectural activities for design and engineering surveys for construction.
III. Restrictions on Use of the Project and the Construction Right
3.1 The Purchaser shall not:
(a) reproduce (copy), provide or transfer the Design Documents, except to make copies thereof for furnishing to the construction company, foreman, and others for one-time construction of an architectural object (building, structure, complex of buildings and structures, landscaping facilities) directly for the Purchaser or a third party legally represented by the Purchaser;
b) distribute copies of the design documentation, except in the case specified in the previous subparagraph;
c) modify, supplement, or revise the design documents without the Developer or the Seller's written consent. The Buyer shall be entitled to make only such changes and additions to the design documentation as are expressly permitted by the accompanying documentation and are aimed at adapting the architectural solutions of the Project to the conditions of the terrain on which the Right of Way is exercised;
d) use the Project Documentation for construction purposes (the Right to Construct) more than once in the absence of an additional License.
3.2 The Buyer acknowledges that his failure to comply with clause 3.1 of this Agreement is a violation of the Developer's copyrights, the Seller's exclusive rights, and entails the liability provided for by the Russian Federation's legislation Agreement. ATTENTION: Attribution of authorship on the project, illegal use of the project, construction on it, and the purchase of the project documentation for sale entail criminal responsibility per Art—146 of the Criminal Code.
IV. Rights and Obligations of the Parties
4.1. the Buyer undertakes the following obligations:
4.1.1 Transfer to the Seller's settlement account the current price of this Agreement by payment order, bank or postal transfer or in the Seller's cash office to one of the addresses published in public sources of IE "Mizov P.V.," with the obligatory indication of the Project number and the following information about himself or the person in whose interests the Right to construction is acquired:
- if the Buyer is an individual: full surname, first name and patronymic, residence registration address, and contact telephone numbers;
- if the Buyer is a legal entity: company name, legal and actual address, contact telephone numbers.
ATTENTION: The Seller sends the license, project documentation, and other documents in such a way that they can be received only by an individual whose surname, name, patronymic, and address were specified in the payment order, postal or bank transfer, upon presentation of a passport or by his authorized person based on a notarized power of attorney or an individual based on a power of attorney of a legal entity, whose legal and actual addresses were specified in the payment order, postal or bank transfer.
4.2 Seller assumes the following obligations:
4.2.1 Send to the Purchaser's designated to address a basic One-Time Construction License containing a Project Warranty Statement setting forth the Developer's responsibility for the failure of the Project to meet the requirements outlined in Paragraphs. 2.1-2.4 of this Agreement, the Project documentation, which in any case may not exceed 30 days from the date of crediting the price of the Project to the Seller's settlement account. In this case, the documents specified in this paragraph shall be sent to the Buyer by using the services of the Russian state postal service.
Payment for the services of the Russian State Post shall be included in the price of this Agreement. At Buyer's specific request and for a separate fee agreed in advance and remitted to Seller, Seller sends the Buyer the documents specified in paragraph 4.2.1. hereof through any non-state mail delivery service selected by Buyer. Suppose the Buyer applies directly to the Seller at one of the addresses published in the open sources of IE P.V. Mizov, the documents specified in clause 4.2.1. of this Agreement may be provided to the Buyer by hand under the delivery-acceptance certificate, which does not reduce the current price of this Agreement. The Seller shall not be liable for any delay in performance of the obligation specified in this paragraph caused by the actions of the Russian state postal service or other non-state mail delivery service.
4.2.2 Within one year of acquiring the right to construct the Project, provide the Buyer with prompt information about all changes and additions to the Project acquired by the Buyer,
4.2.2. within one year of acquiring the right to construct the Project, inform the Purchaser promptly of all changes and additions to the Project acquired by the Purchaser.
4.3 The Developer's obligations under this Agreement shall derive from the Developer's agreement with the Seller. The terms of this Agreement are agreed to as standard and from the Seller's certified Single Construction License containing the Project Assurance Statement provided to the Buyer. Developer shall:
4.3.1 Within one year from the date of receipt of the documents specified in Section 4.2.1. of this Agreement by Buyer or the date on which the documents specified in Section 4.2.1. this Agreement should have been but was not received by the Buyer through no fault of the Seller or the postal organization (mail delivery service), to provide free of charge, upon written request of the Buyer and authorized governmental authorities, written explanations of the technical, design, architectural and other solutions contained in the Project, as well as the appropriate additions and modifications to the Project, which are necessary and sufficient to bring the Project Documents into compliance with the requirements outlined in Sections 2.1 and 2.2 above. 2.1 and 2.2 of this AGREEMENT, approval of the Project by the Architectural and Urban Planning Authorities, and obtaining a construction permit.
The Developer shall provide the above explanations, additions, and amendments to the Project to the extent that they meet the requirements of clauses 2.1. 2.1 and 2.2 of this Agreement, and within a reasonable time, which in any case shall not exceed 30 days from the date of receipt of a written request sent to him.
V. Price of the Agreement and settlement
5.1 The current price of this Agreement is equal to the sum of the values:
- The principal Single Construction License, which includes a set of design documents (in the options of a complete set of drawings or architectural and construction drawings only);
- additional Licenses for the right of single-time construction.
If the Buyer is a legal entity or individual entrepreneur, the Seller has the right to issue an invoice specifying the due date of the current price and the number of the Project selected by the Buyer.
5.3 In case of changes in the Project, the Buyer shall pay the contractual price of the Project before the start of work in the amount of 100% of the Project cost and the cost of changes.
VI. Responsibilities of the Parties
6.1 If the Project does not meet the requirements set out in clauses 2.1 - 2.4 of this Agreement to the extent that they prevent the Purchaser from exercising the Construction Right and cannot be eliminated by the Developer within the time limits specified in clauses 2.1 - 2.4 of this Agreement. 2.1.-2.4 of this Agreement to the extent that they prevent the Purchaser from exercising the Right to Construct and cannot be eliminated by the Developer within the time limits specified in Sections 4.3.1 of this Agreement, the Developer shall compensate to the Purchaser the full amount of the losses incurred.
Violation by the Buyer of sub-clause "c" of clause 3.1 of this Agreement shall release the Developer from liability under this clause. 6.2.
6.2 In the event of failure to comply with the obligation set out in clause 4.2.1 of this Agreement, and the Developer shall be released from liability under this clause. 4.2.1. hereof, the Seller shall pay the Buyer a penalty at the rate of 1% of the current price of the selected Project for each day of delay in performance, but not more than 10%.
6.3 In the event of failure to perform the obligation outlined in clause 4.3.1. 4.3.1. hereof, the Developer shall compensate the Buyer the losses incurred by the Buyer in full and shall also pay the Buyer a penalty at the rate of 1% of this Agreement's current price for each day of delay in performance.
6.4 In case of violation of the restrictions on the use of the Project and the Construction Right (clause 3.1. ), the Buyer shall pay to both the Seller and the Developer a penalty at the rate of 20 times the price of this Agreement for each instance of violation, and shall immediately cease actions that violate the Developer's copyright and the Seller's exclusive proprietary rights and take actions to restore the violated rights (at their expense remove from circulation and destroy illegal copies of the Project, stop the illegal implementation of the Project for construction purposes, notify third parties about the unlawfulness of any violation of the Project's copyright and exclusive proprietary rights).
6.5 The Seller and the Developer shall not be liable for any damages caused to the Purchaser due to deviation from the instructions or improper application of the architectural, construction, or engineering documents of the Plan.
VII. Duration of this Agreement
7.1 The construction right granted under the underlying License or additional Licenses shall terminate upon its single exercise.
7.2 The obligations of the Buyer related to the protection of the Developer's copyrights, specified in Clause 3.1 of this Agreement, are valid for the period specified in Article 27 of the Federal Law "On Copyrights and Related Rights."
VIII. Other terms and conditions of this Agreement
8.1 This Agreement shall be valid in the version published in the latest public source IP "Mizov P.V.," issued on the eve of the Buyer's payment for the right to build on the selected project.
8.2 Within the period stipulated in clause 4.3.1 of this Agreement, the Buyer may, for an additional fee, purchase from the Seller additional Licenses for the right of one-time construction sets of documentation of the Project. If additional Single-Time Construction Licenses are purchased, the terms specified in clause 4.2.2. 4.2.2, 4.3.1. hereof shall not be extended.
8.3 The additional documents specified in clause 8.2 of this Agreement shall be provided to the Buyer at the time and in the manner specified in clause 4.2.1 of this Agreement for the advance payment made and credited to the settlement account or the cash desk of the Seller by clause 4.1.1 of this Agreement.
8.4 The right of construction acquired by the Buyer under this Agreement cannot be returned to the Seller.
The Buyer shall be entitled to a single replacement of the documents specified in clause 4.2.1. hereof, subject to the preservation (integrity) of the Seller's labeled packaging within 30 days of their receipt. In the case of the said replacement, the current price shall be recalculated under the provisions set forth herein.
8.5 The issues not regulated by this Agreement shall be resolved by the current legislation of the Russian Federation.
8.6. In support of their claims, the Parties shall be entitled to refer to the text of this Agreement published in the publications specified in clause 8.1. hereof.