Services sign a contract. Standard contract for the provision of services: conditions, form, sample

The essential terms of the contract for the provision of services must be observed in it.

Without their indication or if the data is filled in incorrectly, problems may arise with the recognition of the agreement as invalid.

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

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

Civil Code Russian Federation the article defines the contract for the provision of services for compensation.

Paragraph one of this article states that such a contract is recognized 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 defines a list of possible varieties of such an agreement.

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

Form and decoration

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

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

However, this threatens with a 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 services strictly in writing. It is signed by the parties, which means their agreement with the terms of the transaction.

Documents of this type can be drawn up in a simple written form, which means that there is no obligation to certify them with a notary. This can be done if the participants in the transaction fear that errors may be made during self-compilation.

The law does not prohibit the involvement of specialists in the case, if the parties so desire. However, going to a notary public 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 the place and date of its conclusion. The body of the document then contains the following sections:

• Item. This should contain data about the service itself, describe all important points her execution.
• Validity. This section contains information on the date of entry into force of the agreement and its termination.
• The term of the service. It is necessary to establish the period in which the contractor must perform the service that is provided for by the agreement.
• Rights and obligations of the parties. The clause should contain all the important obligations of the contractor and the customer in relation to each other. The parties may change standard form contract and include in this paragraph all the parameters that they consider necessary.
• The procedure for terminating the agreement. The paragraph 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 the termination of the agreement.

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

Agreement conditions

Any agreement is based on the conditions that the parties put forward regarding the quality of the service performed and payment for it.

The participants in 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 out in the text of the agreement without fail.

These include:

• Put forward for the service being performed, including quality requirements, etc.
• Conditions for acceptance of completed work and refusal of it. However, in the event of a refusal due to reasons beyond the control of the contractor, the customer must reimburse all current costs incurred by the contractor.
• Rules and terms of payment, method of transferring money, etc.
• Actions of the parties in disputable situations, the procedure for resolving disagreements, etc.

The rule on the 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 on this matter are provided in the contract, the personal provision of the service by the contractor is assumed.

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 services

The law provides for the conditions, without the exact 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.

Such in the case of a contract for the provision of services is the subject of the contract.

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

The exact list of essential terms of the contract for the provision of services for compensation 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

In the preparation and interpretation of the contract for the provision of services, errors sometimes occur. 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 judicial order. This may lead to its invalidation, and all the corresponding consequences.

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

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

Under the contract agreement, the performer also performs actions, but the results will be a specific subject (object), separable from the activity itself.

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 to the composition of the obligation to provide services for a fee, but do not forget that some activities are licensed.

Sample contract

This is a basic template, the conditions can be specified, added, made more acceptable to one side 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 an advance payment, 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 of (registration certificate), hereinafter referred to as the Contractor, have entered into this agreement as follows.
1. Under the contract for the provision of services for a fee, the Contractor undertakes to provide the Customer with the services specified in clause 1.2 of this contract, and the Customer undertakes to pay for the ordered services.
1.1. The Contractor undertakes to provide the following services: _________________________________, hereinafter referred to as the Services.
1.2. Deadline for completion of work from "__" ______ 20 __ to "__" ______ 20 _ The Contractor has the right to complete the work ahead of schedule.
1.3. Services are considered rendered after the signing of the act of acceptance and transfer of Services by the Customer no later than 3 days after the end of the work performance period (see clause 1.2.).
2. Rights and Obligations of the parties
2.1. The Contractor undertakes:
2.1.1. Provide Services of adequate quality, in full and within the time period specified in clause 1.2. actual agreement.
2.1.2. At the request of the Customer, correct all identified deficiencies free of charge within 5 days.
2.1.3. The contractor is obliged to perform the work personally.
2.2. The customer is obliged:
2.2.1. The customer is obliged to pay for the work at the price specified in clause 3 of this agreement within _____ days from the date of signing the act of acceptance and delivery of the Services.
2.3. The customer has the right:
2.3.1. Refuse to execute the contract at any time before signing the act, paying the Contractor a part of the set price in proportion to the part of the Services rendered, 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 price of the contract is carried out by transferring funds to the settlement account of the Contractor specified in this contract no later than 5 banking days after signing the Transfer and Acceptance Certificate (see clause 1.3).
4. Liability of the parties
4.1. For violation of the term for the provision of the Services specified in clause 1.2 of this agreement, the Contractor pays the Customer a fine in the amount of ___% of the contract amount and a penalty at the rate of ___% of the contract amount for each day of delay.
4.2. Measures of responsibility of the parties not provided for in this agreement are applied in accordance with the norms of civil law in force in the territory of Russia.
4.3. The payment of the penalty does not release the Contractor from the fulfillment of its obligations or the 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 implementing the procedure for pre-trial settlement of disputes provided for by law, submit them for consideration in ________________ court.
6. Final provisions
6.1. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. Annexes to this agreement form its integral part.
6.2. This Agreement is made in two copies in Russian. Both copies are identical and have the same power. Each party has one copy of this agreement.

7. Addresses, details and signatures of the parties.

Customer: ______________

Artist: ______________

In order to form the correct concept of a contract for the provision of services on a reimbursable basis, it is necessary to determine the type of civil law relations regulated by this document. This type of contract can be attributed to the sphere of civil law relations if one of the parties provides the following types of services:

– medical services;
— audit and accounting services;
– information and advisory services and services of a lawyer;
– training services;
– consulting and travel services.

According to the Civil Code, a contract for the provision of services on a reimbursable basis can be concluded by two parties, one of them will be the "Customer", and the other "Execute". According to the contract, the contractor is obliged to perform certain actions, and the customer is obliged to pay for these services. These points should be reflected in the contract concluded by the parties.

To conclude a service agreement correctly, general phrases should not be used in the document. In order to avoid a dispute in the contract, it is necessary to prescribe a list of those specific actions that the contractor must do. As a subject for concluding a contract for the provision paid services there are certain actions or activities that the performer must perform. There is no material result after the actions of the contractor, therefore the customer is obliged to pay for the services.

It should be noted that the contract for the provision of paid services may be recognized as not concluded if it is impossible to identify the subject of the contract. In order for the contract to be concluded correctly and have legal force, it must clearly state the subject of the contract and the exact terms for fulfilling obligations. Separately, it must be said about the subject of the contract: it should be as close as possible to the services provided by the contractor. Terms of fulfillment of obligations are discussed by the parties separately and are prescribed in the contract. In the absence of this clause in the contract for the provision of services for a fee, the document may be canceled, because there are no deadlines for the fulfillment of obligations after the conclusion of an agreement of this type in the Civil Code.

The contract for the provision of services on a reimbursable basis must reflect the essential conditions and additional ones. Thus, the following additional conditions may be included in the contract:
– personal performance of the service and its specific cost;
- parameters of the quality of services provided and conditions of acceptance;
- a list of force majeure circumstances and the procedure for resolving disputes.

If the contract does not specify the party obliged to provide services, then the services are provided by the contractor personally. If the price of services is not specified in the contract, then it must be indicated in the appendix to the contract for the provision of services for compensation. Due to the fact that the contractor provides certain services and performs certain actions, the parameters of the quality of services should be reflected in the contract.
Acceptance of services on a reimbursable basis must occur within the time and in the manner specified in the document. After the acceptance of services, the customer is obliged to form an acceptance certificate, pay for the services of the contractor. After acceptance of services between the parties conflict situations should not arise, since the services of the contractor are considered rendered and paid.

In order to avoid disputes between the parties, the contract for the provision of services on a reimbursable basis must specify:
- the most accurate wording of the subject of the contract;
- to determine the responsibility for non-fulfillment of obligations;
- specify the terms for the provision of services;
- determine the price of services and prescribe the responsibility of the contractor for the low quality of services;
- specify the criteria for assessing the quality of services and the conditions for their acceptance.

Here you can view and download the template of the contract for the provision of services 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 by phone numbers listed on the site.

Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
The paid services agreement is consensual, bilateral and paid.
The subjects of the contract for the provision of services for a fee are the contractor (service provider) and the customer (service recipient). The Civil Code does not contain any special requirements for the subject composition of the obligation to provide services for a fee. However, special rules are established for the provision of certain types of services. Thus, activities for the provision of communication, audit, medical and some other services are subject to mandatory licensing.

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

1.2. The Contractor undertakes to provide the following services:

__________________________________,

__________________________________,

__________________________________.

hereinafter referred to as the "Services".

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

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

2. Rights and Obligations of the parties

2.1. The Contractor undertakes:

2.1.1. Provide Services of adequate quality.

2.1.2. Provide 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, correct all identified deficiencies free of charge within ____ days.

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

2.2. The customer is obliged:

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

2.3. The customer has the right:

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

2.3.2. Refuse to execute the contract at any time before signing the act, paying the Contractor a part of the set price in proportion to the part of the Services rendered, performed before receiving 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 agreement is: _________________________ rub.

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

4. Liability of the parties

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

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

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

5. Procedure for resolving disputes

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

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

6. Final provisions

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

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

Addresses, details and signatures of the parties.

Customer executive:

_____________________________ _______________________________

_____________________________ _______________________________

_____________________________ _______________________________

_____________________________ _______________________________

_____________/________________/ ________________/_______________/

Certain services demanded by one party and provided by the other on a reimbursable basis are regulated and secured by the relevant agreement.

A bilateral agreement in the form of a standard contract for the provision of services should contain a detailed description of the service itself and the conditions for its provision and payment, as well as some other positions in accordance with Civil Code(CC ch. 27,; Law No. 2300-1 on consumer protection 1992/07/02 edition 2016/03/07 ch. III).

This agreement is applicable to services of an educational, medical nature, as well as information, consulting, legal, tourism and some other areas, with the exception of those that are considered and regulated by the Civil Code in a separate order.

The salient features of the agreement are:

• the specificity of the subject matter of the contract;
• artist personalization.

The specificity of the service (s) within the framework of the contract lies in the performance of certain actions that are not aimed at creating a thing / material (CC Art. 779), but implying a different result.

The embodied result of activity is the subject of a work contract (CC Article 702), and according to a standard contract for the provision of services for a fee, the purposeful activity of the contractor is of particular value to the customer.

The personalization of the contractor in the service agreement is mandatory (CC Article 780), that is, the performing party of the contract undertakes to personally perform the agreed actions. The reassignment of performance (as in the contract of work of the Civil Code of Art. 706) is not allowed, unless a separate clause is specified in the text of the contract.

The essential terms of the contract are:

1. The subject of the agreement, or the essence of the obligation that the contractor assumes (GK Article 432; Decree of the Federal Antimonopoly Service of the Ural District 2010/17/03 No. F09-1571 / 10-C2 case No. A50-14201 / 2009). The description of a service (action) or a list of services (a set of actions) should be extremely detailed and clear and exclude vague generalizations.
2. Start and end dates, or timeframes for contractual activities (Resolution of the FAS ZSO 2010/02/03 case No. A27-9091/2009). Without specifying the terms, the contract will not be considered concluded, since in this case it is impossible to ascertain the fact of performance / non-performance of the service (CC art. 783,).

Other positions of the agreement can be considered by mutual agreement as essential, and therefore are reflected in the text of the agreement.

The terms of the contract, dictated by industry laws, are included in the body of the document if the parties have discussed, reached an agreement on these points and considered them essential (FZ No. 273 on education 2012/29/12; FZ No. 149 on IT 2006/27/07; FZ No. 132 on tourism 1996/24/11; PP No. 1006 on paid medical services 2012/04/10; PP No. 898 on veterinary services 1998/06/08; Federal Law No. 126 on communications 2003/07/07; Federal Law No. 176 on postal communications 1999/17/07; Federal Law No. 307 on audit 2008/30/12 and others).

Other features

Setting the price does not apply to the essential conditions (Determination of the Constitutional Court No. 1-P 2007/23/01), since in some cases it cannot be determined initially. Moreover, the amount of payment can be calculated according to the Civil Code Article 424. It should be remembered that the parties are free to set the amount of remuneration for the services rendered, which is strongly recommended to be reflected in the contract.

The salient features of a service agreement are:

• written execution of the document (CC Art. 161);
• the subject of the agreement are services of an intangible nature;
• contractual price and individual terms;
• payment for services is made on a contractual basis (CC Article 781), prepayment, staged payment, payment upon completion, as well as cash and cashless payments are possible;
• the possibility of unilateral refusal at any time with reimbursement of expenses / losses (Article 782);
• personal performance, unless otherwise specified (CC Art. 780), which implies the service of a specific specialist who has special education And professional experience in this area;
• redirection of obligations is not allowed.

The quality of the service provided is assessed based on the description of the content (subject of the contract) or on the basis of standard criteria for evaluating services of this kind (CC Art. 783, ). The criteria for acceptance of services by the customer (if possible) are specified in the agreement (CC Art. 783,). It should be assumed that a specific result is not always achievable and often cannot be described for objective reasons (for example, in the learning process).

The provision of a number of paid services is possible only if the contractor has a license and specialized education (medicine, audit, communications, and others).

The absence in the contract of clauses that are not mandatory (subject and terms) is not a basis for recognizing the document as invalid. On the contrary, the absence of significant positions in the contract classifies it as an unconcluded agreement.

Standard form of a service agreement

The service agreement is always bilateral and consensual. The service provider, or the contractor, who assumes the obligation to provide the service, and the customer, who needs the service, and therefore undertakes to pay for the actions of the specialist, are parties to the agreement.

The standard form of the contract usually includes:

• the content (description) of the contractual service, indicating the place of its provision;
• terms of submission;
• cost and payment scheme;
• quality assessment criteria;
• obligations and rights of the parties to the transaction;
• responsibility for failure to meet deadlines, cancellation of the contract and inadequate quality (incomplete volume), etc.;
• dispute resolution algorithm.

All possible changes in the terms of the contract and the necessary innovations are formalized by an additional bilateral agreement signed by the participants in the transaction.

This provision should be written in the body of the main contract.

Usually additional agreement it is natural and justified with a “long-playing” main contract, since over time the terms of payment for services may change and additional requirements for performance may appear.

An additional agreement extends the terms current contract if, due to circumstances, the demand for the service has remained relevant for the customer and has not exhausted itself.

It is also appropriate to mention in a separate paragraph the admissibility / inadmissibility of involving third parties to fulfill obligations under the contract.

At the same time, the possibility (necessity) of such involvement should be discussed and agreed upon by the parties at a preliminary stage.

Compilation rules

Written execution of the document is mandatory, notarization is not required.

At the same time, an agreement between two individuals can be oral if the amount of the transaction is up to 10 thousand (CC Art. 159, 161, paragraph 1, paragraph 2).

Payment is preferably confirmed by a receipt or receipt indicating the type of service, the date of its receipt and the amount of payment.

Ignoring the written form of the contract gives rise to the risks of receiving low-quality or incomplete services on the one hand and non-payment for actions on the other hand. Without a written document, the possibility of resolving disputes and conflict situations is practically absent. Perhaps the only justified verbal transaction for services would be to receive an instant paid consultation (the service is provided at the time of application).

The nuances of drawing up a contract for paid services:

1. The indication of the place and date of signing the contract is obligatory.
2. In the preamble of the agreement, it is necessary to indicate by name the parties to the agreement with as much information as possible about them. It should be noted that on behalf of the legal entity an IO or an acting agency cannot act, since they are not authorized to make decisions and conclude transactions (Resolution of the FAS MO No. KG-A41 / 10211-03 2004/09/01). The powers of the person signing the document must be confirmed (power of attorney, Charter).
3. The description of the subject of the agreement must be detailed and contain a detailed list of works. Generalized phrases cannot give rise to either rights or obligations. If the customer is interested in a specific way of performing the service, then this point should be specified in this paragraph. Otherwise, the service provider has the right to provide the service as it sees fit or convenient for itself (CC Art. 783,).
4. Failure to indicate the terms of the validity of the contract and the demand for services may cause it to be recognized as not concluded.
5. When determining the contract price, foreign currency cannot be indicated, which is a violation (CC art. 140,).
6. The payment algorithm for services should be clearly stated in the contract. Otherwise, you will have to pay for the actions of the service provider at his request within 7 days (CC Art. 314).
7. Documents that must be listed in the text (performer's license, a detailed list of works, and others) are attached to the contract.