How to properly draw up a service contract. Standard contract for the provision of services - legal features of registration. Typical mistakes when concluding a contract for the provision of services

Under an agreement on the provision of services, one person undertakes an obligation to perform certain actions (services), and the other party undertakes to pay for them. The most important feature of this agreement is its personal nature, that is, to provide a service by general rule, must be exactly the person on whom such an obligation is imposed by the contract. This shows the similarities between a service agreement and labor contract.

The Civil Code regulates the model contract for the provision of services, although there are many different types services (legal, medical, advertising, etc.), the procedure for the provision of which (for example, postal), in addition to the Civil Code of the Russian Federation, is regulated by special laws. In other cases, all points not provided for by the Civil Code are determined by mutual agreement of the parties.

Lot general agreement for the performance of services has a work contract under which various jobs... But in the provision of services, unlike a contract, no material result appears (for example, the construction of a house is carried out on the basis of a contract, and a realtor's activities to find suitable real estate for a client are carried out under a service contract). By virtue of the law, the contractor has the right to involve another person in the performance of the work by concluding a subcontract agreement with him. As for the services, on the contrary, they must be provided personally, unless the opposite is stipulated in the contract itself.

The parties and the form of the contract for the provision of services. Where can I download the agreement form?

The parties to the service agreement are:

performer - a person who undertakes to perform services;
customer - a party that is responsible for paying for services.

The law does not impose any special requirements on the named entities; both individuals and legal entities can act as any of them. In a situation where the performer is an individual entrepreneur either commercial organization, and the customer is a citizen (who needs the service for non-commercial purposes), the services are called household services. The rights and obligations of the parties in the provision of consumer services are regulated by the law "On Protection of Consumer Rights", as well as by the rules of consumer services for the population.

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In most cases, an agreement for the provision of services is drawn up in writing, although an oral conclusion of an agreement is also allowed between citizens if the cost of services does not exceed 10 thousand rubles.

As for personal services, the contract for their implementation can be drawn up both in a standard form and by filling out a receipt. At the same time, it must necessarily reflect all the essential terms of the contract. If the consumer service is performed directly in the presence of the customer, then it is enough for the contractor to issue cashier's check or another document confirming payment.

The form of a standard contract for the provision of services can be found on our website.

Essential terms of the contract for the provision of paid services, additional requirements

The essential, that is, necessary, conditions of such an agreement include:

Subject of the contract - concrete actionsthat the performer must perform, or the activity that he must perform. The essence of the service provided must be clearly stated in the contract.
Terms of commencement and completion of the provision of services.

Any sample model contract for the provision of services should include these provisions.

In addition to the above, in the text of the standard contract for the provision of services, it is advisable to reflect the following additional conditions:

the cost of services (if this condition is not spelled out in the contract, the customer must pay the amount usually charged for similar services);
requirements for the quality of the service provided;
place of performance of services;
responsibility of the parties for failure to fulfill their obligations (for example, the amount of the penalty for violation of the terms of payment);
other conditions depending on the type of service.

In addition, the contract may reflect:

condition on full or partial prepayment;
the right of the contractor to involve third parties in the performance of services.

Why is an additional agreement drawn up to the contract for the provision of construction, transport and other services?

It happens that during the implementation of the service agreement, the parties draw up an additional agreement to it. It is drawn up if there is a need to change one or more terms of the transaction or to agree on a new condition that was not previously prescribed in the text of the agreement. Such an agreement is concluded in the same form as the main contract.

Most often, the need for an additional agreement appears when the agreement is concluded for a long time. For example, in the course of rendering educational services annual increase in tuition fees for contract students is issued additional. agreement to the agreement with the university. In addition, add. the agreement may be concluded to extend the term of the contract, change the amount of the penalty, establish or cancel a mandatory pre-trial order consideration of disagreements, introduction of a prepayment condition and many other cases.

A Reimbursable Service Agreement is a bilateral legal agreement. According to the mutual agreement, one party, called the performer, undertakes to provide the second, that is, the customer, a service on a paid basis.

Speaking in simple words, a contract for the provision of services for compensation implies mutually beneficial, voluntary, fruitful cooperation between two persons: the customer and the contractor.

General Provisions

At first glance, this agreement looks like a work contract. But in the first case, the object of agreement is not a material object.

In other words, the contractor receives a remuneration for a completed order or a manufactured item, and a paid service is the performance of a certain action by the performer in favor of the customer.

A simple example is providing mobile communications... The parties to the transaction, that is, the customer and the contractor, can be citizens with any legal status, legal entities or individuals.

Terms of an agreement

The contract for the provision of services for a fee has essential conditions, that is, those without which the bilateral agreement cannot be considered valid. Each separately drawn up agreement may contain three types of conditions:

mandatory;
additional;
random.

The prerequisites are: the subject of the transaction, the timing and the amount of remuneration and the procedure for its payment. Much attention is paid to the subject, that is, an accurate description of the work, place and time of its execution.

Additional conditions are discussed in individually and depend on the specifics of the service itself. Here the parties negotiate the quality of the work, the place and time of its provision, the participation of third parties in the process and many others.

In addition, the document indicates the rights and obligations of the parties, their responsibility in case of unfair performance of their duties.

The contract for the provision of services for compensation must be drawn up as accurately as possible, that is, contain all the essential conditions. This will help to avoid subsequently disputes between the customer and the contractor.

The legislative framework

The contract for the provision of services for compensation is regulated by the Civil Code of the Russian Federation (Civil Code). The rules of conduct for the parties are spelled out in Chapter 39 of Art. 783 Civil Code.

According to russian legislation the contractor is obliged to fulfill all the conditions, and the customer must pay for the work. Unless otherwise provided by the terms of the contract, the contractor shall provide services personally.

In the event that the work cannot be performed through the fault of the customer, then he is obliged to pay the amount specified in the contract in full.

When the contractor's obligations were not fulfilled due to circumstances beyond the control of the parties, the customer pays for the work in part, the amount is a multiple of the costs incurred by the contractor.

Business relations can be terminated unilaterally. If the customer is the initiator, then he pays the contractor the amount of losses incurred by him.

The contractor can refuse the transaction and compensate the customer for the damage suffered by him.

Contract conclusion procedure

The agreement can be concluded both between individuals and between legal entities. But there are some differences and nuances here.

If the transaction is carried out, for example, between two organizations or private entrepreneurs, then the agreement is concluded in writing.

In this case, each condition is prescribed in the contract, for example, the volume of the service, the term of its performance, the timing and procedure for payment, the cost of work.

If a transaction is concluded between a legal entity and an individual, then there are several nuances in the formation of its content.

For example, a company can enter into a deal with a loader to carry out unloading and loading operations, but at the same time the employee is not a full-time employee of the company.

It is important here to designate the conditions in such a way that the relationship between an individual and a legal entity does not turn into labor.

How to prevent transition:

It should be pointed out that relations are governed by Art. 39 of the Civil Code of the Russian Federation.
The employee is called the performer.
The contractor is not obliged to obey the internal requirements of the enterprise, but only those specified in the contract.
The employee is not provided sick leave and vacation at the expense of the customer.
Payment for work is carried out at a time and in full or in stages.
The contractor is not included in the staff of the enterprise, and employment history is not issued.

By prescribing all of the above conditions in the contract for the provision of paid services with an individual, the company protects itself from possible disputes and proceedings with regulatory authorities.

If the parties to the transaction are individuals, then there are some nuances:

If the amount of payment according to the agreement is small, then the parties may not sign the agreement and agree orally.
If the amount under the agreement exceeds 10 minimum wages labor, then a written contract with an individual is required.
Notarization is required only if one of the parties, for objective reasons, cannot sign the document and a representative acts in its role.

Examples of simple agreements between individuals quite a bit of. One of them is the provision of hairdressing services at home.

Sample

More precisely, the clauses of the agreement depend on many circumstances. Below is a sample contract for the provision of services for a fee.

This is the simplest form of agreement. In some cases, other points may be present, for example, what will be the cost of the forfeit if one of the parties to the transaction decides to terminate business relationship unilaterally.

This transaction is legally binding, respectively, each party to the agreement assumes obligations.

For non-compliance with all the conditions listed in the agreement, the parties are responsible in accordance with the legislation of the Russian Federation.

If verbally agreed, it will be extremely difficult for the injured party to defend its position, so do not neglect the written form.

Essential terms of the service agreement

By contract for the provision of services the performer undertakes, on the instructions of the customer, to provide services (to perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (Clause 1 of Article 779 of the Civil Code of the Russian Federation).

The contract for the provision of paid services is concluded for:

auditing services;

information Services;

medical services;

tourist services;

This list is not exhaustive.

The relations of the parties under the contract for the provision of services for compensation are regulated by Chapter 39 of the Civil Code of the Russian Federation. According to Article 783 of the Civil Code, general provisions on the contract (Articles 702-729 of the Civil Code) and provisions on household contracts (Articles 730-739 of the Civil Code) are applied to the contract for the provision of services for a fee, if this does not contradict the special rules on this contract (Articles 779 - 782 of the Civil Code) , as well as the peculiarities of the subject of the contract for the provision of paid services.

When rendering certain types services, the parties to the contract, in addition to the Civil Code, are also obliged to follow the norms of special legislation. For example, the provision of communication services is regulated by the Law "On Communications" and the Rules for the Provision of Communication Services, which define both the essential conditions for the provision of mobile communication services and other conditions for the provision of this type of service that are mandatory for inclusion in the contract.

In some cases, the contract for the provision of paid services is public, therefore, the Law of the Russian Federation "" is applied to the relations of the parties under such an agreement.

Below is posted standard form service agreement. Of course, one must understand that each agreement is unique and its terms depend on the characteristics of a number of conditions and the will of the parties. Nevertheless, there are conditions (they are called) that must contain any contract for the provision of services and without which the contract is considered not concluded. The essential conditions of the service agreement include the conditions that determine the specific type of service provided (clause 1 of article 779 of the Civil Code of the Russian Federation), i.e.:

The general provisions on (Art. 702 - 729 of the Civil Code) and provisions on household contracts (Art. Art. 730 - 739 of the Civil Code) apply to the agreement, if this does not contradict the norms of Ch. 39 of the Civil Code, as well as the peculiarities of the subject of the contract for the provision of paid services (Art. 783 Civil Code).

Because the:

the result obtained from the service cannot be seen and touched;

the service itself is consumed at the time of delivery to the customer;

the service is considered rendered after the signing of the acceptance certificate for the services rendered;

for accounting and tax accounting it is necessary to prove the fact of providing services,

therefore, the execution of primary documents is important for both the customer and the contractor.

To reflect services, the main documents are:

Service agreement;

Invoice (invoice) of the service provider;

Typical form of service agreement

city \u200b\u200b____________________

"__" ________ 201__

What mistakes are made most often in the preamble of the treaty

1. The Subject of the Agreement

1.1. The Contractor undertakes to provide the Customer with services (hereinafter referred to as the Services) listed in the List of Services Rendered, which is integral part Of the Agreement (Appendix No. 1), and the Customer undertakes to pay for these Services.

1.2. The Contractor undertakes to provide the Services personally.

1.3. The terms for the provision of the Services are defined in the List of Services Rendered (Appendix No. 1).

What mistakes are made most often in the subject of the contract

2. Order of delivery and acceptance of services

2.1. Upon the provision of the Services, the Contractor submits to the Customer for signing (Appendix No. 2) in two copies.

2.2. Within 7 days after receiving the Certificate of Acceptance and Delivery of the Services Rendered, the Customer is obliged to sign it and send one copy to the Contractor, or, if there are any deficiencies, to provide the Contractor with a reasoned refusal to sign it.

2.3. In the event of any deficiencies, the Contractor undertakes to eliminate them within 14 days from the date of receipt of the relevant claims from the Customer.

2.4. Services are considered rendered from the moment the Parties sign the Acceptance Certificate for the rendered services.

3. Contract price and settlement procedure

3.1. The total cost of the Services is ____ (___________________) rubles, including VAT _____ (__________) rubles.

3.2. The Customer pays for the Services in the following order (select the desired one / it is possible to establish a different payment procedure): part of the cost of the Services in the amount of _____ (__________) rubles, including VAT _____ (__________) rubles, the Customer pays before the Contractor starts rendering services (prepayment ), the remaining part of the cost of the Services in the amount of _____ (__________) rubles, including VAT _____ (__________) rubles, the Customer pays within _____ days after the Parties signed the Acceptance Certificate for the services rendered.

6.4. Any changes and additions to this agreement are valid only provided that they are made in writing and signed by the authorized representatives of the parties. Appendices to this agreement constitute its integral part.

6.5. This agreement has been drawn up in two copies in Russian. Both copies are identical and equally valid. Each of the parties has one copy of this agreement.

6.6. Attached to the agreement:

6.6.1. List of services provided

6.6.2. Service acceptance certificate

7. LEGAL ADDRESSES OF THE PARTIES

current account No. __________________________ with the Bank _______________

Contractor: _______________________________ (address of location)

current account No. __________________________ with the Bank _______________

SIGNATURES OF THE PARTIES:

How to draw up an act of acceptance of the services rendered correctly

Appendix No. 2
to the Reimbursable Agreement
provision of services No. ____ dated "___" ___________ _____

Delivery-acceptance certificate of services rendered

city \u200b\u200b____________________

"__" ________ 201__

Romashka LLC, hereinafter referred to as the "Customer", represented by the General Director ____________________, acting on the basis of the Charter, on the one hand, and Odnodnevka LLC, hereinafter referred to as the "Contractor", represented by the Director ____________________, acting on the basis of the Charter, on the other hand, we have drawn up this Act of acceptance and delivery of services rendered (hereinafter referred to as the Act) under the Contract for Paid Services No. ___ dated "___" ___________ _____ (hereinafter referred to as the Contract) on the following.

In pursuance of clause 1.1 of the Agreement, the Contractor, in the period from "__" _______ ___ to "__" _______ ___, fulfilled the obligations to provide services, namely, provided the Customer with the following services:

________________________________________

________________________________________

The above services were completed in full and on time. The customer has no complaints about the volume, quality and timing of services.

According to the Agreement, the total cost of the services rendered is _____ (__________) rubles, including VAT __% in the amount of _______ (__________) rubles.

The total amount of the transferred advance was _____ (__________) rubles, including VAT __% in the amount of _______ (__________) rubles.
Under this Act, _____ (__________) rubles are receivable, including VAT ___% in the amount of _____ (__________) rubles.

This Act is drawn up in two copies, one for the Contractor and the Customer.

By customer:
CEO
LLC "Romashka"

Surname I.O.
m.

From the Contractor:
Director
LLC "Odnodnevka"

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

The contract for the provision of services for compensation is consensual, bilateral and for compensation.

The subjects of the contract for the provision of paid services 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 paid services. However, special rules are established for the provision of certain types of services. Thus, the activities for the provision of communication services, auditing, medical and some others are subject to mandatory licensing.

Model contract

SERVICE AGREEMENT

_________________ "___" __________ 20 __

________________________________

(organization name 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, power of attorney)

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

1. The Subject of the Agreement

1.1. 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 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 "Services".

1.3. The term of work execution is from "__" ______ 20 __ to "__" ______ 20 _. The Contractor has the right to complete the work ahead of schedule.

1.4. The Services are considered rendered after the signing of the acceptance certificate for the 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 the Services in full and within the time period specified in clause 1.3. actual agreement.

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

2.1.4. The contractor is obliged to do 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. At any time, check the progress and quality of the work performed by the Contractor, without interfering with his activities.

2.3.2. To refuse to execute the contract at any time before the signing of the act, by paying the Contractor a part of the established price in proportion to the part of the Services provided, performed before receiving a notice of the Customer's refusal to perform 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 contract is: _________________________ rubles.

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

4. Responsibility 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 shall pay the Customer a fine in the amount of ___% of the amount of the contract and a penalty at the rate of ___% of the amount of the contract for each day of delay.

4.2. The parties' liability measures not provided for in this agreement are applied in accordance with the norms of civil legislation in force on the territory of Russia.

4.3. The payment of the penalty does not relieve the Contractor from performing the
obligations or elimination of 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 the implementation of the procedure for pre-trial settlement of disagreements provided for by the legislation, shall submit them for consideration in the ________________ court.

6. Final provisions

6.1. Any changes and additions to this agreement are valid only provided that they are made in writing and signed by the authorized representatives of the parties. Appendices to this agreement constitute its integral part.

6.2. This agreement has been drawn up in two copies in Russian. Both copies are identical and equally valid. Each of the parties has one copy of this agreement.