Exhibit 10.1
SERVICES AGREEMENT
THIS AGREEMENT is made on August 19, 2015
BETWEEN
1. DNIHLUJIS A PARTNERI (the "Buyer"); and
2. AP EVENT INC. of (the "Service Provider"), collectively referred to as
the "Parties".
RECITALS
The Buyer wishes to be provided with the Services (defined below) by the Service
Provider and the Service Provider agrees to provide the Services to the Buyer on
the terms and conditions of this Agreement.
1. KEY TERMS
1.1 SERVICES
The Service Provider shall provide the following services ("Services") to
the Buyer in accordance with the terms and conditions of this Agreement:
CONCERT TOUR (the "Tour") which includes admission to a music event (the
"Concert"), transfer of the Buyer to the place of the Concert and a leisure
excursion (the "Excursion").
CUSTOM TOUR PACKAGE (the "Custom Tour") includes admission to the Concert,
transfer of the Buyer to the place of the Concert, the Excursion,
accommodation (the "Accommodation") and catering.
1.2 DELIVERY OF THE SERVICES
a. START DATE: The Service Provider shall commence the provision of the
Services on the date which is scheduled for the Tour.
September 11, 2015
b. COMPLETION DATE: The Service Provider shall complete the Services upon
the end of the Tour ("Completion Date").
September 15, 2015
c. KEY DATES: The Service Provider agrees to provide the following parts
of the Services at the specific dates set out below:
THE CONCERT: LOLLAPALOOZA FESTIVAL BERLIN 2015 (GERMANY)
September 12, 2015 - September 13, 2015
The Excursion
September 14, 2015
1.3 PRICE
d. As consideration for the provision of the Services by the Service
Provider, the price for the provision of the Services is $3,000 (three
thousand US dollars) ("Price").
1.4 PAYMENT
e. The Buyer agrees to pay the Price to the Service Provider and agrees
to complete the Payment (not later than the one week before the Tour).
f. The method of payment of the Price by the Buyer to the Service
Provider shall be by:
i. check sent to the following address:
Husovo Namisti 7, Okres, Praha - Zapad, Eeska Republika, 25301.
ii. wire transfer to the Service Provider's bank account.
g. Any charges payable under this Agreement are exclusive of any
applicable taxes, tariff surcharges or other like amounts assessed by
any governmental entity arising as a result of the provision of the
Services by the Service Provider to the Buyer under this Agreement and
such shall be payable by the Buyer to the Service Provider in addition
to all other charges payable hereunder.
2. GENERAL TERMS
2.1 WARRANTY
a. The Service Provider represents and warrants that:
i. it will perform the Services with reasonable care and skill; and
ii. the Services provided by the Service Provider to the Buyer under
this Agreement will not infringe or violate any intellectual
property rights or other right of any third party.
2.2 LIMITATION OF LIABILITY
b. Subject to the Buyer's obligation to pay the Price to the Service
Provider, either party's liability in contract, tort or otherwise
(including negligence) arising directly out of or in connection with
this Agreement or the performance or observance of its obligations
under this Agreement and every applicable part of it shall be limited
in aggregate to the Price.
c. To the extent it is lawful to exclude the following heads of loss and
subject to the Buyer's obligation to pay the Price, in no event shall
either party be liable for any loss of profits, goodwill, loss of
business, loss of data or any other indirect or consequential loss or
damage whatsoever.
d. Nothing in this Clause 2.3 will serve to limit or exclude either
Party's liability for death or personal injury arising from its own
negligence.
2.3 TERM AND TERMINATION
e. This Agreement shall be effective on the date hereof and shall
continue until the Completion Date.
f. Either Party may terminate this Agreement upon notice in writing if:
i. the other is in breach of any material obligation contained in
this Agreement, which is not remedied (if the same is capable of
being remedied) within 10 days of written notice from the other
Party so to do; or
ii. a voluntary arrangement is approved, a bankruptcy or an
administration order is made or a receiver or administrative
receiver is appointed over any of the other Party's assets or an
undertaking or a resolution or petition to wind up the other
Party is passed or presented (other than for the purposes of
amalgamation or reconstruction) or any analogous procedure in the
country of incorporation of either party or if any circumstances
arise which entitle the Court or a creditor to appoint a
receiver, administrative receiver or administrator or to present
a winding-up petition or make a winding-up order in respect of
the other Party.
g. Any termination of this Agreement (howsoever occasioned) shall not
affect any accrued rights or liabilities of either Party nor shall it
affect the coming into force or the continuance in force of any
provision hereof which is expressly or by implication intended to come
into or continue in force on or after such termination.
2
2.4 RELATIONSHIP OF THE PARTIES
The Parties acknowledge and agree that the Services performed by the
Service Provider, its employees, agents or sub-contractors shall be as
an independent contractor and that nothing in this Agreement shall be
deemed to constitute a partnership, joint venture, agency relationship
or otherwise between the parties.
2.5 CONFIDENTIALITY
Neither Party will use, copy, adapt, alter or part with possession of
any information of the other which is disclosed or otherwise comes
into its possession under or in relation to this Agreement and which
is of a confidential nature. This obligation will not apply to
information which the recipient can prove was in its possession at the
date it was received or obtained or which the recipient obtains from
some other person with good legal title to it or which is in or comes
into the public domain otherwise than through the default or
negligence of the recipient or which is independently developed by or
for the recipient.
2.6 NOTICES
Any notice which may be given by a Party under this Agreement shall be
deemed to have been duly delivered if delivered by hand, first class
post, facsimile transmission or electronic mail to the address of the
other Party as specified in this Agreement or any other address
notified in writing to the other Party. Subject to any applicable
local law provisions to the contrary, any such communication shall be
deemed to have been made to the other Party, if delivered by:
i. first class post, 2 days from the date of posting;
ii. hand or by facsimile transmission, on the date of such delivery
or transmission; and
iii. electronic mail, when the Party sending such communication
receives confirmation of such delivery by electronic mail.
2.7 MISCELLANEOUS
h. The failure of the Buyer to enforce its rights under this Agreement at
the time agreed under the Agreement shall be construed as a waiver of
such rights unless with the accordance with Clause 2.7 (n)
i. If any part, term or provision of this Agreement is held to be illegal
or unenforceable neither the validity or enforceability of the
remainder of this Agreement shall be affected.
j. Neither Party shall assign or transfer all or any part of its rights
under this Agreement without the consent of the other Party.
k. This Agreement may not be amended for any other reason without the
prior written agreement of both Parties.
l. This Agreement constitutes the entire understanding between the
Parties relating to the subject matter hereof unless any
representation or warranty made about this Agreement was made
fraudulently and, save as may be expressly referred to or referenced
herein, supersedes all prior representations, writings, negotiations
or understandings with respect hereto.
m. Neither Party shall be liable for failure to perform or delay in
performing any obligation under this Agreement if the failure or delay
is caused by any circumstances beyond its reasonable control,
including but not limited to acts of god, war, civil commotion or
industrial dispute. If such delay or failure continues for at least 7
days, the Party not affected by such delay or failure shall be
entitled to terminate this Agreement by notice in writing to the
other.
n. This Clause 2.7(n) and Clauses 2.2, 2.4, 2.5, 2.6 and 2.7 of this
Agreement shall survive any termination or expiration.
AS WITNESS the hands of the Parties hereto or their duly authorised
representatives the day and year first above written.
SERVICE PROVIDER BUYER
AP EVENT INC. DNIHLUJIS A PARTNERI
BY: /s/ August Petrov BY: /s/ Vaclav Novak
----------------------------- -----------------------------
President CEO
3