Agreement for provision or provision. Essential terms of the service agreement

The essential terms of the contract for the provision of paid services must be complied with.

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

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

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

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

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

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

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

Form and design

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

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

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

To avoid problems and disagreements, it is better to draw up a contract for the provision of paid services strictly in writing. It is signed by the parties, which means they agree to the terms of the transaction.

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

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

Structure and content

The contract usually consists of several clauses and has a special structure. At the very beginning its name is indicated, below is the place and date of its conclusion. After this, the main body of the document contains the following sections:

• Item. This should contain information about the service itself and describe all the important aspects of its execution.
• Validity. This section contains information on the date of entry into force of the agreement and its termination.
• Duration of service provision. It is necessary to establish a period within which the contractor must perform the service provided for in the agreement.
• Rights and obligations of the parties. The clause must contain all the important obligations of the contractor and the customer in relation to each other. The parties can modify the standard form of the agreement and include in this clause all the parameters that they consider necessary.
• Procedure for terminating the agreement. The clause contains the conditions under which the parties can terminate the contract and the consequences of such actions. There may be an exhaustive list of all circumstances the occurrence of which entails termination of the agreement.

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

Agreement conditions

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

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

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

These include:

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

The rule on personal performance of services is established by law in an article of the Civil Code of the Russian Federation. That is why, if no additional conditions are provided for in this regard in the contract, the service is assumed to be personally provided by the contractor.

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

Essential terms of the contract for the provision of paid services

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

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

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

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

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

Common mistakes

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

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

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

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

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:

• paid educational;
• communications;
• security;
• in the field of public utilities;
• audit;
• paid medical.

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 an agreement 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.

Here you can view and download a service agreement template for 2018 in a format convenient for you. Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website.

Under a contract for the provision of services for a fee, the contractor undertakes to provide services on the instructions of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
The contract for the provision of services for a fee is consensual, bilateral and for a fee.
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, activities related to the provision of communication, auditing, medical and some other services are subject to mandatory licensing.

New sample 2019

SERVICE AGREEMENT

_________________ "___" __________ 20 __

________________________________

(name of organization or full name)

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

(company name or full name)

acting on the basis of _____________________________________________,

(charter, regulations, 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 agreement, and the Customer undertakes to pay for the ordered services.

1.2. The Contractor undertakes to provide the following services:

__________________________________,

__________________________________,

__________________________________.

hereinafter referred to as the “Services”.

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

1.4. Services are considered provided after signing the Certificate of Acceptance and Delivery of Services by the Customer or his authorized representative.

2. Rights and Obligations of the parties

2.1. The Contractor undertakes:

2.1.1. Provide Services of appropriate quality.

2.1.2. Provide Services in full and on time specified in clause 1.3. actual agreement.

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

2.1.4. 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. At all times, check the progress and quality of the work performed by the Contractor, without interfering with his activities.

2.3.2. 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. Contract price and payment procedure

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

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

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

4. Responsibility of the parties

4.1. For violation of the term for the provision of Services specified in clause 1.3 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.
obligations or elimination of 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.

Addresses, details and signatures of the parties.

Customer executive:

_____________________________ _______________________________

_____________________________ _______________________________

_____________________________ _______________________________

_____________________________ _______________________________

_____________/________________/ ________________/_______________/

A contract for the provision of services is a bilateral legal agreement. According to a mutual agreement, one party, called the contractor, undertakes to provide the second, that is, the customer, with a service on a paid basis.

In simple words, a contract for the provision of paid services involves mutually beneficial, voluntary, fruitful cooperation between two persons: the customer and the contractor.

General provisions

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

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

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

Agreement conditions

A contract for the provision of paid services 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.

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, an accurate description of the work, place and deadline for its execution.

Additional conditions are negotiated individually and depend on the specifics of the service itself. Here the parties discuss 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 specifies the rights and obligations of the parties, their liability in case of dishonest performance of their duties.

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

The legislative framework

The contract for the provision of paid services is regulated by the Civil Code of the Russian Federation (Civil Code). The norms of conduct of the parties are prescribed in Chapter 39 of Art. 783 Civil Code.

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

If the work cannot be completed due to 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 being a multiple of the expenses incurred by the contractor.

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

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

Procedure for concluding a contract

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

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

Moreover, each condition is specified in the contract, for example, the scope of the service, the deadline for its execution, the terms and procedure for payment, the cost of the work.

If a transaction is concluded between a legal entity and an individual, then there are several nuances when forming its content.

For example, a company may 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.

Here it is important to define 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 noted that relations are regulated 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 with sick leave or vacation at the expense of the customer.
• Payment for work is made at a time and in full or in stages.
• The contractor is not included in the personnel of the enterprise, and the work book is not issued.

By specifying all of the above conditions in a 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, then a written agreement 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 his role.

There are many examples of simple agreements between individuals. 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.

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

This transaction has legal force; accordingly, each party to the agreement assumes obligations.

For failure to comply with all the conditions listed in the agreement, the parties are liable in accordance with the legislation of the Russian Federation.

With oral agreement, it will be extremely difficult for the injured party to defend its position, so do not neglect the written form.

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.

7. Addresses, details and signatures of the parties.

Customer: ______________

Artist: ______________