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Contract for services. Service agreement for free: Online contract constructor, samples Download service agreement

15.01.2022

The current legislation of the Russian Federation provides for many types of civil law agreements.

Among such civil law agreements are fee-for-service agreement.

The contract for the provision of services is a bilateral legal agreement. According to a bilateral agreement, one party, called the contractor, undertakes to provide the second party - the customer - with a paid service. In other words, a contract for the provision of services for a fee involves mutually beneficial, voluntary, fruitful cooperation between two persons: the customer and the contractor.

Note that an agreement on the provision of services for compensation can be concluded both between individuals - citizens of the Russian Federation, and between legal entities - organizations.

Paid Services Agreement and the Civil Code of the Russian Federation

The contract for the provision of services for a fee is regulated by the Civil Code of the Russian Federation (Civil Code). The rules of conduct of the parties are prescribed in chapter 39 of Art. 783 GK. The Civil Code of the Russian Federation defines contracts for the provision of services as agreements according to which one party - the contractor - undertakes to provide a certain service for the other party - the customer, which guarantees subsequent payment for the result obtained.

The subject of the contract are communication services, medical, veterinary, auditing, consulting, information services, training services, tourism services, etc.

Conditions of the Contract for the Provision of Services

As a rule, contracts for the provision of services for a fee contain several standard clauses. Thus, in contracts for the provision of services for a fee, the terms for the performance of work and the provision of services by the contractor should be clearly stated. Also, in contracts for the provision of services for a fee, a mechanism for paying by the customer for work or services should be prescribed. In addition, the place of performance of work must be fixed in contracts for the provision of services.

In addition, contracts for the provision of services for compensation must contain a clause reflecting the subject of the contract.

If necessary, in contracts for the provision of services for a fee, a list of specific actions that the contractor must perform should be provided. At the same time, it is important not to allow too vague or general wording in the text of the contract. If it is not clear what exactly the contractor needs to do, then the subject of the contract will be considered inconsistent.

Thus, the contract for the provision of services for compensation must contain essential conditions, that is, conditions without which the bilateral agreement cannot be considered valid.

Each separately drafted agreement may contain three types of conditions:

    mandatory;

    additional;

    random.

Mandatory conditions are: the subject of the transaction, the timing of execution and the amount of remuneration and the procedure for its payment.

Great importance is given to the subject, that is, the exact description of the work, the place and the date of its execution.

Additional conditions are negotiated on an individual basis and depend on the specifics of the service itself. Here, the parties stipulate the quality of work, the place and time of the work, the provision of services, the participation of third parties in the process, and many other nuances.

In addition, the document must indicate the rights and obligations of the parties, their liability in case of dishonest performance of their duties.

In view of the foregoing, we can conclude that the contract for the provision of services for compensation should be drawn up as accurately as possible, that is, contain all the essential conditions. This will help to avoid later disputes between the customer and the contractor.

Obligations of the contractor under the contract for the provision of services

Paid provision of services within the framework of a contract for the provision of services for a fee implies a significant amount of obligations assigned to the contractor. Such obligations under the contract for the provision of services include the following.

Firstly, the contractor is obliged to provide the customer with complete and comprehensive information about himself (for example, statutory documents, data on valid licenses, certificate of state registration, certificate of registration with tax authorities, financial statements, actual address of the company's office, etc.) .

Secondly, the contractor is obliged to provide the service exactly on time specified in the contract. An exception to this rule may be cases where the delay in the provision of services is due to force majeure.

Thirdly, the performer, on the basis of Article 780 of the Civil Code of Russia, must provide his services under the contract for the provision of services in person. Moreover, if an agreement is reached with the customer, then part of the work can be entrusted to third parties.

The rights of the customer under the contract for the provision of services

Since the contract implies the provision of services for a fee, the customer is endowed with substantial rights. These customer rights include the following rights.

Firstly, the customer, in the event of a delay in the provision of services, may require the contractor to pay a daily penalty in the amount of 3% of the cost of the provision of services.

Secondly, even in the event that the contractor does his work under the contract for the provision of services properly and fits exactly on time, the customer may refuse further cooperation for the following reasons:

Contracts for the provision of services for a fee are binding in terms of the provision of services or the performance of work from start to finish only for the contractor. Moreover, if the customer exercised this right and terminated the contract, then in this case, however, the customer must pay for the already rendered volume of services. Note that the customer is obliged to notify the contractor of the desire to refuse further cooperation and terminate the contract strictly in writing.

When the contract for the provision of services is considered fulfilled

The fact of fulfillment of the terms of the contract for the provision of services for a fee is recognized at the time of signing the acceptance certificate.

Refusal of the customer from the services of the contractor under the contract for the provision of services

According to Article 782 of the Civil Code of Russia, the customer may, without giving reasons and unilaterally, inform the contractor about his refusal to provide services. There can be no restrictions on this right in the contract. The only case when the customer cannot refuse the concluded transaction is when the work has already been done or the service has been rendered, and the appropriate act of acceptance of the work performed or the services rendered has been signed.

If the customer exercised his right and refused the services of the contractor, then the customer must:

firstly, notify the contractor in writing;

second, stop the actual use of the services.

The contractor, in turn, has the right to demand monetary compensation for work already performed or services rendered.


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AGREEMENT No. 92

from _____________

Fire Safety CJSC, 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 of 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 transferring funds to the settlement account of the contractor or in other ways provided for by the legislation of the Russian Federation according to the 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 for payment.
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 moment the parties sign 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. Perform the work on your own and from your own 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.

What is a standard service agreement? An agreement is a legally executed formalized agreement between the parties to perform and pay for various services. With the help of our research, you will be able to get a clear picture for yourself of what nuances must be taken into account when drawing up a contract for the provision of services, which rules can be taken more lightly, and on the basis of what legislative framework model contracts are drawn up.

We will consider the following points: the form of a standard contract, what is it and how do the official parties concluding the contract behave, for what purpose is an additional. Agreement to the contract and what should be the standard form of the contract.

What is a Standard Service Agreement?

The Civil Code of the Russian Federation, which regulates contractual obligations, clarifies the question of what it is and how it differs service agreement from contracts.

Briefly, the essence of the contract is as follows: two parties participate in the contract, they agree that one party undertakes to perform the service in the form of any actions, and the second party undertakes to pay for the work performed in time in the volume of services provided. What is important in this type of contracts is its personal nature, which gives this type of contracts a resemblance to, that is, the person who is registered in the contract as the contractor, and must provide these services. If we were dealing with a work contract, then the contractor, on the contrary, has the right to hire another contractor to fulfill contractual obligations. Relations with this contractor will be regulated by a subcontract.

In addition to the employment contract, service agreement has many similarities with the contract. However, the essential difference between these contracts is the result: if in the contract the result of the execution of the contract is the material value that has arisen, for example, a bridge or a house built by the contractor, then in the service contract there is no need for this. For example, the search and registration of the purchase of this house by a real estate agency is regulated precisely by a service agreement.

It should be noted that in addition to ordinary services, the performance of which is regulated by a service contract in accordance with the Civil Code of the Russian Federation, there are many complex services, the performance of which is also controlled by special legislation. Such services include medical, advertising and legal services, to determine all the nuances of which the usual agreement of the parties will be clearly not enough.

Form of a model contract for the provision of services, parties to the contract and a model agreement form

In a service agreement, as the name implies, two parties must participate:

  • The customer of the service is a party that undertakes to accept the work and pay for it.
  • Contractor - that is, a person who undertakes to perform an ordered service or a set of services.

In this type of contract, both the customer and the contractor can be both an individual and a legal entity. There are no special requirements for the parties to the contract in the Civil Code of the Russian Federation.

In a situation where the customer is a person, and the contractor is an entrepreneur without legal education. person or organization, services are called household. In this case, the regulation of relations between the parties to this agreement includes the rules of consumer services for the population and

For agreements, the amount of which does not exceed 10 thousand rubles, a written contract is not required, although in most cases the contract is still drawn up.

For household services performed in the presence of the customer, the registration of relations is carried out by the transfer of a paid cash receipt, in other cases, registration can take place both in the form of a signed contract and in the form of a completed receipt. The receipt must list all important and necessary conditions.

Essential conditions and additional requirements of the contract for the provision of services

Each contract for the provision of services for a fee must contain the following necessary conditions (they are also called essential):

  • The first is the subject of the contract, that is, a description of the essence of the service, up to the listing of the necessary and quite specific actions that must be performed by the contractor in order for the service to be considered completed. The service must be spelled out in the contract with all clarity, excluding any ambiguous interpretations.
  • The second essential condition is the timing of the start of the provision of services and their completion, when the service must be performed.

These are the necessary conditions. In addition to them, the contract may reflect additional conditions that it is advisable to include there to avoid various interpretations. Additional conditions include:

  1. Place of performance of the agreed service
  2. Service quality requirements
  3. The cost of the services provided. In the absence of such a clause in the contract, it is usually assumed that the price of the service for the customer is equal to the average amount that is usually charged for a similar service.
  4. Responsibility of the parties for failure to comply with the terms of the contract. For example, paying a fine for inadequate work quality.
  5. Other conditions included in the text of the contract at the request of the parties, depending on the type of work.

In addition to these conditions, you can add to your fee-for-service contract also extra. the condition of prepayment, both full and partial, and, if necessary, formalize the right of the contractor to involve any third parties in the performance of work on the performance of the service.

Additional agreement when concluding a standard contract for the provision of services

A common practice is the execution of additional agreements to the contract already in the course of work.

This condition is implemented when, in the course of work to fulfill the terms of the contract, previously not obvious conditions arise that are important for the implementation of the transaction, or when there is an obvious need for both parties to make changes to the already executed terms of the transaction.

An additional agreement is drawn up as an annex to the main agreement and its integral part.

The parties resort to such additional agreement most often in the case of a long term of the contract, during the execution of which conditions arise for price adjustments. For example: if an educational contract is concluded for the entire period of study, which is several years, then the annual increase in the price of tuition is drawn up with just such an additional fee. agreement to the contract. The second example is add. an agreement is drawn up to change the procedure for considering disagreements between the parties, to extend the term of the contract, to introduce new conditions for prepayment, etc.

The provision of services, in comparison with other types of entrepreneurial activity, has the essential difference that after the fulfillment of all obligations of the parties there is no material result.

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

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

Legislative regulation

The procedure for registration and execution is regulated by the Civil Code of the Russian Federation (Ch. 39), as well as regulations corresponding to a specific type of activity.

Design rules

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

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

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Contract structure

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

  • Parties - in this case, the contractor and the customer;
  • Subject of the contract – description of the service;
  • Amount and method of payment;
  • Validity period, terms of the service;
  • Rights and obligations of the parties;
  • Responsibility of the parties;
  • Settlement of disputes;
  • Termination conditions and .

Additionally, it should be noted that this type of contract is personal, that is, the service must be provided by the person who acts as the contractor under the contract. If it is planned to delegate all or part of the work to third parties, this fact must be specified in the contract separately.

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

One of the most important terms of the contract is description of the end result of the work and criteria for the quality of its implementation, as well as a way for the customer to confirm acceptance of the work.

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

Essential terms of the contract

In order for this document to have legal force, its text must contain essential terms for this type of contract. Conditions are considered essential, the presence of which is mandatory in a contract of any kind.

For the provision of services, this condition is subject of the contract. Since, in addition to the Civil Code of the Russian Federation, certain types of services are additionally regulated by regulatory legal acts and federal laws, they may also contain requirements for the presence of additional essential conditions, so this item must be clarified separately for each type of activity.

Features of the conclusion of these types of contracts

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

In the text of the agreement in this case must be contained"Acting as an individual" clause. This postscript is made after the name of the performer in the place where the basis of the activity should be indicated.

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

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

Types of services provided under the contract

With the obligatory presence of the above standard clauses and conditions, contracts for specific types of services also have their own distinctive features.

Transport services usually imply on behalf of the customer at his expense. Since the customer transfers the property for transportation, the contract must contain clause on the responsibility of the carrier for the safety of the entrusted property. When transporting large quantities or especially valuable goods, the contract may contain a condition on compulsory insurance. Execution confirmation is .

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

Provision of medical services has a direct impact on the health and physical condition of the customer, so the liability of the contractor for causing harm to life and health should be spelled out in particular detail. Among other things, the contractor is responsible for maintaining the confidentiality of information about the customer's health, which must also be stated in the contract. Conditions for providing confidential information to third parties are negotiated separately.

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

Treaty rendering should additionally contain the scope of work and deadlines. Since it is not uncommon for the contractor to be granted access to the residential and commercial premises of the customer, often in his absence, it is necessary to additionally provide for responsibility for the safety of property and valuables.

Legal services imply the performance of actions on behalf of the customer in his interests. When concluding a contract for the provision of legal services, it must be taken into account that one of the parties to the contract will be a professional lawyer, who, in most cases, is involved in the preparation of this contract. With a high degree of probability, it can be assumed that the interests of a lawyer under the contract will be protected as much as possible, so the customer must pay attention to the observance of their rights and legitimate interests. In many cases, when concluding a contract, a power of attorney is required to conduct business on behalf of the customer, receive property and funds.

Agreement for provision of educational services can be two- and three-sided, that is, between the performer and the customer or between the performer, the customer and the student. If the service is provided for a fee, you must specify the duration of training and the periods for which payment is made. In most cases, the cost of one training period is not fixed and can be increased or decreased depending on the terms of the contract. Since tuition costs are the basis for receiving, the contract must initially be concluded with the person who intends to receive a tax refund. A mandatory annex to the contract must be a curriculum or a list of subjects to be studied.

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

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

The emergence of disputes

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

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

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