Universal contract for the provision of services. Essential terms of the service agreement

Consequently, unless otherwise follows from the contract for the provision of paid services and the essence of the relationship, the customer is obliged to pay the contractor the agreed price after the counterparty has properly fulfilled the obligations stipulated by the contract (that is, after the provision of services). The contractor has the right to require the customer to pay an advance or a deposit only in cases and in the amount specified in the law or contract (clause 2 of Article 711 of the Civil Code of the Russian Federation). In other cases, the customer’s failure to fulfill the obligation to pay the advance grants the contractor the rights provided for in paragraph 2 of Art. 328 Civil Code of the Russian Federation. Clause 2 of Art. 781 of the Civil Code of the Russian Federation stipulates that in the event of impossibility of performance due to the fault of the customer, services are subject to payment in full (decrees of the AS Northwestern district dated 05/13/2016 N F07-2670/16, AS of the Moscow District dated 03/09/2016 N F05-1612/16).

Contract for services

The Customer pays for the Services in the following order (select the required one/it is possible to establish a different payment procedure): part of the cost of the Services in the amount of () rubles, including VAT () rubles, the Customer pays before the Contractor begins to provide services (advance payment), the remaining part the cost of Services in the amount of () rub., including VAT () rub., the Customer pays within days after the Parties sign the Acceptance Certificate for the services provided. 3.3. All payments under the Agreement are made non-cash by transfer Money to the account specified by the Contractor. The Customer's payment obligations are considered fulfilled on the date of crediting funds to the correspondent account of the Contractor's bank.

What mistakes are made most often when formulating the settlement procedure 4. Responsibility of the parties 4.1. For violation of the terms of provision of Services (clause.

Agreement for the provision of services: conditions, procedure for conclusion and termination

The party to the obligations assumed. 5.3.3. To change the volume of services and amounts under this Agreement, upward or downward, having previously agreed with the other Party, in this case an additional agreement to this Agreement is drawn up and signed, which is an integral part of this Agreement. 6. Responsibility of the Parties under this Agreement 6.1. The Parties are responsible for failure to fulfill obligations under this Agreement in accordance with current legislation Russian Federation. 6.2. In case of untimely provision of services due to one’s own fault, provided for in Appendix No. 1 of this Agreement, the Contractor shall pay the Customer a penalty in the amount of 0.01% of the cost of the unprovided volume of services, starting from the 3 (third) day of delay, but not more than 5 (five) % of the amount of this Agreement, in accordance with clause 2 of this Agreement.

The rights and obligations of the parties in the provision of consumer services are regulated by the law “On the Protection of Consumer Rights”, as well as the rules of consumer services for the population. In most cases, an agreement for the provision of services is drawn up in writing, although an oral agreement is also allowed between citizens if the cost of the services does not exceed 10 thousand rubles. As for household services, the contract for their implementation can be drawn up either in a standard form or by filling out a receipt.

Attention

At the same time, it must reflect all the essential terms of the contract. If a household service is performed directly in the presence of the customer, then it is enough for the performer to issue cash receipt or other document confirming payment. The form of a standard contract for the provision of services can be found on our website.

Rules and procedure for payment under a service agreement

Contract for services
Price and calculations contract for paid services
Contract for paid services
Contract for paid services: how to draw up without errors
Payment procedure under the service agreement
Payment procedure under a paid services agreement
Payment procedure in the service agreement

Rules and procedure for payment under a service agreement Reimbursement of expenses - how is their cost reflected in the agreement? In the conditions on the procedure for settlements under a service agreement, a requirement for compensation for the contractor’s expenses may be displayed (clause 2 of Article 709 of the Civil Code).

3. terms of payment for services under this agreement

In case of late payment for the services provided for in this Agreement, the Customer shall pay the Contractor a penalty in the amount of 0.01% of the cost of the unpaid payment amount final settlement, starting from the 3 (third) day of delay, but not more than 5 (five)% of the amount of this Agreement, in accordance with clause 2 of this Agreement. 6.4. Payment of penalties does not relieve the guilty Party from fulfilling its obligations under this Agreement. 6.5. The parties take all measures to fulfill their obligations under this Agreement and bear responsibility for their failure to fulfill them. Liability measures of the Parties not provided for in this Agreement are applied in accordance with the norms of civil legislation in force on the territory of the Russian Federation. Customer () Contractor () 6.6.

Service agreement sample (standard form)

Standard form of contract for the provision of services » » 201 Romashka LLC, hereinafter referred to as the “Customer”, represented by general director, acting on the basis of the Charter, on the one hand, and Odnodnevka LLC, hereinafter referred to as the “Contractor”, represented by the director acting on the basis of the Charter, on the other hand, have concluded this Agreement on the following: What mistakes are made most often in the preamble agreement 1. Subject of the agreement 1.1. The Contractor undertakes to provide the Customer with the services (hereinafter referred to as the Services) named in the List of services provided, which is an integral part of the Agreement (Appendix No. 1), and the Customer undertakes to pay for these Services. 1.2. The Contractor undertakes to provide the Services personally. 1.3. The terms for the provision of Services are defined in the List of services provided (Appendix No. 1).

What mistakes are made most often in the subject of the contract 2. Procedure for delivery and acceptance of services 2.1.
Society with limited liability“IT-Expert” (IT-Expert LLC), hereinafter referred to as the “Contractor”, represented by Director Alexey Nikolaevich Murzin, acting on the basis of the Charter, and (name of the organization) hereinafter referred to as the “Customer”, represented by acting on the basis (position, full name), collectively referred to as the “Parties”, and individually “Parties”, have entered into this Agreement (hereinafter referred to as the “Agreement”) as follows:

Subject of this Agreement

The Contractor undertakes to provide implementation services software(CRM systems), and the Customer accepts and pays for them. The stages and timing of joint (type) actions of the Contractor and the Customer are given in Appendix No. 1, which is an integral part of this Agreement.

Possible payment options under the agreement

Rights of both Parties 5.3.1. Demand that the other Party fulfill its obligations under this Agreement. Payment procedure in a service agreement Such conditions, as a rule, include conditions about who buys necessary materials, the procedure for payment and acceptance of work, guarantees of the quality of work performed, expiration date, documents and accessories. The condition on the price of the services provided is not an essential condition. If there is no such condition in the contract, the price is determined according to the rules of paragraph.

3 tbsp. 424 1 st. 161 Civil Code).

Apply to the contract general provisions on contracts (Articles 702 - 729 of the Civil Code) and provisions on household contracts (Articles 702 - 729 of the Civil Code)

How to draw up a service agreement correctly

Upon provision of the Services, the Contractor submits to the Customer for signing the Acceptance Certificate for Services Rendered (Appendix No. 2) in two copies. 2.2. Within 7 days after receiving the Certificate of Acceptance and Delivery of Services Rendered, the Customer is obliged to sign it and send one copy to the Contractor, or, if there are deficiencies, provide the Contractor with a reasoned refusal to sign it. 2.3. If there are deficiencies, the Contractor undertakes to eliminate them within 14 days from the date of receipt of the relevant claims from the Customer.
2.4. Services are considered provided from the moment the Parties sign the Certificate of Acceptance and Delivery of Services Rendered. 3. Contract price and payment procedure 3.1. total cost Services amount to () rubles, including VAT () rubles. 3.2.
Agreement Contractor and Customer Prepayment under the Contract - 40% Upon payment by the Customer Receipt of payment to the account of the Contractor Customer Installation of a CRM system Within two working days after receiving an advance payment from the Customer, the CRM system is installed and available for use by the Customer's employees Contractor User training (up to 8 people) in the amount of four academic hours Within two working days after installing and configuring the CRM Customer user training was carried out by the Contractor Final payment under the Agreement - 60% Upon payment by the Customer in accordance with clause 3.2 of this Agreement Receipt of payment to the Contractor's bank account Customer Technical support, consulting Within three weeks from the date of signing this Agreement Technical support and consulting Contractor Customer: (Position) (Signature) (Full name) M.P.

Under a service agreement, the contractor undertakes to perform certain actions on the instructions of the customer. And the customer undertakes to pay for the services provided (clause 1 of Article 779 of the Civil Code of the Russian Federation). The list of services forms the subject of the contract, so they should be spelled out in it as specifically as possible.

In addition, in the service agreement it makes sense to indicate (if possible):

the volume of services provided, for example, the number of training hours that the teacher will have to conduct;
the place of provision of services, if the contractor will have to clean the territory, provide security for the premises, etc.;
other characteristics, including the result of services. It is clear that when providing, for example, consulting services there may not be a materialized result. At the same time, the work of an appraiser or auditor, as a rule, ends with a written conclusion, which can be considered a certain result.

If the subject of the contract is not agreed upon, then general rule the contract is considered not concluded. This means that neither party has the right to demand the fulfillment of obligations under it from the other party (clause 1 of Article 432, clause 1 of Article 425 of the Civil Code of the Russian Federation).

Contract for paid services

In the contract for the provision of paid services in mandatory the price is indicated - the monetary expression of the cost of services, as well as the customer’s obligation to pay for the services (Articles 779, 781 of the Civil Code of the Russian Federation). The price in the contract is set at a fixed amount, or the procedure for its calculation is prescribed if the cost of services cannot be determined in advance (before they are provided). The condition for including VAT in the price is also indicated here.

As for payment for services by the customer, in the contract for the provision of services between legal entities must be recorded:

payment procedure (advance payment or after the provision of services) and payment period (calendar date, expiration of a certain number of days calculated from a specified date or event, etc.);
form of payment - by bank transfer, in cash, through counter agreements (clause 2 of article 861, article 862 of the Civil Code of the Russian Federation). Remember that when making cash payments between organizations and/or individual entrepreneurs, you cannot transfer more than 100 thousand rubles. under one agreement (clause 6 of Bank of Russia Directive No. 3073-U dated October 7, 2013).

Contract for paid services: sample

Below is an example of a service agreement. And in the reference and legal system Consultant+ you can find standard contracts for the provision of services various types, for example, a contract for the provision of legal services

Agreement for the provision of free services

The possibility of concluding a contract for the provision of services free of charge is a debatable issue. Some experts believe that such an agreement cannot, in principle, be concluded, since in accordance with the Civil Code of the Russian Federation, the agreement is assumed to be compensated (clause 3 of Article 423, clause 1 of Article 779 of the Civil Code of the Russian Federation). Although in judicial procedure some organizations managed to prove the legality of concluding a gratuitous contract for services.

At the same time, such an agreement can also add trouble to both parties from a tax point of view. After all, when checking the customer’s services, inspectors will probably charge additional income tax as the recipient of non-operating income (Clause 8 of Article 250 of the Tax Code of the Russian Federation), and VAT to the contractor, because there is a free sale (

Essential conditions agreements for the provision of paid services must be complied with.

Without their indication or if the data is filled in incorrectly, problems may arise with the agreement being invalidated.

To prevent this from happening and the transaction to take place, special attention should be paid to the correct drafting of the contract.

This is the only way to protect transaction participants from abuse and fraud.

The Civil Code of the Russian Federation in its article defines a contract for paid services.

Paragraph one of this article states that this is an agreement under which one party, the contractor, is obliged, within the framework of the agreement, to provide certain services in favor of the customer, and the second, in turn, must pay for them.

Clause 2 of Article 779 of the Civil Code of Russia determines the list of possible varieties of such an agreement.

These include transactions for the provision of medical, information, educational and other services.

Form and design

Theoretically, a service agreement can be concluded between the parties orally.

They have the right to agree on the conditions for fulfilling the customer’s tasks, timing and payment, etc.

However, this threatens the lack of timely payment for the contractor or poor quality work for the customer.

To avoid problems and disagreements, it is better to draw up a contract for the provision of paid services strictly in writing.

It is signed by the parties, which means they agree to the terms of the transaction.

Documents of this type can be drawn up in simple written form, which means there is no obligation to have them certified by a notary. This can be done if the parties to the transaction are concerned that errors may be made during their own preparation.

The law does not prohibit the involvement of specialists in the case if the parties so desire. However, contacting a notary will make the transaction process more expensive.

Structure and content

The contract usually consists of several clauses and has a special structure. At the very beginning its name is indicated, below is the place and date of its conclusion. After this, the main body of the document contains the following sections: Item. important points its execution.
Validity. This section contains information on the date of entry into force of the agreement and its termination.
Duration of service provision. It is necessary to establish a period within which the contractor must perform the service provided for in the agreement.
Rights and obligations of the parties. The clause must contain all the important obligations of the contractor and the customer in relation to each other. The parties can modify the standard form of the agreement and include in this clause all the parameters that they consider necessary.
Procedure for terminating the agreement. The clause contains the conditions under which the parties can terminate the contract and the consequences of such actions. There may be an exhaustive list of all circumstances the occurrence of which entails termination of the agreement.

The conclusion must include signatures and details of the parties. In addition, the parties to the transaction have the right to independently supplement the text with clauses on dispute resolution and other nuances of the transaction that may arise in the process of cooperation.

Agreement conditions

The basis of any agreement is the conditions that the parties put forward regarding the quality of the service performed and payment for it.

The parties to the transaction have the right to independently determine the conditions that should be stipulated in the contract.

However, there are some of them that should be taken into account and written down in the text of the agreement.

These include:

Put forward for the service provided, including quality requirements, etc.
Conditions for accepting and refusing work completed. However, in case of refusal for reasons beyond the control of the contractor, the customer must reimburse all current costs incurred by the contractor.
Rules and terms of payment, method of transferring money, etc.
Actions of the parties in controversial situations, the procedure for resolving disagreements, etc.

The rule on personal performance of services is established by law in an article of the Civil Code of the Russian Federation. That's why if there are no additional conditions the contract does not provide for this; personal provision of services by the contractor is assumed.

In addition to the subject of the transaction and payment for the work performed, other conditions are considered additional and are negotiated by the parties at their own discretion.

Essential terms of the contract for the provision of paid services

The law provides for conditions without the precise inclusion of which in the text of the contract it cannot be considered valid.

This means that the absence of certain data in the text of the agreement automatically entails its invalidity.

In the case of a contract for the provision of services for a fee, this is the subject of the contract.

It must be clearly described in the text, i.e. It should be clear what kind of service is provided. Payment must also be specified in the text of the document, since the customer undertakes to pay it.

The exact list of essential terms of a contract for the provision of services for a fee is not specified in the law. However, within the meaning of Article 779 of the Civil Code of the Russian Federation, it follows that it is the condition on the subject and payment that are essential.

Common mistakes

Errors sometimes occur in the drafting and interpretation of a contract for the provision of paid services. The most common and dangerous of them is the absence of an essential condition. In the event of a controversial or ambiguous situation, the interested party can take advantage of this fact and challenge the contract in court. This may lead to its invalidation and all corresponding consequences.

In addition, this agreement is often confused in meaning and essence with a work contract.

The first implies the commission of some action in favor of the customer, while the second, despite the initial similarity, implies a different result.

According to the contract agreement, the performer also performs actions, but the results will be a specific object (object), separated from the activity itself.

Contract for paid services. Under a contract for the provision of services for a fee, the contractor undertakes to provide services on the instructions of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
The rules of Chapter 39 of the Civil Code apply to contracts for the provision of communication services, medical, veterinary, auditing, consulting, information services, training services, tourism services and others, with the exception of services provided under contracts provided for in Chapters 37, 38, 40, 41, 44, 45, 46, 47, 49, 51, 53 of the Civil Code.

Unless otherwise provided by the contract for the provision of paid services, the contractor is obliged to provide the services personally.

The customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.

In case of impossibility of performance due to the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of paid services.

In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of paid services.

The customer has the right to refuse to fulfill the contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him.

The Contractor has the right to refuse to fulfill obligations under a contract for the provision of paid services only if full refund losses to the customer.

General provisions on contracts (Articles 702 - 729 of the Civil Code) and provisions on domestic contracts (Articles 730 - 739 of the Civil Code) apply to an agreement for the provision of services for a fee, unless this contradicts Articles 779 - 782 of the Civil Code, as well as the specifics of the subject of the agreement for the provision of services for a fee.

Limited Liability Company "Phantom", hereinafter referred to as the "Customer", represented by Director Nikolay Aleksandrovich Verevkin, acting on the basis of the Charter, on the one hand, and Individual entrepreneur Fedichkin A.V., hereinafter referred to as the “Contractor”, represented by Andrey Vladimirovich Fedichkin, acting on the basis of the Certificate, on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes on our own provide services for participation in production process, management and performance of other functions at the Customer’s request, on the territory of the Customer’s enterprise located at the address: Moscow, st. Olkhovskaya, 11.
1.2. The Customer undertakes to make timely payments for services to the Contractor.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The performer has the right:
2.1.1. Gain access to the Customer’s internal local regulations, technical documentation, as well as other sources of information regarding the safety of the facility.
2.1.2. Has the right to change the price for the services provided, but no more than once during a calendar year.
2.2. The Contractor undertakes:
2.2.1. Within the agreed time frame, carry out the Customer’s instructions provided for in this agreement.
2.2.2. At the written request of the Customer, conduct an inspection of the facilities, followed by drawing up an act that reflects proposals for technical strengthening, use technical means, I mean, required quantity posts and number of guards at the facility.
2.2.3. Provide, upon written requests from the Customer, consultation and preparation of recommendations on issues of ensuring the safety of the Customer’s facilities.
2.2.4. Provide assistance in maintaining the premises against fire safety subject to the Customer's implementation of fire-fighting measures and provision of primary fire extinguishing means.
2.2.6. Activities specified in paragraphs 2.2.2; 2.2.3., carried out for an additional fee.
2.3. The customer has the right:
2.3.1. Make proposals to improve the quality of services provided by the Contractor.
equipment necessary for the Contractor to fulfill its obligations.
2.4.3. Install on site in certain places serviceable primary fire extinguishing means, carry out preventive actions on fire safety.
2.4.4. Provide lighting to the enterprise area.
2.4.5. Require from your employees, as well as from clients, visitors and partners, compliance with fire safety measures on the territory of the enterprise.
2.4.6. Timely pay for the Contractor's services under this agreement.
2.4.7. Notify the Contractor in writing within 2 (Two) working days about the change of manager, as well as other persons responsible for contractual relations, with confirmation of their powers (orders, powers of attorney, instructions), change of details of the enterprise with sending documents confirming these changes, to Contractor's address.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The cost of the Contractor's services under this Agreement is 103,960 (One hundred three thousand nine hundred sixty) rubles 00 kopecks per month.
3.2. Payment for the Contractor's services is made by transferring funds to the Contractor's bank account in the following order:
— advance payment (prepayment) of at least 60% of the amount paid for the Contractor’s services for the previous month before the 05th day of the current month based on the invoice,
- final payment - by the 10th day of the month following the reporting month.
3.3 The Customer is obliged to review the submitted act within 3 working days, sign it, certify it with a seal, and return one copy to the Contractor. If there are any comments on the services provided, the Customer returns the report with a reasoned refusal in writing within the period specified above. If the act is not received by the Contractor within the agreed period, the services are considered accepted by the Customer according to the act without comments.
3.4. If the conditions determining the cost of services change, the Contractor notifies the Customer in writing 10 days in advance and provides a new calculation for consideration by the Customer.
An agreement on changes in the cost of services is drawn up by signing by the Parties to the Agreement additional agreement to the Agreement without re-registration of the Agreement.
3.5. In case of failure to receive funds to the Contractor's current account within the time limits specified in clause 3.2. of this Agreement, the Contractor has the right to unilaterally suspend this Agreement by notifying the Customer in writing 1 day before the expected suspension of the provision of services.
3.6. In case of failure to repay the debt for payment for the Contractor's services within one month from the date of suspension of this Agreement, the Contractor has the right to unilaterally terminate the Contract without additional warning to the Customer.
3.7. The day the Customer fulfills its obligations to pay for the Contractor’s services is considered the day the funds are received into the latter’s current account.

4. RESPONSIBILITY OF THE PARTIES

4.1. For failure to comply or improper execution obligations under this agreement, the parties bear responsibility in accordance with the current legislation of the Russian Federation.
4.2. For each day of delay in payment for personnel services, a penalty of 0.1% of the debt amount is incurred. The accrual of penalties is based on the sending of a written claim by the Contractor to the Customer and the Customer’s written confirmation of its acceptance. Penalties are calculated from the date of written confirmation of acceptance of the claim by the Customer.
4.3 In case of improper fulfillment or non-fulfillment of the terms of this agreement, the Contractor shall be financially liable for damage caused to the Customer.
4.4. The facts of causing damage are established by the bodies of inquiry, investigation, and court in the manner prescribed by current legislation.
The guilt of the Contractor is established by a bilateral commission consisting of representatives of the Customer and the Contractor; in the event of disputes regarding the guilt of the Contractor that cannot be resolved by the said commission, the dispute is referred to the court.
The amount of damage is confirmed by relevant documents drawn up with the participation of the Contractor. In the event of a discrepancy between the amount of damage established by the Customer and the amount of damage established by the court, the damage established by the court is subject to compensation.
Compensation for damage is made after the drawing up of a bilateral act, or a verdict, decision, ruling or court order that has entered into legal force.
4.5. The amount of damage not disputed by the parties is reimbursed within 30 days after the Customer provides the Contractor with complete package required documents.
4.6. The performer is released from financial liability:
— for damage caused due to the fault of the Customer’s employees during their performance labor responsibilities;
— for theft of personal property of the Customer’s employees;
— for theft from sealed, sealed or locked premises without breaking seals, seals, doors and locks and other obvious signs of entry into the Customer’s premises;
- for damage caused by fire, fire, explosion, riots, or other natural disasters.

5. ACTS OF FORCE MAJEURE

5.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement, if this failure was a consequence of force majeure circumstances that arose after the conclusion of the agreement as a result of extraordinary events, the occurrence of which the party that failed to fulfill the obligation in whole or in part could neither foresee nor prevented by reasonable methods.
In this case, the fulfillment of obligations under the contract is postponed for the duration of force majeure circumstances.
5.2. Upon the occurrence of those specified in clause 5.1. circumstances, the party for whom it is impossible to fulfill its obligations under this agreement must, in the shortest possible time notify the other party about them in writing, attaching relevant evidence, but in any case no later than 10 days after they began.

6. PRIVACY

6.1. The terms of this agreement and agreements (protocols, etc.) thereto are confidential and not subject to disclosure.
6.2. All parties accept necessary measures to ensure that their employees, without the prior consent of the other party, do not inform third parties about the details of this agreement and its annexes.

7. TERM AND OTHER CONDITIONS OF THE AGREEMENT

7.1. This agreement comes into force from 09.00 on June 1, 20__. and is valid for 1 (one) year.
7.2. The terms of the agreement and its annexes may be changed by agreement of the parties. Changes and additions made are reviewed within two weeks.
7.3. The cost of providing services under this agreement is subject to annual indexation taking into account the growth rate of inflation in the Russian Federation.
7.3. Each party has the right to terminate this Agreement at any time and notifies the other party of its intention 30 (thirty) days in advance. written notice about termination of the contract. During this period, the parties fulfill their obligations under this Agreement.
7.4. If 15 days before the expiration of this Agreement the parties did not notify in writing of the termination of this Agreement, then it is considered extended for each subsequent calendar year on the same conditions. In accordance with the procedure established by this paragraph, this Agreement may be extended an unlimited number of times.
7.5. All disputes between the parties under this agreement and in connection with it, on which the parties cannot reach an agreement mutual consent, are resolved in the Arbitration Court of the Moscow Region.
7.6. This Agreement is drawn up in two copies, each of which has equal legal force, one for each of the parties.

8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
________________________
________________________

Provision of services, compared to other types entrepreneurial activity, has the significant difference that after the fulfillment of all obligations of the parties there is no material result.

Therefore, firstly, mandatory written confirmation of the transaction is necessary, and secondly, the contract for the provision of services must contain an extremely detailed description of the subject of the contract.

That is, such an agreement is concluded in cases where one of the parties assumes obligations to fulfill certain work in the agreed volume and within the specified time frame, usually on a paid basis. Although this type of contract is possible with non-profit organization free of charge.

Legislative regulation

The procedure for registration and execution is regulated Civil Code RF (Chapter 39), as well as regulations corresponding to a specific type of activity.

Design rules

The contract is drawn up in simple writing, however, if the transaction amount is less than 10, it is permissible to conclude an oral agreement and not draw it up in paper form. The number of copies is made according to the number of parties to the contract, that is, as a rule, two.

Shelf life the contract is the period of its validity plus the term limitation period, unless other storage conditions are provided for by the organization’s internal document flow regulations.

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Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it has become!

Contract structure

The standard form implies the presence mandatory items contracts, such as:

Parties - in in this case performer and customer;
Subject of the agreement – description of the service;
Amount and procedure of payment;
Validity period, timing of the service;
Rights and obligations of the parties;
Responsibility of the parties;
Settlement of disputes;
Termination terms and conditions.

Additionally, it is necessary to take into account that this type of contract is personal, that is, the service must be provided by the person who acts as the performer under the contract. If it is intended to delegate all or part of the work to third parties, this fact must be stipulated separately in the contract.

Also requires special attention financial side question, namely, the presence of an advance payment, the timing of its payment, the method of payment, the details for the transfer. If the service will be provided in cash, it is necessary to think in advance about how to confirm the transfer of funds.

One of the most important conditions the contract is description of the final result of the work and criteria for the quality of its implementation, as well as the method of confirmation by the customer of acceptance of the work.

If, after signing the contract, new circumstances arise that require additional conditions to be reflected in the contract, this can be done by signing in the same form as the main contract.

Essential terms of the agreement

In order to this document had legal force, its text must contain conditions essential for this type of contract. Conditions are considered essential if their presence is mandatory in any type of contract.

For the provision of services, such a condition is subject of the contract. Since, in addition to the Civil Code of the Russian Federation individual species services are additionally regulated by regulations and federal laws; they may also contain requirements for the presence of additional essential conditions, therefore, for each type of activity this point must be clarified separately.

Features of concluding these types of contracts

The legislation does not prohibit individuals from providing paid services, including by concluding a written agreement. The legal status of the performer does not affect the specific terms of the contract, however, it is necessary to remember, that when making a profit from the provision of services, an obligation to pay arises, which the contractor must himself calculate, include in and pay to the budget.

In the text of the contract in this case must necessarily be contained clause "Acts as individual" This note is made after the name of the performer in the place where the basis for the activity should be indicated.

In cases where an individual is a customer, the service will be considered household. Then, in addition to the general legal framework the contract will also be regulated by the Law on the Protection of Consumer Rights and the Rules of Consumer Services.

The need to draw up an Act on the provision of services is described in the following video tutorial:

Types of services provided under the contract

Subject to the mandatory availability of the above standard clauses and conditions, the agreement for specific types services have their own distinctive features.

Transport services usually means on behalf of the customer at his expense. Since the customer transfers property for transportation, the contract must contain clause on the carrier’s responsibility for the safety of the entrusted property. When transporting large quantities or especially valuable cargo, the contract may contain a provision for compulsory insurance. Confirmation of execution is .

Provision of advertising services additionally regulated Federal law“On Advertising”, therefore the contract usually contains a clause stating that the contractor undertakes to draw up all the necessary permits from government authorities, and also assumes control over compliance with the legal requirements established for this type of service.

Rendering medical services It has direct impact for health and physical state the customer, therefore the contractor’s responsibility for causing harm to life and health must be spelled out in particular detail. Among other things, the contractor is responsible for maintaining the confidentiality of information about the customer’s health status, which must also be stated in the contract. The conditions for providing confidential information to third parties are negotiated separately.

Since diagnostic and treatment procedures are individual and highly specialized, the course of treatment cannot be fully specified in the contract. Therefore, the procedure or reference to the regulations may be contained in the contract as an appendix.

Agreement providing must additionally contain the scope of work and deadlines. Since there are often cases of providing the contractor with access to the customer’s residential and commercial premises, often in his absence, it is necessary to additionally provide for responsibility for the safety of property and valuables.

Legal services imply carrying out actions on behalf of the customer in his interests. When concluding an agreement for the provision of legal services, it is necessary to take into account that one of the parties to the agreement will be professional lawyer, who, in most cases, is responsible for drawing up this agreement. With a high degree of probability, it can be assumed that the interests of the lawyer under the contract will be maximally protected, so the customer should pay attention to the observance of his rights and legitimate interests. In many cases, when concluding an agreement, a power of attorney is required to conduct business on behalf of the customer, receive property and funds.

Agreement for rendering educational services can be two- or three-way, that is, between the performer and the customer or between the performer, the customer and the student. If the service is provided for a fee, it is necessary to indicate the duration of training and the periods for which payment is made. In most cases, the cost of one period of training is not fixed and may increase or decrease depending on the terms of the contract. Since training expenses are the basis for receiving, the agreement must initially be concluded with the person who intends to receive a tax refund. A mandatory annex to the contract must be a curriculum or a list of subjects to be studied.

Providing hotel services often involves the involvement of third parties, and since initially the standard contract is personal, the fact of the involvement of third-party employees must be reflected in the contract. In addition, before concluding a contract, the hotel provides for approval a list of services provided and living conditions, including check-in and check-out times, as well as availability additional services. The contract is signed after agreeing on the proposed list.

Consulting services are the most difficult to regulate type for drawing up a contract, since the result is expressed exclusively in an intellectual product (advice, expert opinions, activity analysis, etc.). In this case, it is especially important to specify in detail the requirements for the contractor and the final result of the activity.

The emergence of controversial issues

Since the services provided under this type of contract do not have a materially expressed and measurable result, it is often disputes arise between the parties due to a difference of opinion on what constitutes completed work. Such precedents are possible in cases where the subject of the contract is described in the text in vague terms without specifying specific quality criteria and signs of completion of the work. And also if there are no ways to accept the service provided in the form of an act or other supporting document, which gives the customer the opportunity to deny receipt of the service and refuse payment under the contract.

The best way of resolving such conflicts is to prevent them. This is easy to do if the contract was initially drawn up with the maximum detailed description expected result and method of confirmation.

The features and rules for drawing up contracts for the provision of services are described in this video: