home Diseases What is a service agreement? Sample agreement for the provision of repair work concluded between legal entities

What is a service agreement? Sample agreement for the provision of repair work concluded between legal entities

According to this document, one party provides a service, and the other pays for it: everything is extremely simple.

The legislation does not contain any special requirements for the composition of the obligation to provide paid services, but do not forget that some types of activities are licensed.

Sample contract

This is a basic template; the conditions can be clarified, added, and made more acceptable to one party or another. So, for example, you can add a clause about the possibility of the Contractor refusing to work in certain conditions, you can prescribe a different payment scheme for services, for example, provide for prepayment, etc.

Service agreement

City, date

(name of organization or full name), acting on the basis (registration certificate), hereinafter referred to as the Customer, and (name of organization or full name), acting on the basis (registration certificate), hereinafter referred to as the Contractor, have entered into this agreement as follows.
1. Under the contract for the provision of paid services, the Contractor undertakes to provide the Customer with the services specified in clause 1.2 of this agreement, and the Customer undertakes to pay for the ordered services.
1.1. The Contractor undertakes to provide the following services: _________________________________, hereinafter referred to as Services.
1.2. The period for completing the work is from “__” ______ 20 __ to “__” ______ 20 _. The Contractor has the right to complete the work ahead of schedule.
1.3. Services are considered provided after the Customer signs the acceptance and transfer certificate for Services no later than 3 days after the end of the work period (see clause 1.2.).
2. Rights and Obligations of the parties
2.1. The Contractor undertakes:
2.1.1. Provide Services of appropriate quality, in full and on time specified in clause 1.2. actual agreement.
2.1.2. At the Customer's request, correct all identified deficiencies free of charge within 5 days.
2.1.3. The contractor must 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 acceptance certificate for the Services.
2.3. The customer has the right:
2.3.1. Refuse to perform the contract at any time before signing the act by paying the Contractor part of the established price in proportion to the part of the Services provided performed before receiving notice of the Customer’s refusal to perform the contract.
3. The price of this agreement (paid to the Contractor) is: _________________________ rub.
3.1. Payment by the Customer to the Contractor of the contract price is carried out by transferring funds to the Contractor's bank account specified in this contract no later than 5 banking days after signing the Transfer and Acceptance Certificate (see clause 1.3).
4. Responsibility of the parties
4.1. For violation of the term for the provision of Services specified in clause 1.2 of this agreement, the Contractor shall pay 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. Liability measures of the parties not provided for in this agreement are applied in accordance with the norms of civil legislation in force in the territory of Russia.
4.3. Payment of the penalty does not relieve the Contractor from fulfilling his obligations or eliminating violations.
5. Dispute resolution procedure
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. The appendices to this agreement constitute its integral part.
6.2. This agreement is drawn up in two copies in Russian. Both copies are identical and have the same strength. Each party has one copy of this agreement.

The most detailed and clear formulations are the key to reducing the risk of disputes with clients. Let us focus on possible errors that may accompany a service agreement.

You will learn:

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

How to avoid basic mistakes when concluding a contract.

Essential terms of the contract for the provision of services.

Key mistakes in a service contract

Error 1. Confused contract with paid services

The title of the contract for the provision of services for some companies sounds like “Contract Agreement No.” But from the perspective of civil law, the provision of services for a fee and a contract are different. In certain situations, these agreements may establish opposing rules. Sometimes even judges encounter difficulties in the legal qualification of a contract.

Consequences. Let's look at a practical example. An advertising agency agreement was drawn up with the customer, according to which work was to be carried out to place the client’s poster on scaffolding, with the preservation of this advertising for six months. In the middle of this period, the artist informs that the poster can no longer be placed. The client filed a lawsuit for a fine of 7.6 million rubles, which was fixed in the agreement in such cases.

This requirement was satisfied by the court of first instance, taking into account the content of the contract elements in this agreement. According to this rule, the contractor’s right 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 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 compensates for losses to the client (usually it is extremely difficult to calculate and prove them). And the condition of a fine upon refusal can be ignored, even when indicated in the contract for the provision of services.

Let's consider the reverse situation. The contract between the parties was called an “agreement for the provision of services”, with the relevant rules of the Civil Code of the Russian Federation applied to it. According to the Civil Code, for this agreement there is no need to fix the term for the provision of services, so the parties did not indicate this information. But during a dispute over the contract, the judges, based on the results of the study of which, came to the conclusion that this is a work contract, for which an important condition is the indication of the period for completing the work. An agreement 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 acceptance of services by the customer, receiving a penalty under the agreement, etc.

How right. In order to qualify the contract for the provision of services 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 a contract, undertakes to perform certain work and deliver its results to the client. In accordance with the contract for the provision of paid services, the contractor is required to provide services for which the customer will have to pay. Consequently, in a service agreement, the main condition is assigned to the process itself, which does not always have to lead to a certain result. Therefore, it is the activities of the performer that must 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:

Use correct terminology. In particular, it is necessary to indicate which services are the subject of the contract. They need to be defined and given a detailed description.
Indicate in detail the requirements put forward in relation to the services (procedure for provision, qualifications of the performer, etc.) - the presence of this information will help convince the court that great importance was attached to the process of providing services.
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 transfers to the Customer a report on the results of the work done.” The presence of this phrase will allow you to prove that a report is required at the end, not as a material result of the work performed, but as confirmation of the proper performance of services.

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

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

Consequences. The subject is a significant condition under the contract for the provision of paid services. If the subject matter is unclear, the court may regard the contract for the provision of services as not concluded; the results of the consideration of the case depend on the stage of the dispute. In the case of services already provided, 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 initially planned amount - since payment will be charged “at the price that, under comparable circumstances, would normally be charged for similar services.” It will also not be possible to obtain a penalty from the client in the amount specified in the contract. In the case where the services were not provided and not accepted by the customer, it will not be possible to obtain payment for them at all - even if the contractor spends certain funds to complete the work.

For clarity, let's look at a practical example. A service agreement was drawn up between the parties. According to it, the contractor had to perform factual and legal actions to represent the interests of the customer, when interacting with various individuals and legal entities to protect against illegal actions that could limit the functioning of the customer. The work had to be carried out on behalf of the customer and at his expense. The parties in the additional agreement noted that the contractor, based on the results of the analysis of activities, must draw up an action plan to achieve the goals of his client on the terms agreed with the customer.

When the executor filed a lawsuit to collect payment, he was refused in the courts of all instances. It was revealed that in the contract itself and the additional agreement there was no specification of the provision of services, a list of documents that the customer was required to provide for analysis, and a list of actions according to the developed plan at the end.

How right. It is necessary to record in the “Subject of the contract” section 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.

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

Sometimes organizations that provide their services to individual entrepreneurs or organizations do not draw up an act on the provision of services, or it contains incomplete information. The preparation of these acts is not mandatory by law, but 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 refuse to pay for services altogether.

Consequences. If the contractor does not submit an act signed by the customer to the court for consideration, some courts may consider other evidence of the provision of services (based on the party’s correspondence, waybills, log books, and sometimes 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 from the contractor for services.

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

If we talk about examples from practice, according to the agreement, the HOA was supposed to provide services for the removal of household waste from a container site at a trading organization, as well as clean up the surrounding area. Representatives of the HOA filed a lawsuit to collect 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 site address and no links to the details of the contract. These acts were not taken into account by the court.

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

How right. The contract must include a special clause regarding the procedure for accepting services provided. The law does not provide for a mandatory form for such acts, therefore the following conditions must be required from employees drafting them:

Indicate in great detail the scope and list of services provided.
Indication of a link to the details of the agreement to which the act relates.
Indication of the details of the parties to the agreement, as well as information about the persons signing the documents.
Indication of the date of drawing up the act, with control of its signing within the period agreed upon in the contract, or within a reasonable time after the provision of services - otherwise there is a possibility that the customer will refer to a violation of the deadlines.
Make sure that the customer's 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 services actually provided increases, even if the contract is recognized as not concluded.

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

Equipment maintenance agreement: 5 common mistakes when drawing up

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

Situations often arise 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.

Consequences. The commercial director must remember that complaints about the quality of 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 controversial situations 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 claim against the trading company for its auditing and accounting services. During the dispute, the customer explained why he decided to limit himself to only partial payment - due to the contractor’s failure to comply with the “rules of service provision”, which were approved by the president of the company. The contract stated a requirement: “if the work is untimely or of poor quality, the remuneration may be reduced at the discretion of the customer.” However, there was no reference 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 the services.

How right. If your company is a contractor under a service agreement, you need to take into account that the likelihood of claims regarding the quality of services is quite high. Although most of these claims can be avoided thanks to a competent drafting of the contract, indicating the requirements that the process of providing services and the result must meet. Next, you should agree on how the services should be provided, what the result should be. This imposes certain restrictions on the contractor - you must adhere to the specified requirement in the contract, but the risk of a controversial situation and litigation is reduced. The contract should include the following information:

List of characteristics and properties of the services provided (information about technical parameters, absence of errors, etc.).
Qualification of the performer (experience, education, certificates, etc.).
Requirements for the process of providing services (the contractor has his own premises, transport, equipment).
Features of the result of the services provided.

Additional protection against disputes with an unscrupulous customer is the indication in the contract of references to regulatory documents with 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.

In the life of ordinary citizens and the activities of various organizations, there is often a need to perform various types of actions carried out to achieve a certain useful effect or result.

Not everyone has the opportunity to perform these actions for themselves (they do not have the necessary skills, knowledge, time, etc.). In such a situation, it is necessary to engage a third party/company to provide the appropriate service.

What kind of document is this?

In Russian law, a contract for the provision of services is an agreement under which one of the parties undertakes to perform certain actions, and the other - to pay for them.

The subjects of such an agreement can be both individuals (citizens) and legal entities (organizations, individual entrepreneurs). In this case, the person who undertakes to perform the services is usually called the contractor, and the one who pays for them is called the customer.

If the contractor is a commercial organization, and the customer is an ordinary citizen, the contract is considered domestic and, among other things, is subject to the regulation of the Law on the Protection of Consumer Rights.

Most often, the document is drawn up in simple written form. If it is concluded between citizens and costs up to 10 thousand rubles, it can also be in oral form. If an agreement is concluded for personal services, then it can be formalized by issuing a receipt, coupon, ticket, etc. In the case of immediate execution of the customer’s task (in his presence), it is sufficient to issue a check or receipt confirming payment.

All the nuances of disputes under such an agreement are discussed in detail in the following video:

The legislative framework

General provisions are established by the Civil Code of the Russian Federation (Chapter 39). Separate rules govern such types of agreements as transportation, storage, assignment and others specified in paragraph 2 of Art. 779 of the Civil Code of the Russian Federation. In addition, Art. 421 of the Civil Code of the Russian Federation establishes that parties can enter into contracts not expressly named in the law.

The distinction between contracting and the provision of services lies primarily in the fact that the latter do not, for the most part, involve a material expression, and in some cases do not have a beneficial effect from the actions performed by the contractor. That is, the value for the customer is the activity of the performer itself (a classic example is a hairdresser). Therefore, when drawing up an agreement, it is very important to accurately describe the subject of the agreement, specifying what exactly is included in the concept of a particular service and what actions the contractor must perform to provide it.

In some cases, a service may be accompanied by the creation of some kind of material result (for example, legal ones may end with the issuance of a legal opinion, medical ones - with the production of an image, product, prosthesis, etc.). But in any case, such a result is an expression of part of the performer’s actions.

The provision of services for individuals (citizens) is regulated by:

Law on the protection of consumer rights.
Rules for consumer services in the Russian Federation (1997, as amended).
Rules for the provision of public services (2011, resolution No. 354).

Their varieties

Considering the diversity of needs of individuals and legal entities for certain business results, there are many types of such agreements.

These are, first of all, those listed in Art. 779 of the Civil Code of the Russian Federation services:

In turn, almost each named type can be specified taking into account the needs of the customer (for example, from municipal services the service for removal of solid household waste, water supply and others is distinguished, security services are divided into services of physical security and security using technical means).

In general, such contracts can be classified into:

compensated(provided by the contractor for a fee);
gratuitous(for which no remuneration is provided).

It is interesting that the Civil Code of the Russian Federation talks about, but it is not prohibited to enter into gratuitous agreements. However, it should be remembered that the absence of payment terms in the text does not make the contract gratuitous, and by court decision the cost of actions can be recovered from the customer.

In order to avoid subsequent disagreements, if the parties have agreed on gratuitous activities, this must be specifically stated in the text of the document.

Civil Code of the Russian Federation in Art. 780 states that services must be provided personally by the performer. Therefore, it is necessary to agree on the involvement of a co-executor at the stage of concluding the agreement.

It is necessary to distinguish from co-execution agency contract, according to which the customer-principal instructs the contractor (agent) to carry out certain actions in his own interests and at his own expense. As an independent type, such a contract is regulated by Ch. 52 of the Civil Code of the Russian Federation. It must specify exactly what functions the contractor must perform, whether he acts on his own behalf or on behalf of the customer, what powers he has, how expenses are distributed and paid, and how the agency is terminated.

In general, the legislation does not provide a clear delineation of some contracts, leaving the opportunity to establish rights and obligations at their own discretion to the parties - the customer and the contractor.

In what cases are they concluded?

The most common types of contracts in civil legal relations are:

- to perform appropriate actions in accordance with the laws of the Russian Federation. If the executor is a lawyer, it is necessary to establish, in addition to the procedure for payment of services, reimbursement of expenses, including legal expenses.
or consulting. Such services can be provided to individuals, but more often the customers are organizations. The most common types are: tax, managerial, financial, designed to increase the efficiency of the enterprise.
Medical. In addition to the norms of the Civil Code, they are regulated by the Rules for the provision of paid medical services (Resolution of the Government of the Russian Federation of 2012, No. 1002). The customer can be either an individual or a legal entity, and the contractor can be an organization that has the corresponding type of activity. It is interesting that the end consumer may not be the customer, but the person specified by him in the agreement.
Promotional. In general, such services are very diverse - you can advertise (promote, maintain interest) goods, works, websites, and in a wide variety of methods (in the media, the Internet, etc.). In addition to the Civil Code of the Russian Federation, they are regulated by the Law “On Advertising” (FZ-38, 2006).
Accounting. They are often classified as consulting or management. Some services require special certification as a professional accountant.
Security. They are regulated by the Law on Protection of Activities, government regulations on detective activities and a number of other legal acts. To provide them, the performer must have.
Educational. An appropriate one is also needed here.

It is noteworthy that there is no contract for construction services as such, since this activity, by its nature, is accompanied by the creation of a material result - a constructed object, repair, demolition of a building, etc., and therefore refers to contract work, not services.

Also, the Civil Code of the Russian Federation specifically distinguishes (cargo, luggage, passengers) and transport expeditions, without relating them directly to the provision of services.

Nuances of the conclusion

The legislation allows the conclusion of such agreements between both individuals and legal entities. According to the Civil Code of the Russian Federation, any organization has the right to attract a citizen under a contract if such activity cannot be considered as entrepreneurial (aimed at constant, systematic profit-making).

More often there is a situation when an individual acts on the customer’s side, and a legal entity acts on the contractor’s side. If a citizen orders a service for personal (non-business) purposes, such an agreement is subject to the Law on the Protection of Consumer Rights and is characterized by increased protection of the customer’s rights by the law. In addition, court claims related to this are not subject to state duty and are considered in a shortened time frame.

Form and rules of registration

The law establishes that a contract for the provision of services must have certain mandatory provisions:

The subject of the agreement and the list of services must be named (preferably in detail).
The timing of their provision, including start and end.
Cost (if it is not specified, the usual price for this type of activity will be charged).
Requirements for the quality of actions.
Responsibility of the parties (can be established by agreement of the parties, differing from the standard specified in the Civil Code of the Russian Federation).

The contract is considered concluded if the customer and the contractor agree on all essential terms. As a rule, it is concluded in writing, less often in the form of a receipt, check, etc.

Also, the contract is considered concluded if the parties expressed consent in another way, for example, in response to the customer’s application, the contractor began to provide the service (Article 438 of the Civil Code of the Russian Federation).

Contents, controversial issues and their resolution

The structure of the document is similar to a number of other agreements and, as a rule, consists of:

Preambles (indicating the parties, on the basis of which they act, the date and place of conclusion of the contract).
Subject of the agreement (essence and composition of services, period of provision, payment, etc.).
Obligations of the parties (for the customer, this is the obligation to pay).
Section establishing liability for non-fulfillment, inadequate quality, delay, etc.

In addition to the above, they usually include provisions on acceptance of services (act of acceptance), liability for refusal to fulfill obligations, and the possibility of attracting co-contractors. Signatures of the parties and their seals (if any) are required.

It is important to remember that the contract can be terminated at any stage, either by the decision of the customer or the contractor. In this case, the customer reimburses the costs incurred to fulfill the agreement. If he refused the contract before its commencement, liability will not be established.

The contractor is obliged to compensate for losses caused by refusal to fulfill the agreement at the request of the customer.

Like any civil agreement, this agreement can be challenged in court. Most often, the pre-trial stage of dispute resolution includes a claim settlement procedure (an individual must be considered within 10 days). In this case, a dispute between an individual and an organization is resolved in a court of general jurisdiction or before a magistrate (depending on the value of the claim), and between two organizations - in an arbitration court.

Relationships between any business entities are regulated by certain documents. One type of such agreement is a contract for the provision of services. What kind of document this is, the features of its preparation, as well as the procedure for filling it out in 2018, we will consider in our article.

What is the contract?

Often individuals or companies require the assistance of professionals who are not on their own staff. The process of receiving certain assistance from third-party companies or individuals must be documented. In order for both parties to comply with the terms of the transaction, an agreement is drawn up regulating their rights and obligations.

Such a document regulates every stage of the relationship between the parties. The Contractor is obliged to provide certain services at the request of the customer. The customer guarantees their payment. Other documents may be attached to the agreement - estimates, specifications and other calculations. Acceptance of work is documented by issuing an acceptance certificate for completed work.

When is it necessary to conclude an agreement?

There is no clear legal division between work and services in the law. In practice, a standard contract for the provision of services is drawn up when it comes to intangible activities. That is, when performing actions that do not have a final material expression.

Directions of the service sector are characterized by such qualities as intangibility, inseparability and unstorability. Intangibility implies that the result of the performer’s activity cannot be touched or tasted. Inseparability implies simultaneous provision and consumption. Non-storability means that the result of the performer’s activity cannot be saved for further implementation.

The work in which the agreement in question is used can be conditionally divided into several types. Turning to law enforcement practice, one can notice that in Russia the following are more common:

The provision of services for a fee involves the receipt of remuneration by the contractor. The law allows such agreements to be drawn up between individuals and legal entities. However, in reality, more often the customer is a small company, and the contractor is a large organization.

At the same time, an individual is the most economically advantageous option for cooperation. Enterprises have many costs. A private person spends only his time, knowledge and energy.

It is noteworthy that the construction work is carried out using a contract. In addition, the agreement in question is not used when providing services for the transportation of goods or passengers.

Some of the listed activities require a license. Cooperation with a counterparty that does not have the required qualifications may be considered invalid.

Features of a standard contract for the provision of services

Its main features in 2018 include the following:

The parties are any economic entities;
The performer performs everything independently, unless otherwise agreed upon in advance;
The customer may refuse to cooperate by paying the costs incurred by the counterparty;
The contractor may refuse its obligations by fully compensating the customer for its losses.

Given the different needs of individuals and legal entities, there are quite a few types of such documents. Their conditions are reflected in the standard rules of a particular industry or specific organization. Each type is detailed based on the needs of the parties.

The procedure for filling out a standard contract for the provision of services

If the customer is an individual and the contractor is a company, then the agreement is governed by the Law on the Protection of Consumer Rights. When concluding a transaction with a legal entity, it is necessary to check the authority of the person signing the papers.

Agreements are drawn up in writing, indicating the following points:

Place and date;
Data from both sides. The individual provides passport and contact information. The legal entity provides details. It is important to indicate exactly who is acting on behalf of the company and on what basis;
Item. The type of work that the contractor undertakes to perform is indicated;
Information about the price of work and the calculation option;
Term;
Responsibility for non-compliance with obligations or their improper performance;
Dispute resolution method;
Details, signatures (seals).

The sample contract for the provision of services may contain other information directly related to the transaction.

Common mistakes

The most common mistakes when concluding this type of document include the following:

The text is not based on law. That is, it does not use ready-made definitions and formulations from legislative acts;
When composing, words and phrases are used that have an ambiguous interpretation;
The subject of cooperation is not clearly established;
The final requirements that the result must meet are not defined.

Many business entities are characterized by a desire to reduce document flow. However, oral interaction can lead to even more errors. In some cases it is basically impossible.

Responsibility of the parties under the contract for the provision of paid services

Each party to the transaction has certain rights, but at the same time bears responsibility for its obligations. The responsibility of the parties under the contract is stipulated before its conclusion and is a fundamental point. In the form of liability for improper performance or failure to fulfill obligations, it is usually determined:

Compensation for losses;
Payment of penalties;
Payment of interest.

If the contractor has not fulfilled his obligations in full, he must compensate the customer for losses caused by his fault. The damages include not only the damage caused. It also includes lost profits.

The concept of price and performer guarantee

One of the mandatory items included in the sample contract for the provision of services is its cost. The rules for determining the price are regulated by law. The document itself indicates the price of the required work or the method for calculating it. If the volume of the latter is too large, then the final cost can be calculated using an estimate.

The contract price can be:

Certain, i.e. set in absolute value;
Definable. This means depending on some factor. In this case, the price is not fixed in a fixed form, but as certain conditions that make it possible to then determine it.
Open. This price is not immediately known. It is determined in the future based on assumptions, third-party opinions or market conditions.

An important part of the agreement is its duration. The initial and final period of fulfillment of obligations must be documented. In some cases, specific deadlines are also determined for individual, that is, intermediate stages.

Any service must be of adequate quality. This means that the final result of the contractor’s activities must comply with the terms of the agreement. If these conditions were not taken into account in the contract for the provision of services, then the quality is determined by other requirements. Usually those that are standardly required for work of one type or another.

Quality guarantees are divided into legal and contractual. The first are guarantees provided by law. The second are those accepted by the contractor in accordance with the contract and prescribed in it.

Completion and acceptance of work

The final result of high-quality and timely completion of work is usually documented in an acceptance certificate. When providing a large amount of work, it is inconvenient to draw up an act in each case, but this issue cannot be ignored.

The deed is not always drawn up in the form of a document signed by the parties. Sometimes it is necessary to define in writing the rule regarding the acceptance of services in the absence of objections from the customer. Such acceptance is formalized by drawing up a unilateral act.

Competent drafting of any legal document requires detailed study. To take into account all possible nuances, it is necessary to review each clause of the agreement several times. This will help to avoid moral and material costs in the future when controversial situations arise.

You can download a sample contract for the provision of services 2018 on our website

A service agreement is one of the most common agreements. It is in this legal form that communication services, medical, consulting, those related to training, etc. are given. We would like to note that it is sometimes quite difficult to draw a clear line between services and work (for example, equipment repair). You can find out further how to correctly conclude transactions for the provision of services, and what types of this agreement there are.

What is a service?

A service is an activity, the result of which cannot have material expression; it must be fully realized and consumed in the process of its implementation. Work is considered to be an activity that has a purely material expression. A contract for the provision of services implies that the contractor must perform certain actions, and the customer, accordingly, is obliged to pay for them. The rules of the agreement on the provision of paid services are regulated by the Civil Code. Chapter 39 of the Civil Code of the Russian Federation applies to a fairly wide range of services:

Auditing;

Information;

Medical;

Consulting;

Veterinary;

Tourist;

Training services, etc.

What is not considered a service?

It is worth noting that service agreements do not include the following types of agreements:

Work agreement;

To carry out technical work;

Commissions;

To carry out development work;

Transportation;

Bank account;

Transport expedition;

Storage;

Bank deposit;

Trust property management.

Subject of the agreement

As already indicated, the subject of such contracts is exclusively intangible services. Since the quality of its provision directly depends on the person who will provide it, such a service must be performed by the contractor personally (unless the parties have specified otherwise in the contract). Such an agreement must be concluded in writing. Each of the participants must also have a copy of such an agreement on hand. Customers can be legal entities, individual entrepreneurs and capable individuals. The same circle of persons may be involved as a performer.

We draw up an agreement

In order to draw up a correct contract for the provision of services, it is necessary to strictly adhere to the provisions of the Civil Code of the Russian Federation:

Be sure to indicate the subject of the agreement; Moreover, it is not enough to write “marketing research”; you need to specify point by point what kind of activity this will be;

Specify all powers and responsibilities of the parties;

Set clear deadlines within which the activity must be completed;

It would also be useful to indicate the criteria by which the quality of the service will be determined;

Such an agreement, of course, specifies the price of the contractor’s services;

Don't forget to also determine the responsibilities of the parties to the transaction; It is also advisable to specify in the agreement the amount of compensation in case of unilateral refusal of it.

Features of the agreement

In some cases, it is possible to conclude an agreement for the provision of services only with those entities that have a license for such activities. For example, if we are talking about an agreement on the provision of medical care, then the medical institution must have a license. At the same time, it must be valid, and for those types of medical care for which, in fact, you applied. If a hospital provides care to patients without a license, it will face liability. In addition, if the performer does not have a license, then this agreement may be declared invalid in court. That is, such an agreement will not have any legal weight. The peculiarities of a contract for the provision of services also include the following rule: in some cases, general provisions on contracts and household contracts apply to a service contract.

Termination of the contract

It is worth emphasizing that, unlike other types of transactions, a civil contract for the provision of services can be terminated not only by mutual agreement of the parties, but also by one of its participants (the contractor or the customer) unilaterally. The law provides that the customer may withdraw from the contract provided that he compensates the contractor for all expenses incurred by him. In addition, the customer can refuse the services of the contractor both before the start of the provision of the service, and directly during the process of its provision. The contractor, in turn, also has the authority to withdraw from the contract. If such a refusal causes losses to the customer, the other party is obliged to compensate them.

Agency contract

An agency agreement for the provision of services is an agreement between the principal (actually the guarantor) and the agent (intermediary, executor), according to which the first orders the provision of certain services by a second person (legal services, etc.) on behalf of the principal or directly on behalf of the agent. For such actions the agent is entitled to a reward.

Prerequisites

To conclude an agency agreement according to all the rules, you must indicate:

The function that the agent must perform;

Will he act on his own behalf or on behalf of the customer;

How will he report to the principal;

The amount of the fee and the timing of its payment;

Obligations and rights of the parties;

Are there any restrictions on the agent’s powers;

Conditions for termination of the agreement;

Responsibility of the parties.

Certain types of agreement

A type of contract under consideration is an agreement for the provision of consulting services. They can be either long-term or momentary. This type of contract is often concluded between various specialists and companies. The most popular consulting services are: legal, financial, strategic, advertising, information. In the process of carrying out various real estate transactions, a realtor agreement is often used. Many businessmen turn to marketing agencies to promote their brand in the modern world. Such companies, as a rule, provide a lot of services: identifying target audiences, developing a brand profile, drawing up a brand strategy, etc. In addition to all the types of agreements listed, there are many others, and their number is growing every day. Therefore, listing them all in one article is simply unrealistic.

Important points

As it turned out, the contract for the provision of paid services has its own specific specifics. Therefore, his conclusion must be taken more than seriously. In addition, the customer can terminate such an agreement, essentially, at any time. So the performer is initially interested in high-quality execution of the agreed actions, otherwise he may lose his income. Also, do not forget that when concluding such contracts, the contractor is often required to have a license. If an individual or enterprise does not have a license, there is simply no point in concluding an agreement with him. Indeed, if disagreements arise in court, such an agreement will be declared invalid, and it will be extremely difficult to obtain, for example, compensation for losses.