Conditions agreement. Service agreement (general form)

Under a contract for the provision of services for a fee, the contractor undertakes to provide services (perform certain actions or carry out certain activities) on the instructions of the customer, and the customer undertakes to pay for these services.

The paid services agreement is consensual, bilateral and paid.

The subjects of the contract for the provision of services for a fee are the contractor (service provider) and the customer (service recipient). The Civil Code does not contain any special requirements for the subject composition of the obligation to provide services for a fee. However, special rules are established for the provision of certain types of services. Thus, activities for the provision of communication, audit, medical and some other services are subject to mandatory licensing.

Standard contract

SERVICE AGREEMENT

_________________ "___" __________ 20 __

________________________________

(name of organization or full name)

acting on the basis of _____________________________________________, hereinafter referred to as the "Customer", and __________________________________,

(company name or full name)

acting on the basis of _____________________________________________,

(charter, regulations, powers of attorney)

hereinafter referred to as the "Contractor", have concluded this agreement as follows.

1. The Subject of the Agreement

1.1. Under the contract for the provision of services for a fee, the Contractor undertakes to provide the Customer with the services specified in clause 1.2 of this contract, and the Customer undertakes to pay for the ordered services.

1.2. The Contractor undertakes to provide the following services:

__________________________________,

__________________________________,

__________________________________.

hereinafter referred to as the "Services".

1.3. Deadline for completion of work from "__" ______ 20 __ to "__" ______ 20 _ The Contractor has the right to complete the work ahead of schedule.

1.4. Services are considered rendered after the signing of the act of acceptance and delivery of Services by the Customer or his authorized representative.

2. Rights and Obligations of the parties

2.1. The Contractor undertakes:

2.1.1. Provide Services of adequate quality.

2.1.2. Provide Services to in full and within the period specified in clause 1.3. actual agreement.

2.1.3. At the request of the Customer, correct all identified deficiencies free of charge within ____ days.

2.1.4. The contractor is obliged to perform the work personally.

2.2. The customer is obliged:

2.2.1. The customer is obliged to pay for the work at the price specified in clause 3 of this agreement within _____ days from the date of signing the act of acceptance and delivery of the Services.

2.3. The customer has the right:

2.3.1. At any time, check the progress and quality of the work performed by the Contractor, without interfering with its activities.

2.3.2. Refuse to execute the contract at any time before signing the act, paying the Contractor a part set price in proportion to the part of the rendered Services performed prior to receipt of the notice of the Customer's refusal to execute the contract.

3. Contract price and settlement procedure

3.1. The price of this agreement consists of remuneration to the Contractor in the amount of _________ (____________) rubles. And the amount of the Contractor's costs in the amount of _________ (____________) rubles.

3.2. The price of this agreement is: _________________________ rub.

3.3. Payment by the Customer to the Contractor of the price of the contract is carried out by transferring funds to the settlement account of the Contractor specified in this contract.

4. Liability of the parties

4.1. For violation of the term for the provision of the Services specified in clause 1.3 of this agreement, the Contractor pays the Customer a fine in the amount of ___% of the contract amount and a penalty at the rate of ___% of the contract amount for each day of delay.

4.2. Measures of responsibility of the parties not provided for in this agreement are applied in accordance with the rules civil law operating in Russia.

4.3. The payment of the penalty does not release the Contractor from the performance of
obligations or remedy violations.

5. Procedure for resolving disputes

5.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.

5.2. If it is impossible to resolve disputes through negotiations, the parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration in ________________ court.

6. Final provisions

6.1. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. Annexes to this agreement form its integral part.

6.2. This Agreement is made in two copies in Russian. Both copies are identical and have the same power. Each party has one copy of this agreement.

AGREEMENT No. __
real estate lease

"____"____________ G.

Open Joint Stock Company "Stal" represented by CEO Petrov Petr Petrovich, acting on the basis of the Charter, hereinafter referred to as the "Lessor", and
Society with limited liability"Sapphire" represented by Director Ekaterina Ivanovna Ivanova, acting on the basis of the Charter, hereinafter referred to as the "Tenant", on the other hand,
collectively referred to as the "Parties", have entered into an Agreement as follows:

1. Subject and term of the contract

1.1. The Lessor undertakes to provide the Lessee with the following real estate for temporary paid possession and use: non-residential premises No. _____ with a total area of ​​24 sq. m on the first floor of the building located at: 660006, st. 60 years of October, 30 (hereinafter referred to as the Property), to accommodate a beauty salon.
1.2. The transfer of the Property for temporary paid use to the Lessee is formalized by an act of acceptance and transfer (Appendix No. 1 to the Agreement).
1.3. The term of the Agreement is from ________________ to _____________.

2. Rights and Obligations of the parties

2.1. The lessor undertakes:
2.1.1 Transfer the Property to the Lessee for temporary paid use under the act of acceptance and transfer.
2.1.2. Within five working days from the date of conclusion of the Agreement, conclude an agreement with the Tenant for payment of utilities, maintenance, etc. services (hereinafter referred to as the Service Payment Agreement).
2.1.3. In case of accidents that occurred through no fault of the Tenant, provide him with the necessary assistance in eliminating their consequences.
2.1.4. At least one month in advance, notify the Lessee in writing of the need to release and return the Property due to the emergency state of the structures of the Property (its part) or the need for its demolition for urban planning reasons (grounds).
2.1.5. Within thirty days, consider written requests from the Lessee regarding the use of the leased Property, its repair, re-equipment, re-planning, reconstruction, etc.
2.1.6. When the Lessee releases the Property, both in connection with the expiration of the Agreement, and in case of its early termination, accept the Property under the acceptance certificate in the condition in which it was provided to the Lessee, taking into account normal wear and tear and all improvements that are inseparable without harm to property.

2.1.2. The lessor has the right:
2.1.2.1. To freely enter the leased Property for the purpose of its periodic inspection for safety and compliance with the terms of its use in accordance with the Agreement and applicable law.
2.1.2.2. To control the fulfillment by the Tenant of the obligations assumed under the Agreement.

2.2. The tenant undertakes:
2.2.1. Accept property for temporary paid use according to the act of acceptance and transfer. Use the Property solely for intended purpose specified in paragraph 1.1 of the Agreement.
2.2.2. Within ten days from the date of conclusion of the Agreement, conclude an agreement with the Lessor for payment for services for the period specified in clause 1.4. Agreement.
2.2.3. Pay the rent within the period specified in the Agreement.
2.2.4. Monitor normal operation and technical condition engineering and technical communications, security, fire alarm, telephone network, to ensure their safety.
2.2.5. Comply with fire safety and safety regulations, as well as industry rules and regulations in force in relation to the type of activity of the Lessee and the Property.
2.2.6. Avoid littering with household and construction waste courtyards, surrounding areas and common areas.
2.2.7. Immediately notify the Lessor of any damage, accident or other event that could result in the loss (damage) of the Property, and immediately take all possible measures to prevent the threat or further destruction (damage) of the Property.
2.2.8. Do not make hidden and open wiring and laying of communications, redevelopment, re-equipment, reconstruction, etc. Property caused by the needs of the Lessee, without the written permission of the Lessor.
In the event that the Lessor detects unauthorized reconstructions, violation of the integrity of walls, partitions or ceilings, alterations or laying of networks that distort the original appearance of the Property, such must be eliminated by the Lessee, and the Property must be restored to its previous form at the expense of the Lessee within the time period determined by the unilateral instruction of the Lessor.
2.2.9. Conduct at your own expense as needed Maintenance Property with the prior written consent of the Lessor, as well as to take an equity participation (in proportion to the area of ​​the occupied premises) in the repair of the facade of the building, engineering and technical communications carried out by the Lessor. Carry out measures to improve the territory surrounding the building, including cleaning the roof, roofs of buildings and structures from snow and ice. At the same time, these costs are not subject to reimbursement and offset against the rent.
2.2.10. Without the written consent of the Lessor, do not transfer the leased Property for sublease (sublease), do not transfer your rights and obligations under the Agreement to another person (transfer), do not provide the leased Property for gratuitous use, and do not pledge the lease rights and contribution to authorized capital business partnerships and companies.
2.2.11. When changing the name, address or bank details, changing the head, inform the Lessor about this by sending a written notice with a return receipt no later than five calendar days from the date of the relevant changes or change of the head.
2.2.12. Provide representatives of the Lessor with the opportunity to freely enter the leased Property in cases of inspections of its use in accordance with the terms of the Agreement, as well as all necessary documentation related to the subject of the test.
2.2.13. Notify the Lessor in writing about the forthcoming release of the leased Property, both in connection with the expiration of the Agreement, and in case of its early termination, at least thirty calendar days before the expected date of release of the Property.
2.2.14. Upon termination of the Agreement, release the leased Property and return it under the acceptance certificate to the Lessor in the condition in which it was provided to the Lessee, taking into account normal wear and tear and all improvements that are inseparable without harm to the Property.
2.2.15. Release and return to the Lessor the Property in connection with the emergency state of the structures of the Property (its part) or the need for its demolition for urban planning reasons (reasons) within the time limits established authorized bodies. In this case, the Agreement shall be deemed terminated from the date of return of the Property.
2.2.16. Within two months from the date of conclusion of the agreement, carry out at its own expense the state registration of the Agreement with the body that carries out state registration of rights to real estate and transactions with it (if the agreement is concluded for a period of at least a year).

2.3. The tenant has the right:
2.3.1. The Lessee's income received from the use of the Property is the property of the Lessee.

3. Payments and settlements under the contract

3.1. The tenant transfers the rent, including VAT, for each month in advance by the 10th day of the current month in the amount of ___________ rubles per month to the current account ____________________________________, indicating the following data in the payment documents: “Rent under the agreement dated _________ No. _____“.
3.2. The first lease payment is made within ten days from the date of conclusion of the Agreement until the end date of the current month.
3.3. The Lessee's expenses for the maintenance and upkeep of the property are not included in the amount of rent specified in clause 3.2 of the Agreement and are paid by the Lessee on the basis of the relevant agreements.
3.4. The amount of rent may be reviewed unilaterally without the consent of the Lessee no more than once a year. In addition, the amount of the rent cannot be revised downwards. At the same time, the Lessor is obliged to notify the Lessee of the change in the amount of the rent by sending him a written notice with acknowledgment of delivery no later than five calendar days from the date of receipt of the independent appraiser's report on the assessment of the market rental potential of the Property. The new amount of the rent is considered established from the moment specified by the Lessor in the Lessee's notice.
The Lessee shall be deemed to have been duly notified if:
— The Landlord has information about the receipt by the Tenant of a notice of a change in the amount of the rent;
- The tenant refused to receive a notice of a change in the amount of the rent and this refusal is recorded;
- notice of change in the amount of rent, sent to the last location of the Lessee known to the Lessor, was not delivered due to the absence of the Lessee at the specified address, about which the communication authority informed the Lessor.

4. Liability of the parties

4.1. In case of non-fulfillment or improper fulfillment of obligations arising under the Agreement, the Parties are obliged to compensate for the losses incurred in full, including lost profits.
4.2 Payment of penalties and fines established by the Agreement does not relieve the Lessee from fulfilling the obligations assumed under the Agreement and eliminating violations.
4.3. If the Lessee fails to make payments within the terms established by the Agreement, the Lessee shall pay a penalty in the amount of 0.1% of the entire overdue amount of lease payments for each day of delay. The penalty is transferred to the current account specified in clause 3.2 of the Agreement.
4.4. If the Lessee did not return the leased Property or returned it untimely, he is obliged to pay the rent to the current account specified in clause 3.2 of the Agreement for the entire time of delay. The Lessee is also obliged to pay a penalty in the amount of 0.2% of the amount of the monthly rent for each day of delay in returning the Property.
4.5. In case of misuse of the Property or failure to fulfill the obligations established by clause 2.2.10 and (or) clause 2.2.11 of the Agreement, the Lessee is obliged to pay a fine in the amount of 3 times the monthly rent. The fine is subject to transfer to the settlement account specified in clause 3.2 of the Agreement.

5. The procedure for changing (addition) and termination of the contract

5.1. Amendment (addition) of the Agreement, with the exception of the conditions established by clause 3.5 of the Agreement, as well as its termination is possible by agreement of the Parties, which must be executed in writing and signed by the Parties, or in a judicial proceeding.
A proposal to terminate or amend (supplement) the terms of the Agreement shall be sent to the other Party in writing no later than thirty calendar days before the expected date of termination or amendment (supplement) of the terms of the Agreement.
5.2. The Lessor has the right to unilaterally terminate the Agreement by notifying the Tenant at least thirty calendar days before the termination of the Agreement, in the following cases:
a) in case of intentional or negligent deterioration by the Lessee of the condition of the Property, engineering equipment and adjacent territory or failure to fulfill the obligations provided for in clauses 2.2.2, 2.2.3, 2.2.5, 2.2.7, 2.2.8, 2.2.9, 2.2.10, 2.2.11 of the Agreement;
b) in case of non-payment or delay in payment of rent within the terms established by clauses 3.2, 3.3 of the Agreement, for two consecutive months, regardless of its subsequent payment;
c) when using the Property (in whole or in part) not in accordance with the purposes specified in clause 1.1 of the Agreement.
d) the emergency condition of the structures of the Property (its part) or the need for its demolition for urban planning reasons (grounds), which must be confirmed by the appropriate expert opinion.
5.3. If the Agreement belongs to the category of agreements concluded for an indefinite period, the Lessor has the right to cancel the Agreement at any time by notifying the Tenant in writing one month before the termination of the Agreement.
5.4. Termination of the Agreement does not release the Tenant from the obligation to pay rent arrears and to pay a penalty.

6. Other conditions

6.1. The relations of the Parties not regulated by the Agreement shall be subject to the norms of the current legislation.
6.2. The terms of this Agreement shall apply to relations that arose before the conclusion of this Agreement from the date of actual use of the property by the Lessee.
6.3. The Tenant has no right to place advertising on the outside of the building without the consent of the Landlord. In turn, the Lessor has the right to place such advertising without the consent of the Lessee.
6.4. Disputes or disagreements arising between the Parties under the Agreement or in connection with it, not settled through negotiations, are subject to judicial review in accordance with the jurisdiction established by the current legislation.
6.5. Annexes to the Agreement are signed by the Parties and are its integral part.
6.6. The Agreement is made in 2 (two) copies, having the same legal force, one for the Lessor, one for the Lessee.

Addresses and signatures of the Parties:

Landlord:

______________________________________
Location: ____________________________________
TIN _____________/KPP _____________ OKPO __________ OKATO __________

____________ ____________________________________ ______________
m.p.

Tenant:

________________________________________________

_________________________ _________________________________ ______________
m.p.

AGREEMENT No. 92

from _____________

COMPANY " Fire safety”, hereinafter referred to as the “executor”, represented by Director Vasily Petrovich Ivanov, acting on the basis of the Charter, on the one hand, and Mart LLC, hereinafter referred to as the “customer”, represented by Director Grigory Petrovich Sidorov, acting on the basis of the Charter, on the other hand, have concluded this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The customer instructs, and the contractor assumes the performance of work on charging, repair and maintenance fire extinguishers, in accordance with the requirements of GOST, SP, PB, TU and other regulatory documents.

2. COST OF WORKS AND PROCEDURE OF PAYMENTS

2.1. The cost of works (services) under this contract is determined in accordance with Appendix No. 1. The cost of services is not subject to VAT (Notice of the Ministry of Taxes and Taxes of Russia for Krasnoyarsk No. 6237 dated August 12, 2005)
2.2. Payment under this agreement is made by the customer by transfer Money to the settlement account of the contractor or in other ways provided for by the Legislation Russian Federation according to invoice.
2.3. The customer makes an advance payment in the amount of 100% of the total cost specified in clause 2.1. of this Agreement, within 10 (ten) banking days from the date of receipt of the invoice.
2.4. If in the course of the work specified in paragraphs. 1.1, malfunctions of fire extinguishers are detected that were not detected during the acceptance of fire extinguishers, then the contractor issues an invoice to the customer for additional work and sends it using facsimile communication.
2.5. Payment for additional work is made by the customer for the work actually done on the basis of the acceptance certificate for the work performed within 5 (five) banking days from the date of signing by the parties of the acceptance certificate for the work performed.

3. OBLIGATIONS OF THE PARTIES

3.1. The Contractor undertakes:
3.1.1. Perform the work specified in clause 1.1 within no more than 10 working days after receipt of the prepayment.
3.1.2. Execute work on your own and from their materials.

3.2. The customer undertakes:
3.2.1. Timely pay for the work in the manner specified in section 2 of this contract.
3.2.2. Not later than five working days from the date the fire extinguishers are ready to accept the work performed and sign the acceptance certificate of the work in the established form.
3.2.3. If the customer does not sign the work acceptance certificate, a note is made in it and a reasoned refusal is provided to the contractor within three days.
3.2.4. In case of refusal to sign the act and failure to provide motivated evidence of refusal by the customer within 5 (five) working days, the work under clause 1.1 is considered completed.

4. RESPONSIBILITIES OF THE PARTIES

4.1. In case of non-fulfillment or improper fulfillment of contractual obligations, the parties are liable in accordance with the current legislation of the Russian Federation.
4.2. The Parties shall not be liable if non-fulfillment or improper fulfillment of obligations under this Agreement has become possible due to the occurrence of force majeure circumstances.

5. FINAL PROVISIONS

5.1. This agreement is made in two copies, having equal legal force, one copy for each of the parties.
5.2. This agreement comes into force from the moment of its signing and is valid until December 31, 2018. If neither of the parties declares its termination in writing before the expiration of the contract, the contract is considered extended on the same terms for the same period.
5.3. In accordance with Articles 160,434 of the Civil Code of the Russian Federation, the parties recognize the legal force of facsimile copies of documents identical to their facsimile copies with a personal signature of authorized representatives of the parties and sealed.
5.4. The parties are obliged to issue and provide the opposite party with the original documents sent earlier by facsimile, no later than 30 days from the date of signing the facsimile copy.
5.5. All changes and additions to this agreement are made by the parties by signing before the agreements, while these agreements are recognized as an integral part of this agreement.
5.6. Disputes under this agreement the parties will seek to resolve through negotiations. If it is impossible to resolve disputes through negotiations, disputes will be settled in the Arbitration Court of the Tomsk Region.
5.7. In all other respects that are not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation.

This legal document allows the parties to the contractual process to regulate their relations when making decisions conflict situations which may arise as a result of non-provision or poor-quality provision of services, delays in payments or non-payment for the services provided.

You will learn:

• What is a service contract.
• What are the types of service contracts?
• What are the essential terms and conditions of a service agreement?
• How to draw up a contract for the provision of services.

Contract for services is a legal agreement between parties who undertake to fulfill certain obligations. So, one party undertakes to provide a specific service in a specified amount and at a specified time, while the other undertakes to pay for it, observing all the terms of the agreement. In this regard, a service contract is similar to an employment contract.

A standard contract for the provision of services is regulated by the Civil Code of the Russian Federation. But there are a number of laws that streamline the relationship of the parties in the process of providing work. In the event that issues arise that are not provided for by the Civil Code of the Russian Federation, they are legalized in a specific service agreement.

In many ways, this document may seem similar to a work contract. But between them there is significant difference. When implementing the latter, the result is provided in the form of a material component, for example, under this contract, the contractor (executor of the terms of the contract) can build a house. A service agreement does not provide for a material result, for example, under an agreement to search for housing, a realtor selects for the client all kinds of options for conditions and places of residence. In addition, under a work contract, the contractor may delegate the performance of work on his own behalf to a third party (subcontractor). The terms of the contract for the provision of services do not provide for delegation of authority. The party that has assumed the obligation to provide the service must perform this independently.

The contract for the provision of services provides that two parties are involved in this process:

• a contractor who undertakes to provide the agreed services;
• the customer who undertakes to pay them.

Legal entities and individuals can act as any of the subjects of the contract for the provision of services. If we consider a situation in which the contractor is an organization, and the customer is an individual using the service provided for non-commercial purposes, then such relations are called the provision of personal services. These relations fall under the jurisdiction of the law "On Protection of Consumer Rights" and all kinds of norms and regulations for the provision of personal services to the population.

As a rule, a service agreement is made in writing. But if the amount of work provided does not exceed 10 thousand rubles, then the parties may conclude an oral agreement between themselves.

The contract for the provision of personal services can be documented or in the form of receipts, which reflect all the terms of the agreement. If the service is performed in the presence of the customer, then the contractor can confirm the performance of the work by issuing a cash receipt or other document confirming payment to the customer.

4 mistakes that almost everyone makes in a service agreement

The editors of the magazine " Commercial Director» found out in which issues the parties most often make mistakes and what they forget to indicate in the service agreement. Get an expert opinion and reduce the risk of disputes with a partner.

How is the contract for the provision of services regulated by law?

Chapter 39 of the Civil Code of the Russian Federation "Paid Services" regulates the legal regulation of the contract. The provisions of this chapter apply to contracts for the provision of medical and veterinary care, training, information, consulting and auditing services, etc.

In the event that there are no contradictions to the subject matter of the agreement, general provisions, which are described in article 783 of the Civil Code of the Russian Federation. It should not be forgotten that these documents have a tangible difference between them, since in one case a service is provided, and in the other, certain work is performed. In the Civil Code of the Russian Federation, the concepts of “service” and “work” are somewhat vague, so it can be difficult to distinguish between them.

In contrast to the Civil Code of the Russian Federation, these concepts are clearly separated tax code RF. So, actions that do not carry a tangible result can be considered a service, and work is characterized by activity expressed materially.

The process of providing services is an entrepreneurial (commercial) work of individuals or legal entities on the one hand, which is aimed at meeting the needs of the other side. These services are regulated by a service agreement, which is concluded between the parties to the contractual process - the customer and the contractor.

• How to conclude a contract and not fall for the bait of scammers

Types of contract for the provision of services

Article 779 of the Civil Code of the Russian Federation lists the types of services that are formalized by contractual relations. Among them are the main ones:

• educational activities for a fee;
• communication services;
• safety and security;
• public utilities;
• medical service;
• auditor services.

However, each of these services can be subdivided into other, more detailed ones. Thus, utilities may consist of a service for the removal and disposal of household waste, security activities are divided into physical security of persons, information security, electronic security, etc.

All these service contracts can be classified as paid (services for a fee) and gratuitous (no remuneration).

Under the terms of the Civil Code of the Russian Federation, it is possible to conclude both paid and non-paid contracts for the provision of services. However, it should be remembered that the absence in the agreement of any clauses on payment for services does not make the agreement gratuitous. In the course of the occurrence of disputes, by a court decision, a certain amount may be claimed from the customer for the service already rendered.

If the parties have agreed to conduct gratuitous activities, then in order to avoid possible subsequent disagreements, this condition should be clearly stated in the service agreement.

Article 780 of the Civil Code of the Russian Federation indicates that, under the terms of such an agreement, the service is provided directly by the contractor. If it is planned to use the services of a co-executor for the performance of work, this is recorded in advance in the document.

The agency agreement differs from the co-executor by the conditions that are prescribed in Chapter 52 of the Civil Code of the Russian Federation. Such a contract is an independent document and defines the functions and powers of the contractor, how the costs will be distributed and paid, the contractor acts on his behalf or on behalf of the customer, and at what point the agency terminates its obligations.

Some service contracts do not have a clear legal distinction. Here there is an opportunity for the parties to independently establish the rights and obligations that the customer and the contractor perform in relation to each other.

Contract for the provision of services for paid basis has, as a rule, several important conditions to be fulfilled:

• The subject of the agreement, which clearly defines the services that the contractor must provide to the customer.
• Time limits for the start and end of work.
• The place that is designated for the provision of services.
• their quality criteria.
• Terms and stages of payment for services by the customer.
• Responsibility of the parties (including material) for non-fulfillment, poor-quality fulfillment, or failure to meet deadlines for the implementation of contractual obligations.

The contract for the provision of services between legal entities and individuals may contain additions in the form of supporting documents:

• act of acceptance and delivery of work performed;
• report on the performance of work and costs incurred by the contractor;
• additional agreement.

How to draw up a contract for the provision of services

At the top of the document, the geographical place of the conclusion of the contract (for example, city) and the date are indicated.

The party ordering the service, represented by an individual or legal entity, is referred to as the "Customer" and the other party that undertakes to perform work to provide the service, represented by an individual or legal entity, is referred to as the "Contractor". The parties enter into an agreement on the following:

1. Subject of the contract.

The customer instructs the contractor to provide the service and undertakes to pay for the work, and the contractor confirms his readiness to provide this service and complete the work within the time specified by the agreement.

1. The rights and obligations of the performer.

The contract for the provision of services in this paragraph stipulates:

• who provides the service: the contractor personally or with the involvement of a third party;
• providing the customer with documentation on the start and completion of work under the contract;
• conditions and procedure for acceptance of the performed services;
• the procedure for submitting comments and finalizing the service rendered;
• conditions and procedure for documentary confirmation of the work performed.

1. Rights and obligations of the customer.

Under the service agreement, the customer is obliged to:

• negotiate terms possible failure from the service;
• determine the timing and completion of work;
• to form a list of documents that will testify to the completion of the provision of services and the acceptance of the work performed.

1. The order of acceptance of services.

After completion of work on the provision of services, the contractor provides the customer with an acceptance certificate for the work performed. The customer within a specified period of time is obliged to sign an act or submit a complaint to the contractor for the completion of contractual obligations. The Contractor must, within the specified time intervals, eliminate the deficiencies and provide the customer with a revised version. The service is considered rendered in full after the mutual signing by the parties of the act of acceptance of the work performed.

1. The cost of the contract and the procedure for settlements.

The contract for the provision of services indicates the exact cost of the work, including VAT.

The customer undertakes to:

• make an advance payment after signing the contract for the provision of services (if the document provides for a clause on its terms and amount);
• pay the contractor the remaining amount under the contract after signing the act of acceptance of work performed;
• in the case of stage-by-stage financing of the provision of services, pay for them according to the payment schedule (indicating the time and exact amount of payment).

1. Responsibility of the parties.

The customer and the contractor in the contract for the provision of services stipulate penalties and interest that they undertake to pay to each other (the contractor - in case of non-performance, poor performance or failure to meet deadlines for the provision of services, and the customer in case of late payment for services performed under the contract).

1. Force Majeure.

These are the conditions prescribed in the contract for the provision of services, which relieve the parties from liability for the implementation of the clauses of the agreement. They may be force majeure obstacles: a change in the market situation, natural disasters, riots or wars.

1. Change and termination of the contract.

The conditions that force the parties to amend the contract, as well as the mechanism for its early termination are indicated.

1. Dispute resolution.

The procedure for settling disputes and claims under a service agreement is determined. It can be negotiations, consultations or resolution of contradictions in court. At the same time, conditions and terms must be specified, after the expiration of which the topic of disagreement is transferred for judicial consideration.

1. Final provisions.

The parties indicate the validity period of the contract for the provision of services, the time to eliminate possible shortcomings and the procedure for signing the act of acceptance of work performed.

1. Details of the parties.

FULL NAME. the responsible person who signed the contract on behalf of the customer and the contractor, the legal address or place of residence of the parties, PSRN, OKPO, TIN, KPP, account number, bank details.

• Changing the employment contract: what any manager should know

What are the features of the contract for the provision of services for different areas of activity

In the presence of all mandatory attributes, contracts for the provision of various kinds services have their own characteristics:

• When rendering transport services it is understood that the contractor will transport the customer's cargo at his expense. Since the cargo being transported may have a value (and in some cases a special one), the contract must provide for a mandatory insurance clause. In addition, the contract takes into account the responsibility of the contractor for the safety of the goods to the customer. A completed and completed waybill serves as confirmation of the execution of the contract for the provision of transport services.
• Advertising services are regulated by the Federal Law "On Advertising". In the contract for their provision, the contractor undertakes to fulfill all the requirements of this law, obtain the necessary permits from the relevant authorities and monitor the proper implementation of the points of the law during the advertising campaign in favor of the customer.
• The contract for the provision of medical services must be drawn up with particular care. Medical services are related to the health of the customer, therefore, in such an agreement, all points and measures of responsibility for the life and health of the patient are carefully prescribed. When providing such services, the contractor is responsible for non-dissemination of confidential information about the health status of the customer. And this important point should be noted in this agreement. If (if necessary) the contractor will have to provide information about the state of the customer to third parties, then this point should also be reflected in the contract.

The process of diagnosis and treatment is specific, where it is impossible to take into account all the subtleties and nuances. Such points may be stipulated in special annexes to the current agreement.

• The contract for the provision of cleaning services must contain the scope of work and the timing of their implementation. In the practice of providing this type of service, it often happens that the customer provides the contractor with access to a residential or office space in his absence. Therefore, the agreement stipulates the conditions for the integrity and safety of the customer's property.
• Contract for the provision legal services implies that the contractor conducts all the cases entrusted by agreement on behalf of the customer. At the same time, it should be remembered that in this case, the executor under the contract is a lawyer, who (most likely) is the drafter of the document. In this case, it is not at all surprising that the rights of the contractor under the contract will be taken into account as much as possible. Therefore, the customer, signing such a document, must carefully consider the points that relate to the observance of his rights. It should be remembered that when instructing the contractor to conduct business on his own behalf, the customer entrusts him with his own property, as well as his material, intellectual values ​​or money.
• The contract for the provision of educational services may be bilateral or tripartite. It is concluded between the customer, the contractor and the person who is being trained to provide paid services. Therefore, it should define the periods, terms of training and the amounts of money that the customer pays for them. As a rule, the cost of one period of time may not be fixed and depend on the terms of the contract. Tuition expenses are the basis for tax deductions, so the document is concluded with the party who intends to receive a tax refund. Agreement for educational services must have appendices that indicate the training plan or a list of subjects studied during the term of this agreement.
• A contract for the provision of hotel services can often involve the involvement of third parties. Initially, being a typical document of a personal nature, it stipulates the involvement of other employees. At the same time, it should reflect the conditions of accommodation in the hotel, the services provided to the guest at no additional charge and the service that is provided for a fee. All this is determined in advance and entered into the agreement document. An important element The contract for the provision of hotel services is information on the date and time of arrival at the hotel and departure from it. The document is signed after all the above points are agreed upon and agreed upon.
• Contract for the provision advisory services is the most difficult in terms of its regulation, because it wears exclusively intellectual character. end product, which is obtained in the process of implementing this agreement, are: expert opinions, advice, methods of action and decision-making, analyzes, conclusions, etc.

Expert opinion

With freelancers, you also need to conclude a contract for the provision of services.

Alexander Bychkov,

Chief legal department TGK Salyut

In the practice of entrepreneurship, freelancers are often involved in the work. They carry out specific projects on the basis of civil law contracts, adhering to the terms of reference. So they create design, layouts of advertising messages, product packaging, design websites or stands for exhibitions.

A contract for the provision of services with a designer is drawn up on the basis of Chapter 39 of the Civil Code of the Russian Federation, since the designer, as a rule, performs a set of services for the customer on a reimbursable basis. Such an agreement frees the customer from the need to hire a designer, pay him a monthly wages provide a set of measures for insurance and social protection. However, when drawing up an agreement, you need to show Special attention, so that as a result of the next inspection, the labor inspector could not reclassify the civil labor contract into an employment contract and refer the case for consideration to the court.

• Unscrupulous partners: how to recognize fraudsters in business

How to make a claim under a service agreement

Each contract concluded between two parties contains their rights and obligations. In practice, it often turns out that one of the parties in bad faith fulfills the obligations assumed under the contract or does not fulfill them at all.

As a result of such actions, a conflict situation arises between the parties. The party that considers itself injured, in this case, may file a claim under a service agreement. This is a document that is used to resolve a conflict without litigation.

A claim under a service agreement is a document that helps the injured party restore its rights under the terms of a previously concluded transaction. The relationship of the parties to the contract for the provision of services is determined by the Civil Code of the Russian Federation and the party that makes claims regarding the fulfillment of the terms of this contract must have good reasons for this.

Based on the provisions of Article 779 of the Civil Code of the Russian Federation, a transaction is considered completed when the party that has assumed the obligations of the contractor, in deadlines carries out all work under the terms of the contract for the provision of services, and the party that acts as the customer makes timely payments for them.

In the event that the subjects of the contract are not satisfied with each other in terms of the performance of services, the party that considers itself the victim may submit a claim to its opponent on the following facts of violation of contractual obligations:

• disruption of the terms of the agreement;
• the refusal of the contractor to compensate for the losses caused to the customer in the process poor quality services;
• disagreement of payment by the customer for the work of the contractor under the terms of the contract or delaying payment terms.

The legislative system considers poor-quality fulfillment of the terms of the contract and the obligations assumed as a failure of the current agreement. This fact is dominant in order for the injured party to be able to make a claim at fault. The customer is most often not satisfied with the quality of work and the timing of its implementation. The contractor, as a rule, makes claims for payment by the customer for the services performed.

Claims under a service agreement must contain specific requirements. Their main goal is to force the guilty party to fulfill its obligations under the agreement in full.

The most frequent requirement of the contractor to the customer is payment for the work performed. The customer may make broader claims to the contractor. He has the right to demand:

• eliminate identified deficiencies at no additional charge;
• compensate for the costs incurred to correct errors and shortcomings (if the customer eliminated them independently);
• return the amounts paid as an advance payment in case of termination of the contract for the provision of services;
• demand to redo the work (possibly if the shortcomings in the previously performed actions cannot be eliminated);
• reduce payments for those services that were not provided with high quality;
• pay all outstanding penalties in full.

When making payment under a service agreement, the customer has the right to demand from the contractor compensation for damages, payment of penalties and fines for poor-quality work, even in cases where this is not provided for by the agreement. All disputes that may arise between the parties are regulated by the Civil Code of the Russian Federation (Article 332). Based on this article, the contractor also has the right to present material claims to the customer in case of non-payment or unmotivated delays in payment for the services rendered.

A claim under a service agreement must contain the specific requirements of the injured party to its opponent.

On what grounds is it possible to terminate the contract for the provision of services

Article 450 of the Civil Code of the Russian Federation provides a list of grounds that allow you to start the procedure for terminating a service agreement.

They depend on the party that initiated the termination or on the reasons that led to the emergence of a conflict situation and became the reason for

Such an agreement may be terminated in the cases provided for three options:

Option 1. By agreement of the parties.

When the contractor and the customer are satisfied with the conditions for terminating the contract for the provision of services. This option has a number of advantages.

Firstly, it saves the parties from the need to apply to the judicial authorities and from unnecessary legal costs, respectively. Having terminated the contract for the provision of services by agreement, the parties can no longer present claims to each other in court.

Secondly, the reason for the mutual consent of the parties to terminate the contract for the provision of services does not matter.

But Article 450 of the Civil Code of the Russian Federation provides that the termination of the contract for the provision of services between the customer and the contractor is possible only if it does not contain a clause that prohibits the parties from carrying out this procedure.

A termination agreement has the same form as a service agreement. Most often, such a document is worked out in the usual written form. This is possible if the law and other agreements do not provide for other rules for terminating the contract. Moreover, if one of the parties begins to perform its functions voluntarily even before the start of the procedure for terminating services, the court may qualify these actions as terminating the contract for the provision of services by agreement of the parties. This is provided for by paragraph 3 of Article 438 of the Civil Code of the Russian Federation.

If both parties to the contractual process are satisfied with the decision to terminate the contract for the provision of services by agreement of the parties (and this clause is stipulated in the document), then clause 3 of Article 453 of the Civil Code of the Russian Federation comes into force. Here, the customer should remember that if, at the time of termination of the service agreement, he continues to perform actions related to the fulfillment of the conditions of the original agreement, then the conditions for terminating the service agreement will be invalidated.

Option 2. Motivated and unmotivated withdrawal from the contract unilaterally without litigation.

The consequences of terminating the contract unilaterally are exactly the same as with the agreement of the parties or in court.

The customer has the right to refuse to fulfill his obligations under the contract without giving reasons. This is an unmotivated refusal. In the event that the customer explains the reasons for his refusal to perform the contract on his part, then such refusal is considered motivated.

1. Motivated unilateral refusal.

The legislation provides for the customer's refusal from the contract for the provision of services unilaterally and provides the opportunity to require the contractor to reimburse the costs incurred. This procedure is regulated by Article 783 of the Civil Code of the Russian Federation. It takes effect:

• when the contractor delays the start of the provision of services or in the case when it becomes clear that the service will not be provided in a timely manner (clause 2 of article 715 of the Civil Code of the Russian Federation);
• when it becomes clear that the service of adequate quality is not being provided (as provided for by the contract), and the actual deadlines for eliminating the shortcomings set by the customer are not met and the shortcomings are not corrected (clause 3 of article 715 of the Civil Code of the Russian Federation);
• if the service will be rendered of poor quality, and the requirements for the elimination of deficiencies will be ignored (clause 3 of article 723 of the Civil Code of the Russian Federation);
• when the service is provided, but the shortcomings with which it was performed cannot be corrected (clause 3 of article 723 of the Civil Code of the Russian Federation).

These conditions must be supported by evidence. If they are absent, then the contractor may demand in court to consider the contract for the provision of services as valid.

1. Unmotivated unilateral refusal.

The legislation does not regulate the cancellation of the contract for the provision of services and allows the customer to terminate the contractual relationship both during the validity of the contract at any stage of its implementation, and before its entry into force.

But at the same time, the customer is obliged to reimburse the contractor for all material costs that the latter incurred as a result of the termination of the contract for the provision of services and the termination of contractual obligations. This is provided for by the Civil Code of the Russian Federation in paragraph 1 of Article 782.

Option 3. Termination of the contract at the initiative of one of the parties in a judicial proceeding.

To terminate the contract for the provision of services, you must file a lawsuit in court. The initiator of filing a claim may be any of the parties to the contractual process. The contract will be considered terminated at the moment when the court decision comes into force. However, this practice also provides for a set of pre-trial measures in preparation for the termination of the contract. The reason for terminating the contract for the provision of services should be serious circumstances in which the implementation of the terms of the agreement becomes inappropriate or impossible.

1. Significant violation of the terms of the contract by the other party (clause 1 clause 2 article 451 of the Civil Code of the Russian Federation).

The law qualifies such a violation as an action, as a result of which the customer is deprived of what he was entitled to rely on under the terms of the contract. This may refer to the untimely fulfillment by the contractor of the obligations assumed under the contract (clause 2, article 450 of the Civil Code of the Russian Federation).

1. Significant change in circumstances (clause 2, article 451 of the Civil Code of the Russian Federation).

This basis is not often used in practice. The customer has the right to refer to a fundamental change in the circumstances that previously influenced the conclusion of the contract for the provision of services. He provides the considerable body of evidence available to him. In this case, he will have to prove the totality of the following facts:

• at the conclusion of the contract, the contractor and the customer were sure that during its implementation conflict situations were impossible;
• the customer could not overcome the circumstances, despite his punctuality in obligations and attitude to the concluded contract;
• when the customer may suffer significant damage, in many respects exceeding the expected dividends from the results of the current contract;
• the contract does not say that the customer bears the risk of a change in circumstances.

The law defines what points are taken into account and considered important in the provision of a number of services.

The court determines the material and property consequences after the termination of the contract for the provision of services. This happens at the request of one of the parties. The court evenly distributes between the parties the costs incurred during the execution of the current contract. This is provided for by Article 451 of the Civil Code of the Russian Federation.

1. Other cases provided for by the Civil Code of the Russian Federation.

There are no clauses in the Civil Code of the Russian Federation for the procedure for terminating a service agreement. Such a procedure may be described in other regulations and rules. In this case, the parties must have good reasons and arguments to terminate the service agreement.

It often happens that the parties concluding such an agreement themselves provide in it those moments at which it can be terminated in court. From the side legislative framework in this case, the presumption of freedom of contractual relations applies to the parties. Thus, in order to provide for the possibility of terminating the contract, the parties may indicate the following grounds:

• the quality of the work of the contractor did not meet the expectations of the customer;
• violation by the contractor of the terms of the contract for the provision of services;
• unilateral change by the customer of the price for the provision of services, which was previously determined in the contract.

Typical mistakes when concluding a contract for the provision of services

Mistake 1. They confused the contract with paid services.

Companies enter into a contract for the provision of services as a contract. But in the legislation of the Russian Federation, these two types are not the same. The text of such documents may contain clauses and rules that are mutually exclusive. In these cases, confusion may arise in resolving disputes, even in court.

Effects. An example can be given when the contractor, under a service agreement, placed the customer's advertising information for a specified period of time. After half of the contractual period, the contractor informed the customer that his advertising message would be removed. The customer applied to the court and by the decision of the court the contractor paid a fine in his favor. The procedure went without conflicts and controversial issues. The thing is that such a situation was taken into account in advance and spelled out in the terms of the agreement.

In addition, in this agreement, the court saw the presence of an element of the contract and took the side of the applicant. Using the same rules, the contractor can refuse to fulfill the terms of the contract only under certain circumstances. However, this decision was rejected by the cassation and courts of appeal. Here the contract was considered as a contract for the provision of services. Under the terms of such a contract, the contractor has the right to refuse the service if he compensates the customer for the costs incurred by him. And the condition regarding the penalty upon refusal can be ignored even if it is in the contract for the provision of services.

Consider an example of a reverse situation where an agreement between the parties has been defined as a service contract. Here the sanctions established by the Civil Code of the Russian Federation were applied. In such an agreement, it was not necessary to fix the terms for the provision of services. Both sides ignored this point. However, in the event of a conflict situation and the transfer of the case to the court, the judges reclassified this agreement into a work contract, according to which the indication of the deadlines for the completion of work became mandatory. Therefore, the contractor was ordered to pay the customer a penalty with interest and the appeal was denied.

Error 2. The subject matter of the service agreement was not specified.

It often happens that in a service agreement, the subject matter of the agreement looks vague and not specific. In this case, the ultimate goal of the document and the details that determine this goal become unclear.

Effects. In a service contract, the subject matter of the contract is key value. If the subject of the contract is not explicitly expressed, not specific, it can be considered as not concluded. In this case, the outcome of the trial may be dependent on the stage at which the dispute is at the time of litigation. In the event that the service under the contract has already been completed, there is a high probability that, upon resolving the dispute, the customer will pay for it. However, there is no certainty that the contractor will receive the entire expected amount. In this case, its size will be calculated based on the practice of providing similar services without taking into account the specific features that took place during the performance of this work. In the event that the services were not paid for by the customer, it will also be very difficult to achieve payment. challenging task, since the subject of the contract is abstract and it is very difficult to prove that the service was (or was not) provided properly.

Mistake 3. There is no evidence that services under the contract were provided.

Often, some organizations providing services do not draw up acceptance certificates based on the results of work performed. Others make such documents, but the information they contain is not complete. The preparation of such acts is not a prerequisite. However, if upon the implementation of the contract for the provision of services, an act of acceptance of work performed is not attached to it, then an unscrupulous Customer may insist that the service was provided poorly and not in full and refuse to pay the costs of the contractor under the contract.

Effects. In the event that the contractor cannot provide the court with the acts of work performed signed by the customer, he may also consider other documents that were drawn up during the execution of the service agreement, up to the correspondence of the parties or the testimony of witnesses. But keep in mind that not every judge will consider such documents as evidence.

Such a litigation decision can arise not only when the service agreement stipulates the need to draw up an act of work performed signed by the customer, but also when the existence of such acts is not mentioned in the contract. The court may decide in favor of the customer if the contractor was unable to provide the court with an act of work performed with the customer's signature due to poor elaboration of this act or its signing by a person not authorized by the customer without a corresponding reference to the contract. But even with the proper execution of all documents, it may happen that the contractor will not be able to receive payment if the customer is able to prove that the service was provided poorly or not in full.

Mistake 4. The service agreement did not specify the requirements.

The parties to the contractual process, due to forgetfulness or due to an inattentive attitude, do not indicate in the contract the requirements that they present to each other. This situation is quite common in the practice of signing a contract for the provision of services.

Effects. Many unscrupulous customers very often use such a weak point in the service agreement. After the end of the contract, they can challenge the performance of the work by the contractor. The first in popularity is the fact when the customer tries to prove that the service was not provided at all. The second favorite trick of the customer-charlatan is an attempt to convince the judicial board that the service was not provided in a quality and in full. This should be remembered by those managers and marketers who draw up a contract for the provision of services and fix protection against such loopholes in the document, due to which a conflict situation and refusal to pay can be provoked.

Such misunderstandings arise when specific conditions are described in general terms using phrases that allow one to interpret the terms of the contract not on the merits of its meaning, but for one's own benefit.

The undersigned confirm by this act that the services provided for by the contract for the provision of services for a fee No. ___ dated "__" ____ 20__ were provided by the contractor to the customer in full, in a timely manner, efficiently and properly. The customer has no claims to the contractor regarding the execution of the contract for the provision of services.

If the act of acceptance of work performed is drawn up correctly, it takes into account all the nuances of the possible creation of disputable and conflict situations, while it is signed by both parties, then the court has the right to recognize the desire of the contractor to receive material remuneration for the work as fair.

1. It can be stated in the contract that after the provision of services, the contractor will transfer a certain material result to the customer.

It will serve as proof that the contractor has provided the customer with the service on time and in full. If the customer evades acceptance of the result of work under the service agreement, this does not relieve him of the obligation to pay for it.

The material result of the provision of services can be considered:

• conclusion of audits;
• documents that confirm appeals to the judicial authorities (applications, petitions, complaints, letters, protocols of court proceedings, etc.);
• conclusions of the evaluation commission;
• acts and reports based on the results of the analyzes;
• confirmation of compliance with regulatory calculations;
• business plans;
• photo reports.

1. Documents that confirm the performance of the contract for the provision of services.

If the customer has not unilaterally signed the certificate of completion under the service agreement and such a document is not provided for by the agreement itself, it is possible to prove the fact of the service using other documents. They can be waybills, waybills, acts of taking instrument readings, magazines and books of registration of accounting documents, correspondence of the parties, etc.

Expert opinion

Common mistakes when concluding a contract for the provision of intermediary services

Vitaly Perelygin,

expert, legal reference system"System Lawyer"

1. It has not been determined on whose behalf and on whose behalf the intermediary is acting.

The fact who is indicated as a service provider - directly the manufacturer or an intermediary - depends on which of the participants in the contractual process has all the rights and obligations to complete the transaction and who is responsible for the violation of contractual conditions.

1. It was not specified whether the intermediary has the right to perform the task.

For all types of contract, the law establishes specific actions that the intermediary has the right to perform.

1. The goods intended for sale were not specifically named.

Often only a clause is included in the intermediary contract, which indicates that the intermediary undertakes to complete a transaction for the sale of goods. But there is no information about the product itself in the contract or annex to it. It happens that there is information about the product, but there are no identifiers: variety, brand, quantity, expiration date, etc.

1. We determined unprofitable conditions for ourselves related to the payment of remuneration to an intermediary.

In the relationship between commercial companies any intermediary contract is considered to be compensated. This means that you must pay a fee to the intermediary (clause 1 of article 972, clause 1 of article 991, article 1006 of the Civil Code of the Russian Federation).

In practice there are different variants payment of remuneration - for example, in a fixed amount specified in the contract, as a percentage of the transaction amount or in the form of the difference between the actual cost of the goods sold and the price specified in the contract.

1. They did not determine and did not agree with the intermediary the conditions and the number of transactions that the intermediary should carry out with the buyer.

Sometimes the parties do not specify the conditions under which the sale of goods will be carried out. Instead, the contract specifies only the obligation of the intermediary to sell the goods on the most favorable terms for the client.

Information about experts

Alexander Bychkov, head of the legal department of TGC Salyut. The Salyut Hotel is a hotel complex designed to receive groups, individual tourists and guests arriving in the capital. The hotel has 1,091 rooms and is the second largest hotel in Moscow in terms of the number of rooms.

Viktor Anokhin, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Voronezh. Victor Anokhin from 1992 to January 2012 was the chairman Arbitration Court Voronezh region. Author of more than 100 published scientific and scientific-methodical works, including about 20 monographs, two textbooks for high school. He was awarded the Order of the Badge of Honor and two medals.

Sergey Aristov, expert of the legal reference system "Sistema Lawyer" (Action-digital company), Moscow. Sergey Aristov graduated from the Faculty of Law of the Nizhny Novgorod state university them. N.I. Lobachevsky and Nizhny Novgorod State University of Architecture and Civil Engineering (specialization - "Organization Management"). Worked as a legal adviser, head of the legal department. Member of the Union of Journalists of Russia since 2008. Action-Digital LLC. Field of activity: development and support of electronic products for a professional audience, including the JSS "Sistema Lawyer" (legal reference system of practical explanations from judges); The company is part of the Aktion-media holding. Number of staff: 281. Number of clients: over 33 thousand.

Vitaly Perelygin, expert, legal reference system "System Lawyer". Vitaly Perelygin graduated from the law faculty of Moscow State University. M. V. Lomonosov. Worked as a lawyer in a large logistics company. He specializes in contract and corporate law, as well as in the field of legal protection of intellectual property. JSS "Sistema Lawyer" - the first legal reference system of practical explanations from judges. Official site - www.1jur.ru.

​The most detailed and clear wording becomes the key to reducing the risk of disputes with customers. Let's focus on possible mistakes that may accompany a service contract.

You will learn:

How to draw up a contract for the provision of services.

How to avoid common mistakes when concluding a contract.

Essential terms of the contract for the provision of services.

Key errors of the contract for the provision of services

Mistake 1. Confused a contract with paid services

The title of the contract for the provision of services for some companies sounds like “Contract No.”. But from a position civil law paid services and contract services are different. In certain situations, these treaties may establish contrary rules. Sometimes even judges face difficulties in the legal qualification of a contract.

Effects. Let's consider an example from practice. An agreement was made advertising agency with the customer, for which work was to be carried out to place the client's poster on scaffolding, with the preservation of this advertisement for six months. In the middle of this period, the performer reports that the poster can no longer be placed. The client filed a lawsuit for a fine of 7.6 million rubles, which was secured by the contract in such cases.

This requirement was satisfied by the court of first instance, taking into account the content of the elements of the contract in this agreement. Under this rule, the right of the contractor to withdraw from the contract will apply only under certain circumstances (in response to violations by the customer). But this decision was overturned by the courts of cassation and court of appeal– the contract was considered as a contract for the provision of services. According to it, the contractor has the right to refuse at any time if he reimburses the client for losses (usually it is extremely difficult to calculate and prove them). And the condition of a penalty upon refusal can be ignored, even if indicated in the service agreement.

Let's consider the reverse situation. The contract between the parties was named as a "services agreement", with the relevant rules of the Civil Code of the Russian Federation applied to it. According to the Civil Code, for this contract it is not necessary to fix the term for the provision of services, therefore, the parties did not indicate this information. But during the dispute over the contract by the judges, according to the results of the study of which, a conclusion was made - this is a work contract, for which an important condition is an indication of the deadline for the performance of work. A contract without specifying this period will not be considered concluded, therefore, the contractor is required to return the advance with interest, without the right to demand the acceptance of services by the customer, the receipt of a penalty under the contract, etc.

How right. In order to qualify the service agreement between the parties correctly, the commercial director must take into account its legal definition in accordance with the Civil Code of the Russian Federation. One party under the contract undertakes to perform certain work and hand over to the client its result. In accordance with the contract for the provision of services, the contractor is required to provide services for which the customer will have to pay. Therefore, in the service agreement, the main condition is given to the process itself, which does not always have to lead to a certain result. Therefore, it is the activity of the performer that should be paid. According to the contract, the completion of services must always be a certain material result, for which the customer undertakes to pay.

When specifying in the contract both services and the material result after their implementation (in particular, market research services, after which an electronic report is provided), the following actions must be taken:

1. Follow the correct terminology. In particular, it is necessary to indicate which services are the subject of the contract. They need to be defined and provided with a detailed description.
2. Specify in detail the requirements put forward in relation to the services (the procedure for providing, the qualifications of the performer, etc.) - the presence of this information will allow you to convince the court that great importance dedicated to the service delivery process.
3. The phrase “Documents confirming the fulfillment of obligations to the Customer are: a report on the results of the work done ...” or “The Contractor’s obligations to the Customer are considered fulfilled after the Contractor sends the report on the results of the work done to the Customer.” The presence of this phrase will make it possible to prove that a report is needed at the end, not as a material result of the work done, but as confirmation of the proper performance of services.

Error 2. Did not specify the subject of the service agreement

Often, the description of the service is limited to the standard wording (for example, “market research”), which is why its essence and nuances remain unclear.

Effects. The subject is a significant condition under the contract for the provision of services. If the subject is unclear, the court may regard the service agreement as not concluded, the outcome of the case depends on the stage of the dispute. In the case of already provided services, with proof of their acceptance by the customer, there is a high probability of receiving payment. However, there is no certainty that the contractor will be able to achieve the originally planned amount - since payment will be charged "at a price that, under comparable circumstances, is usually charged for similar services." Also, it will not be possible to achieve a penalty from the client in the amount prescribed in the contract. In the case when the services were not provided and not accepted by the customer, it will not be possible to achieve their payment at all - even if the contractor spends certain funds to complete the work.

For clarity, consider an example from practice. A service agreement was drawn up between the parties. According to it, the contractor had to perform actual and legal actions to represent the interests of the customer, while interacting with various individuals and legal entities to protect against misconduct, which could limit the functioning of the customer. The work was to be carried out on behalf of the customer and at his expense. The parties noted in the supplementary agreement that, based on the results of the analysis of activities, the contractor must draw up an action plan to achieve the goals of his client on the terms that are agreed with the customer.

At the lawsuit of the performer to recover payment, he met with a refusal in the courts of all instances. It was revealed that the contract itself and the additional agreement did not specify the provision of services, the list of documents that the customer had to provide for analysis, and the list of actions according to the developed plan at the end.

How right. It is necessary to fix in the section “Subject of the contract” exactly the action (task) that will be provided in fulfillment of obligations to the customer. In the section "Obligations of the parties" it should be described in great detail.

Mistake 3. There is no evidence that the services under the contract were provided

Sometimes organizations that provide their services for individual entrepreneurs or organizations that do not draw up an act on the provision of services, or incomplete information is placed in it. Drawing up these acts is not mandatory under the law, however, their absence increases the likelihood of a controversial situation - unscrupulous clients may insist on the return of funds that were paid to the contractor, or even refuse to pay for services.

Effects. If the contractor does not submit an act signed to the customer for consideration by the court, some courts may also consider other evidence of the provision of services (based on the correspondence of the party, waybills, log book, and sometimes the testimony of witnesses). But relying on such facts is quite risky - after all, other courts may not accept these facts as evidence, refusing to collect payment for services by the contractor.

It is worth emphasizing that this court order can be not only in a situation where it is directly indicated in the contract that the provision of services is confirmed by an act signed by the customer, but also if this act is not mentioned in the contract at all. The court may take the side of the customer if the contractor did not provide a signed act with defects (due to insufficient detailed consideration services, signing of the act by an unauthorized employee of the customer or lack of reference to the contract). Although even with correct design relevant documents, it will not be possible to receive payment if the customer can prove that the specified services were not actually provided.

If we talk about examples from practice, according to the contract, the HOA was supposed to provide services for the removal of household waste from the container site at the trade organization, as well as clean up the surrounding area. Representatives of the HOA filed a lawsuit to recover payment. The evidence was acts of work performed, but they were signed on behalf of the customer by a representative of another organization that was not a party to the agreement, there was no information about the address of the site and links to the details of the contract. These acts were not taken into account by the court.

Then the representative of the HOA emphasized that the executed agreement does not at all imply the mandatory drawing up of an act - therefore, its absence cannot become a reason for refusing to collect payment. This argument was rejected by the court, emphasizing that the parties drew up and signed such acts during the execution of the contract, therefore there were actual relations between the parties to formalize the results of the work performed every month. The court's ruling was to refuse to recover payment.

How right. In the contract, it is necessary to highlight a special clause in the order of acceptance of the services rendered. Not provided by law mandatory form such acts, therefore, the following conditions must be required from the employees who compose them:

1. Specify in detail the scope and list of services provided.
2. Indication of a link to the details of the contract to which the act relates.
3. Indication of the details of the parties to the contract, as well as information about the persons signing the documents.
4. Indication of the date of drawing up the act, with the control of its signing within the time agreed in the contract, or within a reasonable time after the provision of services - otherwise, it is likely that the customer will refer to the violation of the deadlines.
5. Make sure that the customer representative has the authority to sign such acts.

It should be remembered that due to the presence of an act signed by the customer, the likelihood of collecting payment for the services actually provided increases, even if the contract is recognized as not concluded.

To reduce the likelihood of refusal to sign the act by an unscrupulous customer after the provision of services, it is necessary to indicate in the contract that the proof of the proper provision of services will be a unilateral act signed by the contractor, provided that the customer unreasonably refuses to accept the services rendered and sign the document.

• Equipment Maintenance Contract: 5 Common Mistakes When Drafting

Mistake 4. The contract for the provision of services did not establish the requirements that the services must meet

Often there are situations when the parties forget to indicate in the contract the requirements put forward in relation to the process and result of the services provided. However, this condition is mandatory in order to clearly understand the provisions of the contract between the customer and the contractor.

Effects. The commercial director must remember that complaints about the quality of the services provided are the second most popular technique among various unscrupulous customers (the leader in this “rating” is an attempt to prove that the services were not provided at all). And this claim is a confident leader in the number of disputes that have arisen with bona fide counterparties.

The misunderstandings that have arisen are due to excessive brevity in the provisions of the contract - the customer may imply certain requirements, but they are not specified in the contract.

There was a similar situation in practice (the court took the side of the performer). The entrepreneur filed a lawsuit against a trading company for his audit and accounting services. During the dispute, the customer explained why he decided to limit himself to only partial payment - due to non-compliance by the contractor with the “rules for the provision of services”, which were approved by the president of the company. The contract fixed the requirement - "in case of untimely or poor-quality performance of work, the remuneration may be reduced at the discretion of the customer." However, no reference was made to such rules for the provision of services. There was also no evidence that the performer himself was familiar with these rules. Therefore, by order of the court, it was necessary to pay the full cost of services.

How right. If your company is a contractor under a service agreement, it must be taken into account that there is a rather high probability of claims regarding the quality of services. Although most of these claims can be avoided due to the competent drafting of the contract, indicating the requirements that the process of providing services and the result must comply with. Next, you should agree on how services should be provided, what should be the result. This imposes certain restrictions on the performer - you need to adhere to said requirement in the contract, but the risk of a dispute and litigation is reduced. The contract should include the following information:

1. List of characteristics and properties of the services provided (information about technical parameters, no errors, etc.).
2. Qualification of the performer (experience, education, availability of certificates, etc.).
3. Requirements for the process of providing services (the contractor has its own premises, transport, equipment).
4. Features of the result of the services provided.

Additional protection against disputes with an unscrupulous customer - an indication in the contract of references to regulations to which the services provided must comply. In this case, the customer will not be able to make claims for the services provided due to their non-compliance with any document specified in the contract.