Company agreement on the provision of services. Model contract for the provision of services - legal features of registration

16.10.2019

Read also

The document blank "Sample contract for the provision of services" refers to the heading "Contract for the provision of services, outstaffing". Save the link to the document on social networks or download it to your computer.

CONTRACT
for the provision of services

Moscow "___" __________ ___

Limited Liability Company "______________", hereinafter referred to as the "Contractor", represented by the Director _________________________, acting on the basis of the Charter, on the one hand, and _____________________________________________, hereinafter referred to as the "Customer", on the other hand, collectively referred to as the "Parties", have concluded this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide the Customer with services on __________________________.
1.2. The customer undertakes to pay for the services of the Contractor in the manner, within the time frame and on the terms determined by this Agreement.
1.3. The types of services provided, the procedure and other conditions for the provision are determined by the Parties in Appendix No. 1 to this Agreement, which is its integral part.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The contractor is obliged:
2.1.1. Provide the services specified in Appendix No. 1 to this Agreement in full and within the terms agreed by the Parties.
2.1.2. Provide the Customer with information on the progress of the execution of this Agreement at the relevant requests of the Customer.
2.1.3. Observe the confidentiality of the information provided by the Customer in accordance with section 5 of this Agreement.
2.2. The contractor has the right:
2.2.1. Demand from the Customer the necessary information and documents, make copies of the documents provided by the Customer in order to fulfill the obligations under this Agreement.
2.2.2. Require the Customer to provide the necessary conditions for the provision of services under this Agreement.
2.2.3. Suspend the provision of services under this Agreement in case of violation by the Customer of the terms of payment for services until the receipt of funds to the account of the Contractor, as well as in case of failure by the Customer to ensure the conditions for the provision of services.
2.3. The customer is obliged:
2.3.1. Provide the Contractor with the necessary conditions for the provision of services.
2.3.2. Provide the Contractor with information, documents, powers necessary for him to fulfill his obligations under this Agreement, in accordance with written and oral requests from authorized representatives of the Contractor.
2.3.3. Pay for the services of the Contractor in the manner, within the time frame and in the amount established by this Agreement.
2.4. The customer has the right:
2.4.1. Require the Contractor to provide information on the progress of the execution of the Agreement.

3. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE

3.1. The price of the services provided by the Contractor under this Agreement is _______________________
3.2. Payment for the cost of the Contractor's services is made by the Customer within ____________ days from the date of signing by the Parties of this Agreement.
3.3. Payment is made by the Customer by transferring funds to the account of the Contractor according to the details specified in section 10 of this Agreement or by depositing funds to the Contractor's cashier.

4. PROCEDURE AND TERMS OF SERVICE PROVISION

4.1. The Contractor starts providing services under this Agreement no later than __________ days from the date of signing this Agreement.
4.2. If, by the time specified in clause 4.1 of this Agreement, the Customer does not provide all the necessary conditions for the provision of services by the Contractor under this Agreement, the Contractor has the right to suspend the provision of services until the Customer fulfills this obligation.
4.3. Not later than ___________ days from the end of the calendar month, the Contractor draws up and submits to the Customer a Certificate of Services Rendered in two copies.
Within _____________ days from the date of receipt of the Certificate of Services Rendered, the Customer is obliged to consider it and, in the absence of comments on the services rendered, sign it.
4.4. If the services under this Agreement are provided by the Contractor with deviations from the terms of this Agreement or with other shortcomings, the Customer has the right, at his option, to demand from the Contractor:
4.4.1. Gratuitous elimination of deficiencies within a reasonable time.
4.4.2. Reducing the price of services established by this Agreement.

5. CONFIDENTIALITY

5.1. The Parties hereby confirm that the information they exchange during the preparation, as well as during the execution of this Agreement, is confidential, being valuable to the Parties and not subject to disclosure.
5.2. From the moment this Agreement enters into force, the Parties undertake to keep secret any information and data received by each of the Parties as part of the implementation of this Agreement.
5.3. The obligation to maintain confidentiality does not affect cases of providing information to authorities in the manner prescribed by the legislation of the Russian Federation.

6. PERIOD OF VALIDITY, REASONS FOR CHANGE
AND TERMINATION OF THE AGREEMENT

6.1. This Agreement comes into force from the date of signing and is valid until the Parties fulfill their obligations under the Agreement.
6.2. The term of this Agreement may be extended by agreement of the Parties, drawn up in writing and signed by both Parties to this Agreement.
6.3. The provisions of this Agreement may be changed or supplemented only on the basis of an agreement drawn up in writing and signed by both Parties.
6.4. Early termination of this Agreement is allowed by mutual written agreement of the Parties or in other cases established by the current legislation of the Russian Federation and this Agreement.
6.5. The Customer has the right to refuse to execute the Agreement, notifying the Contractor about this at least _______ days before the date of termination and paying the Contractor the cost of services in proportion to the period and volume of services provided by the Contractor.
6.6. The Contractor has the right to refuse to fulfill its obligations under this Agreement, notifying the Customer about this at least ______ days before the date of termination, subject to full compensation for the Customer's losses.

7. LIABILITY OF THE PARTIES

7.1. If the Customer violates the terms of payment for the Contractor's services established by clause 3.2 of this Agreement, the Contractor has the right to demand from the Customer the payment of a penalty in the amount of ___% of the amount not paid in time.
7.2. The Contractor is not responsible for the decisions made on the basis of the services rendered by the Customer and their economic consequences (including possible losses).
7.3. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.
7.4. Force majeure circumstances include events that the Parties cannot influence and for the occurrence of which they are not responsible, such as natural disasters, fires, extraordinary events of a social nature (war, riots, etc.), government decrees or orders state bodies that make it impossible to fulfill the obligations of the Parties under this Agreement.

8. DISPUTE RESOLUTION PROCEDURE

8.1. All disputes and disagreements arising in the course of the execution of this Agreement shall be resolved by the Parties through negotiations.
8.2. If the Parties do not come to an agreement on controversial issues, disputes are referred to the court for consideration in the manner prescribed by the current legislation of the Russian Federation.

9. OTHER CONDITIONS

9.1. In matters not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9.2. This Agreement is concluded in two copies, one for each of the Parties.

Applications:
Appendix N 1. List of services provided under this Agreement.

10. ADDRESSES AND DETAILS OF THE PARTIES

Contractor: ______________________________________________
___________________________________________________________
___________________________________________________________

Customer: _________________________________________________
___________________________________________________________
___________________________________________________________

SIGNATURES OF THE PARTIES:

Executor: Customer:

Appendix N 1
to the Service Agreement
N ____ from "___" ______ ____

DESCRIPTION OF SERVICES
1.
2.
3.
4.
5.

SIGNATURES OF THE PARTIES:

Executor: Customer:

________________________ __________________________

It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a few facts confirming both this and that.

What is a service agreement? What are the legal aspects of this document? How does the law distribute rights and obligations between the parties to the agreement? Read about all this in our article.

A service agreement is an agreement in which the contractor assumes obligations to provide certain services, and the customer undertakes to make timely and full payment for their implementation. The service agreement, as well as, is of a personal nature, that is, its execution is the direct responsibility of the person who assumed the obligations under this agreement. Both individuals and legal entities can act as a customer and performer under a service contract. The subject of the contract for the provision of services for compensation is an action of an intangible nature. A contract for a consumer service, which is performed immediately in the presence of the customer, can be drawn up in the form of a cash register receipt or invoice. In case of loss of a document confirming the performance of the service, it can be restored by means of a personal statement of the consumer upon presentation of an identity document.

Note that Russian legislation provides for the possibility.

The service agreement is governed by the Civil Code of the Russian Federation, the terms of performance are determined by agreement of the two parties. In addition, Russian legislation provides for certain types of services (for example, postal, transport), the execution of which is determined by special legal acts. The contract for the provision of services is similar to a contract for the performance of any work, however, unlike a contract, the agreement does not give a material result. For example, a realtor's activities aimed at finding real estate for a specific client are carried out under an agency agreement for the provision of services, and any repair and construction work is formalized under a work contract.

Agency agreement for the provision of services sample download here

The amount of the cost of the services provided is determined by the agreement of the parties, but the price for the service cannot be higher than that established by the state authorities. In case of termination of the contract for the provision of services, the customer is refunded the amount of money, taking into account the reduction in the price for the service provided, established in accordance with paragraph 3 of Art. 24 FZ dated 07.02.1992, No. 2300-1. A person who has assumed obligations to fulfill the agreement is not entitled to carry out any additional work with the collection of additional payments. The customer, in turn, has the right to refuse to perform such services.

Service agreement: essential conditions

A contract for the provision of services for a fee, as a rule, has several essential conditions for execution:

The subject of the contract is an extremely clear description of the service that the contractor must provide.
Clear terms for the start and end of work, determined by the contract
Place of performance of the service.
Requirements for the quality of the service provided under the contract.
Customer payment schedule.
Responsibility of each of the parties to the agreement for failure to fulfill their obligations (the amount of the penalty in case of violation of the terms of payments, etc.).

In addition, the contract may contain conditions for making an advance payment in full or in part, as well as the right of the contractor to involve third parties in the execution of services. A service agreement between individuals or legal entities may also be accompanied by accompanying documents:

the act of delivery and acceptance of completed works performed under the agreement;
reporting documentation of the contractor, including the expenses incurred;
additional agreement.

Reimbursable services agreement: supplementary agreement

In the course of the execution of an agreement on the provision of services, it is often necessary to change any of the terms of the contract or agree on a new, previously not prescribed condition (changing the payment terms, making advance payment conditions, changing the amount of the penalty, extending the terms of the contract, the procedure for considering disagreements, etc. .). For this, an additional agreement to the service agreement can be drawn up between the customer and the contractor. As a rule, the need for an additional agreement may arise when concluding a contract for the provision of services for a long time (for example, with a student studying at a university on a paid basis). Note that in the supplementary agreement, it is very important to have the number and date of the main contract, as well as the number of the previously drawn up supplementary agreement, if its registration has already taken place. Also, the named document must contain the personal signature of all participants.

The rights and obligations of the parties to the contract for the provision of personal services

Consumer rights and obligations

When completing the contract, the customer assumes the obligation to make timely payment for the work performed in full after its acceptance. At the initiative of the consumer and the agreement of both parties, the service can be paid for at the conclusion of the contract by making an advance payment or in full. In case of violation of any clauses of the contract, the customer has the right to.

The rights and obligations of the performer

The party to the service contract, acting as the performer, has the right to refuse to perform the work and terminate the contract unilaterally if the customer, within a certain period of time, takes measures to eliminate the circumstances that have arisen that prevent the performance of the service at the proper level (low-quality material will not will change the conditions for the performance of work with timely and reasonable information by the contractor). In this case, the contractor is entitled to demand full compensation for the losses incurred from the customer. A number of responsibilities that the contractor bears when concluding a service contract include:

Ensure the safety and correct use of material assets provided by the customer for the performance of the service.
Timely provide information to the customer about the unsuitability of the material transferred by the consumer to perform the work.

The contractor is released from responsibility for the complete or partial loss of the material received from the customer, if the latter was timely warned about its special properties, which could lead to the loss / damage of the material.

Provide a full report on the expenditure of materials with the return of balances.

In case of partial or complete loss of the material provided by the customer, the contractor is obliged to replace it with an equivalent one within 3 days or to compensate for the damage in two times.

The Contractor is responsible under the service agreement for:

timely provision of information to the customer about unexpected circumstances that prevent the completion of work within the time period specified in the contract;

timely provision of information to the customer about the circumstances that depend on the consumer and prevent the completion of the work within the time period established by the contract and affect the level of quality of work;

shortcomings in the performed service with an unspecified period of warranty service, if the customer provides an evidentiary basis that such occurred before he accepted the work;

shortcomings in the performed service with a specified period of warranty service, if the contractor cannot prove their occurrence as a result of violation of the rules for using the result of the service provided by the customer or the occurrence of force majeure.

Claim under the service agreement

A claim under a service agreement is a document containing an appeal from one party to the other due to improper execution of the agreement. The claim serves as a tool for settling disputes in the pre-trial order between the customer and the contractor. The procedure for filing a claim is determined by agreement of the parties.

In the case of a direct appeal of the parties to the judicial authorities without a pre-trial settlement of the conflict, the court may be rejected.

The form for drawing up a claim under a service contract is arbitrary, while its text should contain such main points as:

clearly formulated requirements;
the amount of the claim (debt and penalty);
term for consideration of the claim;
obligations that have been violated.

A claim under a service agreement can be submitted by both the customer and the contractor. The document is drawn up in duplicate with copies and extracts of documents confirming the fact of violation.

This legal document allows the parties to the contractual process to settle their relations when resolving conflict situations that may arise as a result of non-provision or poor-quality service provision, delay in payments or non-payment for the service provided.

You will learn:

What is a service contract.
What are the types of contracts for the provision of services.
What essential conditions should be contained in a service agreement.
How to draw up a contract for the provision of services.

Contract for services Is a legal agreement between parties that take on certain obligations. So, one party undertakes to provide a specific service in a specified amount and at a specified time, while the other undertakes to pay for it, observing all the terms of the agreement. In this regard, a service agreement is similar to an employment agreement.

A model contract for the provision of services is regulated by the Civil Code of the Russian Federation. But there are also a number of laws that regulate the relations of the parties in the process of rendering work. In the event that questions arise that are not provided for by the Civil Code of the Russian Federation, they are legalized in a specific service agreement.

This document may seem a lot like a work contract. But there is a significant difference between them. When implementing the latter, the result is provided in the form of a material component, for example, under this contract, a contractor (executor of the terms of the contract) can build a house. Under the service agreement, the material result is not provided, for example, under the agreement on the search for housing, the realtor selects for the client all sorts of options for conditions and places of residence. In addition, under a work contract, the contractor can delegate the performance of work on his own behalf to a third party (subcontractor). The terms of the contract for the provision of services do not provide for the delegation of authority. The party that has undertaken to provide the service must do it on its own.

The service agreement provides that two parties are involved in this process:

a contractor who undertakes to provide the agreed services;
the customer who undertakes to pay for them.

Legal entities and individuals can act as any of the subjects of the contract for the provision of services. If we consider the situation in which the contractor of the contract is an organization, and the customer is an individual who uses the provided service not for commercial purposes, then such relations are called the provision of personal services. These relations fall under the jurisdiction of the Law "On Protection of Consumer Rights" and all kinds of norms and regulations for the provision of consumer services to the population.

As a rule, the agreement for the provision of services is made in writing. But if the amount of work provided does not exceed 10 thousand rubles, then the parties can conclude an oral agreement between themselves.

The contract for the provision of consumer services can be documented or in the form of receipts, which reflect all the terms of the agreement. If the service is performed in the presence of the customer, then the contractor can confirm the completion of the work by issuing the customer a receipt or other document confirming payment.

4 mistakes that almost everyone makes in a service contract

The editorial board of the "Commercial Director" magazine found out in what issues the parties most often make mistakes and what they forget to indicate in the service agreement. Get expert opinion and reduce the risk of disputes with a partner.

How is the contract for the provision of services regulated by law?

Chapter 39 of the Civil Code of the Russian Federation "Paid provision of services" regulates the legal regulation of the contract. The clauses of the regulations in this chapter apply to contracts for the provision of medical and veterinary care, training, information, consulting and audit services, etc.

In the event that there are no contradictions with the subject of the agreement, the general provisions, which are described in Article 783 of the Civil Code of the Russian Federation, can be applied to this agreement. Do not forget that these documents have a tangible difference between them, since in one case - a service is provided, and in the other - a certain work is performed. In the Civil Code of the Russian Federation, the concepts of "service" and "work" are somewhat vague, so it is difficult to distinguish between them.

In contrast to the Civil Code of the Russian Federation, these concepts are clearly separated by the Tax Code of the Russian Federation. So, a service can be considered an action that does not carry a tangible result, and work is characterized by activity expressed materially.

The process of providing services is an entrepreneurial (commercial) labor of individuals or legal entities on the one hand, which is aimed at meeting the needs of the other. These services are regulated by a service agreement, which is concluded between the parties to the contractual process - the customer and the contractor.

How to conclude a work contract and not fall for the bait of scammers

Types of contract for the provision of services

Article 779 of the Civil Code of the Russian Federation lists the types of services that are formalized by contractual relations. Among them, the main ones stand out:

educational activities for a fee;
communication services;
safety and security;
utilities;
medical service;
services of auditors.

However, each of the named services can be subdivided into others, more detailed. So, utilities can consist of a service for the removal and disposal of household waste, security activities can be subdivided into physical security of persons, information security, electronic security, etc.

All these contracts for the provision of services can be classified as reimbursable (provision of services for a fee) and gratuitous (no remuneration is provided).

Under the terms of the Civil Code of the Russian Federation, it is possible to conclude both compensated and gratuitous contracts for the provision of services. However, it should be remembered that the absence of any clauses on payment for services in the agreement does not make the agreement free of charge. In the course of disputable issues, by a court decision, a certain amount may be claimed from the customer for the service already provided.

If the parties have agreed to conduct gratuitous activities, then in order to avoid possible subsequent disagreements, this condition should be clearly spelled out in the service agreement.

Article 780 of the Civil Code of the Russian Federation indicates that under the terms of such an agreement, the service is provided directly by the contractor. If it is envisaged to use the services of a co-contractor for the performance of work, this is recorded in advance in the document.

The agency agreement differs from the co-contractor by the conditions that are spelled out in Chapter 52 of the Civil Code of the Russian Federation. Such a contract is an independent document and defines the functions and powers of the contractor, how the costs will be distributed and paid, the contractor acts on his own behalf or on behalf of the customer, and at what point the agency ceases to fulfill its obligations.

Some contracts for the provision of services do not have a clear legislative distinction. Here there is an opportunity for the parties to independently establish the rights and obligations, which in relation to each other are performed by the customer and the contractor.

The contract for the provision of services on a paid basis has, as a rule, several important conditions to be fulfilled:

The subject of the agreement, which clearly defines the services that the contractor must provide to the customer.
Time limits for the beginning and end of work.
The place that is designated for the provision of services.
Criteria for their quality.
Terms and stages of payment for services by the customer.
Responsibility of the parties (including material) for non-performance, poor-quality performance, or failure to meet the deadlines for the implementation of contractual obligations.

The contract for the provision of services between legal entities and individuals may contain additions in the form of auxiliary documents:

the acceptance certificate of the work performed;
a report on the performance of work and the costs incurred by the contractor;
additional agreement.

How to draw up a contract for the provision of services

At the top of the document, the geographical location of the contract (for example, city) and the date are indicated.

The party ordering the service, represented by a physical or legal entity, is called the "Customer" and the other party that undertakes to perform work on the provision of the service represented by a physical or legal entity is called the "Contractor". The parties conclude an agreement on the following:

Subject of the contract.

The customer instructs the contractor to provide the service and undertakes to pay for the work, and the contractor confirms his readiness to provide this service and perform the work within the timeframes stipulated by the agreement.

The rights and obligations of the performer.

The contract for the provision of services in this paragraph stipulates:

who provides the service: the contractor personally or with the involvement of a third party;
providing the customer with documentation on the beginning and completion of work under the contract;
conditions and procedure for accepting performed services;
the procedure for submitting comments and finalizing the services provided;
conditions and procedure for documentary confirmation of the work performed.

The rights and obligations of the customer.

Under a service agreement, the customer is obliged to:

negotiate the terms of a possible cancellation of the service;
determine the timing and completion of work;
form a list of documents that will indicate the end of the provision of services and the acceptance of the work performed.

The procedure for accepting services.

After the completion of the work on the provision of the service, the contractor provides the customer with an act of acceptance of the work performed. The customer within a specified period of time is obliged to sign an act or submit a complaint to the contractor for revision of contractual obligations. The contractor must eliminate the shortcomings within the established time intervals and provide the customer with a revised version. The service is considered to be rendered in full after the parties have signed an act of acceptance of the work performed.

The cost of the contract and the procedure for settlements.

The contract for the provision of services indicates the exact cost of work, including VAT.

The customer assumes obligations:

make an advance payment after signing the contract for the provision of services (if the document provides for an item on its timing and amount);
pay the remaining amount under the contract to the contractor after signing the acceptance certificate for the work performed;
in case of stage-by-stage financing of the provision of services, pay for them according to the payment schedule (indicating the time and exact amount of payment).

Responsibility of the parties.

The customer and the contractor in the contract for the provision of services stipulate penalties and penalties, which they undertake to pay to each other (the contractor - in case of non-performance, poor-quality performance or failure to meet the deadlines for the provision of services, and the customer in case of late payment for services performed under the contract).

Force Majeure.

These are the conditions prescribed in the contract for the provision of services that release the parties from responsibility for the implementation of the clauses of the agreement. They can be force majeure obstacles: a change in the market situation, natural disasters, riots or wars.

Change and termination of the contract.

The conditions that force the parties to make changes to the agreement, as well as the mechanism for its early termination are indicated.

Dispute Resolution.

The procedure for settling disputes and claims under a service agreement is determined. It can be negotiations, consultations or resolution of contradictions in court. At the same time, conditions and terms must be agreed upon, after which the topic of disagreements is submitted for judicial consideration.

Final provisions.

The parties indicate the validity period of the service agreement, the time for elimination of possible deficiencies and the procedure for signing the acceptance certificate for the work performed.

Details of the parties.

FULL NAME. the responsible person who signed the contract on behalf of the customer and the contractor, legal address or place of residence of the parties, OGRN, OKPO, TIN, KPP, account number, bank details.

Change of employment contract: what any manager should know

What are the features of the contract for the provision of services for different fields of activity

In the presence of all the mandatory attributes, contracts for the provision of various types of services have their own characteristics:

When providing transport services, it is understood that the contractor will carry out the transportation of the customer's cargo at his expense. Since the transported cargo may have value (and in some cases, special), the contract must provide for the clause of its compulsory insurance. In addition, the contract takes into account the responsibility of the contractor for the safety of the cargo to the customer. The execution of the contract for the provision of transport services is confirmed by a completed and worked out waybill.
Advertising services are regulated by the Federal Law "On Advertising". In the contract for their provision, the contractor undertakes to fulfill all the requirements of this law, obtain the necessary permits from the relevant authorities and monitor the proper execution of the clauses of the law during the advertising campaign in favor of the customer.
The contract for the provision of medical services must be drawn up with particular care. Medical services are related to the health of the customer, therefore, such an agreement carefully prescribes all points and measures of responsibility for the life and health of the patient. When providing such services, the contractor is responsible for the non-dissemination of confidential information about the health of the customer. And this important point should be noted in this agreement. If (if necessary) the contractor will have to provide information about the customer's condition to third parties, then this moment should also be reflected in the contract.

The process of diagnosis and treatment is of a specific nature, where it is impossible to take into account all the subtleties and nuances. Such moments can be stipulated in special annexes to the current agreement.

The contract for the provision of cleaning services must contain the scope of work and the timing of their implementation. In the practice of providing this type of service, it often happens that the customer provides the contractor with access to a residential or office space in his absence. Therefore, the agreement stipulates the conditions for the integrity and safety of the customer's property.
An agreement for the provision of legal services implies that the contractor conducts all cases entrusted by agreement on behalf of the customer. It should be remembered that in this case, the contractor under the contract is a lawyer who (most likely) is the drafter of the document. In this case, it is not at all surprising that the rights of the performer under the contract will be taken into account as much as possible. Therefore, the customer, when signing such a document, must carefully consider the points that relate to the observance of his rights. It should be remembered that by entrusting the contractor to conduct business on his own behalf, the customer entrusts him with his own property, as well as his material, intellectual values or funds.
The contract for the provision of educational services can be of a two- or three-sided nature. It is concluded between the customer, the contractor and the person who is being trained to provide paid services. Therefore, it must define the periods, terms of training and the sums of money that the customer pays for them. As a rule, the cost of one period of time may not be fixed and depend on the terms of the contract. Training expenses are the basis for tax deductions, therefore, the document is concluded with the party who intends to receive a tax refund. The contract for educational services must have annexes, which indicate the training plan or a list of subjects studied during the validity of this agreement.
The contract for the provision of hotel services can often involve the involvement of third parties. Initially being a typical personal document, it stipulates the involvement of other employees. At the same time, it should reflect the conditions of hotel accommodation, the services provided to the guest without additional payment and the service that is provided for a fee. All this is predetermined and entered into the agreement document. An important element of the contract for the provision of hotel services is information about the date and time of arrival and departure from the hotel. The document is signed after all of the above points are discussed and agreed upon.
The contract for the provision of consulting services is the most difficult in terms of its regulation, because it is purely intellectual in nature. The final product that is obtained in the process of implementing this agreement is: expert opinions, advice, methods of action and decision-making, analyzes, conclusions, etc.

Expert opinion

With freelancers, you also need to conclude a contract for the provision of services

Alexander Bychkov,

Head of the Legal Department, TGK Salyut

In the practice of entrepreneurship, freelancers are often attracted to work. They carry out specific projects on the basis of civil law contracts, adhering to the terms of reference attached to them. This is how they create designs, layouts of advertising messages, packaging of goods, design websites or stands for exhibitions.

The contract for the provision of services with the designer is drawn up on the basis of Chapter 39 of the Civil Code of the Russian Federation, since the designer, as a rule, performs a set of services for the customer on a reimbursable basis. Such an agreement frees the customer from the need to hire a designer, pay him a monthly salary, and provide a set of insurance and social protection measures. However, when drawing up an agreement, special attention must be paid so that, as a result of the next inspection, the labor inspector cannot re-qualify the civil-labor contract as a labor contract and transfer the case for consideration to the court.

Unscrupulous partners: how to recognize fraudsters in business

How a claim is made under a service agreement

Each contract concluded between two parties contains their rights and obligations. In practice, it often turns out that one of the parties fulfills the obligations assumed under the contract in bad faith or does not fulfill them at all.

As a result of such actions, a conflict situation arises between the parties. In this case, the party that considers itself injured can file a claim under a service agreement. This is a document that is used to resolve a conflict without the use of court proceedings.

A claim under a service agreement is a document that helps the injured party to restore its rights under the terms of a previously concluded transaction. The relations between the parties to the service agreement are determined by the Civil Code of the Russian Federation and the party that makes claims on the fulfillment of the terms of this agreement must have good reasons for this.

Based on the provisions of Article 779 of the Civil Code of the Russian Federation, the transaction is considered completed when the party that has assumed the obligations of the contractor carries out all the work on the terms of the contract for the provision of services in a timely manner, and the party acting as the customer makes their payment on time.

In the event that the subjects of the contract are not satisfied with each other in terms of the performance of services, the party considering itself a victim may submit a claim to its opponent for the following facts of violation of contractual obligations:

disruption of the terms of the agreement;
the contractor's refusal to compensate for losses incurred to the customer in the process of poor-quality service provision;
disagreement with the payment by the customer of the contractor's work under the terms of the contract or delay in payment terms.

The legal system considers the poor-quality fulfillment of the terms of the contract and the obligations assumed as a breakdown of the current agreement. This fact is dominant for the injured party to bring a claim to the guilty party. The customer is most often not satisfied with the quality of work and the timing of its implementation. The contractor, as a rule, makes claims for payment by the customer for the services performed.

Claims under a service agreement must contain specific requirements. Their main goal is to force the guilty party to fulfill its obligations under the agreement in full.

The most frequent requirement of the contractor to the customer is payment for the work performed. The customer can make broader claims to the contractor. He has the right to demand:

eliminate the identified deficiencies at no additional cost;
compensate for the costs incurred to correct errors and shortcomings (if the customer eliminated them on his own);
return the amounts paid as an advance payment in case of termination of the service agreement;
demand to redo the work (possibly if the deficiencies in the previously performed actions cannot be eliminated);
to reduce payments for those services that were not provided with high quality;
pay in full all the penalties imposed.

When making payment under a service contract, the customer has the right to demand from the contractor compensation for damage, payment of penalties and fines for poorly performed work, even in cases where this is not provided for by the contract. All disputes that may arise between the parties are regulated by the Civil Code of the Russian Federation (Article 332). Based on this article, the contractor also has the right to present material claims to the customer in case of non-payment or unmotivated delays in payment for the services rendered.

A claim under a service contract must contain the specific requirements of the injured party to its opponent.

On what grounds is it possible to terminate the contract for the provision of services

Article 450 of the Civil Code of the Russian Federation provides for a list of grounds that make it possible to begin the procedure for terminating a service agreement.

They depend on the party that initiates the termination or on the reasons that led to the emergence of a conflict situation and became the reason for

Such an agreement may be terminated in the cases provided for three options:

Option 1. By agreement of the parties.

When the contractor and the customer are satisfied with the terms of termination of the contract for the provision of services. This option has several advantages.

First, it saves the parties from the need to apply to the courts and from unnecessary legal costs, respectively. Having terminated the agreement on the provision of services by agreement, the parties can no longer present claims to each other in court.

Secondly, the reason for the mutual consent of the parties to terminate the service agreement does not matter.

But Article 450 of the Civil Code of the Russian Federation provides that termination of the contract for the provision of services between the customer and the contractor is possible only if it does not contain a clause that prohibits the parties from carrying out this procedure.

A termination agreement has the same form as a service agreement. Most often, such a document is processed in regular writing. This is possible if the legislation and other agreements do not provide for other rules for terminating the contract. At the same time, if one of the parties begins to perform its functions voluntarily even before the start of the procedure for termination of services, then the court may qualify these actions as termination of the contract for the provision of services by agreement of the parties. This is provided for by paragraph 3 of Article 438 of the Civil Code of the Russian Federation.

If both parties to the contractual process are satisfied with the decision to terminate the contract for the provision of services by agreement of the parties (and this paragraph is stipulated in the document), then paragraph 3 of Article 453 of the Civil Code of the Russian Federation comes into force. Here, the customer should remember that if, at the time of termination of the service agreement, he continues to perform actions related to the fulfillment of the terms of the initial agreement, then the terms of termination of the service agreement will be invalidated.

Option 2. Motivated and unmotivated withdrawal from the contract unilaterally without trial.

The consequences of terminating the contract unilaterally are exactly the same as when by agreement of the parties or in court.

The customer has the right to refuse to fulfill his obligations under the contract without giving reasons. This is an unmotivated refusal. In the event that the customer explains the reasons for his refusal to perform the contract on his part, then such refusal is considered motivated.

Motivated unilateral refusal.

The legislation provides for the customer's cancellation of the contract for the provision of services unilaterally and provides an opportunity to demand from the contractor to reimburse the costs incurred. This procedure is regulated by Article 783 of the Civil Code of the Russian Federation. It comes into force:

when the contractor delays the start of the provision of services or in the case when it becomes clear that the service will not be provided in a timely manner (clause 2 of article 715 of the Civil Code of the Russian Federation);
when it becomes clear that the service of proper quality is not being provided (as provided by the contract), and the actual deadlines for eliminating the deficiencies set by the customer are not respected and the deficiencies are not corrected (clause 3 of article 715 of the Civil Code of the Russian Federation);
if the service is provided poorly, and the requirements for elimination of deficiencies are ignored (clause 3 of article 723 of the Civil Code of the Russian Federation);
when the service is provided, but the shortcomings with which it was performed cannot be corrected (clause 3 of article 723 of the Civil Code of the Russian Federation).

These conditions must be supported by evidence. If they are absent, then the contractor may require in court to consider the contract for the provision of services valid.

Unmotivated unilateral refusal.

The legislation does not regulate the cancellation of the contract for the provision of services and allows the customer to terminate the contractual relationship both during the validity of the contract at any stage of its implementation, and before its entry into force.

But at the same time, the customer is obliged to reimburse the contractor for all material costs that the latter incurred as a result of the termination of the contract for the provision of services and the termination of contractual obligations. This is provided for by the Civil Code of the Russian Federation in paragraph 1 of Article 782.

Option 3. Termination of the contract on the initiative of one of the parties in court.

To terminate the service agreement, you must file a claim in court. Any of the parties to the contractual process can initiate the filing of a statement of claim. The contract will be considered terminated at the moment when the court decision comes into legal force. However, this practice also provides for a set of pre-trial measures in preparation for termination of the contract. The reason for the termination of the contract for the provision of services must be serious circumstances in which the implementation of the terms of the agreement becomes impractical or impossible.

Significant violation of the terms of the contract by the other party (subparagraph 1 of paragraph 2 of article 451 of the Civil Code of the Russian Federation).

The law qualifies such a violation as an action, as a result of which the customer is deprived of what he had the right to count on under the terms of the contract. This may refer to the late fulfillment by the contractor of the obligations assumed under the contract (clause 2 of article 450 of the Civil Code of the Russian Federation).

A significant change in circumstances (clause 2 of article 451 of the Civil Code of the Russian Federation).

Such a foundation is not often used in practice. The customer has the right to refer to a radical change in the circumstances that previously influenced the conclusion of the contract for the provision of services. He provides a substantial body of evidence available to him. In this case, he will have to prove the combination of the following facts:

when concluding the contract, the contractor and the customer were confident that in the course of its implementation, conflict situations were impossible;
the customer was unable to overcome the prevailing circumstances, despite his punctuality in obligations and attitude towards the concluded contract;
when the customer may suffer significant damage, in many respects exceeding the expected dividends from the results of the current contract;
the contract does not say that the risk of a change in circumstances is borne by the customer.

The law defines which points are taken into account and considered important in the provision of a number of services.

The court determines the material and property consequences after the termination of the service agreement. This happens at the request of one of the parties. The court equally distributes between the parties the costs that have arisen during the execution of the current contract. This is provided for by Article 451 of the Civil Code of the Russian Federation.

Other cases provided for by the Civil Code of the Russian Federation.

There are no clauses in the Civil Code of the Russian Federation for carrying out the procedure for terminating a service agreement. This procedure may be described in other regulations and rules. In this case, the parties must have compelling reasons and arguments to terminate the service contract.

It often happens that the parties concluding such an agreement themselves provide for those moments in which it can be terminated in court. On the part of the legislative framework, in this case, the parties are subject to the presumption of freedom of contractual relations. So, in order to provide for the possibility of terminating the contract, the parties may indicate the following grounds:

the quality of the contractor's work did not meet the customer's expectations;
violation by the contractor of the terms of the service agreement;
unilateral change by the customer of the price for the provision of services, which was previously determined in the contract.

Typical mistakes when concluding a contract for the provision of services

Error 1. They confused a contract with a paid provision of services.

Companies enter into an agreement for the provision of services as a work contract. But in the legislation of the Russian Federation, these two types are not the same. The text of such documents may contain clauses and rules that are mutually exclusive. In these cases, confusion may arise when resolving controversial issues, even in court.

Effects... An example can be given when a contractor under a service agreement has placed the customer's advertising information for a specified period of time. After half of the contractual period, the contractor informed the customer that his advertising message would be removed. The customer went to court and the executor paid a fine in his favor by the court decision. The procedure was done without conflicts and controversial points. The thing is that such a situation was taken into account in advance and spelled out in the terms of the agreement.

In addition, in this agreement, the court saw the presence of an element of the work contract and took the side of the applicant. Using the same rules, the contractor can refuse to fulfill the terms of the contract only under certain circumstances. However, this decision was rejected by the cassation and appeal courts. Here the contract was considered as a contract for the provision of services. Under the terms of such a contract, the contractor has the right to refuse the service if he compensates the customer for the costs incurred. And the condition regarding the fine on the fact of refusal can be ignored even if it is included in the contract for the provision of services.

Consider an example of the opposite situation, when an agreement between the parties was defined as a contract for the provision of services. The sanctions established by the Civil Code of the Russian Federation were applied here. In such an agreement, there was no need to fix the terms for the provision of services. Both sides ignored this point. However, in the event of a conflict situation and the transfer of the case to the court, the judges reclassified this agreement into a work contract, according to which the indication of the deadline for the completion of work became mandatory. Therefore, the contractor was ordered to pay the customer a penalty with interest and the appeal was denied.

Mistake 2. They did not specify the subject of the service agreement.

It often happens that in a service agreement, the subject of the agreement looks vague and not specific. In this case, the ultimate goal of the document and the details that determine this goal become incomprehensible.

Effects... In the contract for the provision of services, the subject of the contract is of key importance. If the subject of the contract is not explicitly expressed, not specific, it can be considered as not concluded. In this case, the outcome of the trial may depend on the stage at which the dispute is at the time of the litigation. In the event that the service has already been completed under the contract, there is a high probability that, upon resolution of the dispute, the customer will pay for it. However, there is no certainty that the performer will receive the full expected amount. In this case, its size will be calculated based on the practice of providing similar services without taking into account the specific features that took place during the performance of this work. In the event that the services were not paid by the customer, it will also be a very difficult task to obtain payment, since the subject of the contract is abstract and it is very difficult to prove that the service was (or was not) provided properly.

Mistake 3. There is no evidence that the contractual services were provided.

Often, some organizations providing services do not draw up acceptance certificates based on the results of the work performed. Others draw up such documents, but they do not contain the information in full. The drafting of such acts is not a prerequisite. However, if, upon the implementation of the contract for the provision of services, an act of acceptance of the work performed is not attached to it, then the unscrupulous Customer may insist that the service was provided poorly and not in full and will refuse to pay the expenses of the contractor under the contract.

Effects... In the event that the contractor cannot provide the court with acts of work performed, signed by the customer, he can also consider other documents that were drawn up during the execution of the contract for the provision of services, up to the correspondence of the parties or the testimony of witnesses. But it should be borne in mind that not every judge will consider such documents as evidence.

Such a decision in court proceedings may arise not only when the service agreement specifies the need to draw up an act of work performed, signed by the customer, but also when the presence of such acts is not mentioned in the contract. The court may rule in favor of the customer if the contractor was unable to provide the court with an act of work performed with the signature of the customer due to poor study of this act or its signing by a person not authorized by the customer without a corresponding reference to the contract. But even with the proper execution of all documents, it may happen that the contractor will not be able to receive payment if the customer is able to prove that the service was provided poorly or not in full.

Error 4. Requirements were not specified in the service agreement.

The parties to the contractual process, due to forgetfulness or due to inattentive attitude, do not indicate in the contract the requirements that they present to each other. This situation is quite common in the practice of signing a contract for the provision of services.

Effects... Many unscrupulous customers very often take advantage of such a weak point in the service agreement. After the end of the contract, they can challenge the performance of the work by the contractor. The first in popularity is the fact when the customer tries to prove that the service was not provided at all. The second favorite technique of a charlatan customer is an attempt to convince the judicial board that the service was not provided in a high quality and in full volume. This should be remembered by those managers and marketers who draw up a contract for the provision of services and fix in the document protection against such loopholes, thanks to which a conflict situation and refusal to pay can be provoked.

Such misunderstandings arise when specific conditions are described in general terms using phrases that make it possible to interpret the terms of the contract not according to the essence of its meaning, but with the benefit of oneself.

The undersigned confirm by this act that the services provided for by the contract for the provision of services for a fee No. ___ dated "__" ____ 20__ were provided by the contractor to the customer in full, in a timely manner, with high quality and in an appropriate manner. The customer does not have any claims regarding the performance of the service agreement.

If the act of acceptance of the work performed is drawn up competently, it takes into account all the nuances of the possible creation of controversial and conflict situations, while it is signed by both parties, then the court has the right to recognize the desire of the performer to receive material remuneration for the work as fair.

In the contract, it can be prescribed that after the provision of services, the contractor will transfer a certain material result to the customer.

It will serve as proof that the contractor provided the customer with the service on time and in full. If the customer evades accepting the result of work under a service contract, then this does not exempt him from the obligation to pay for it.

The material result of the provision of services can be considered:

conclusion of audits;
documents that confirm appeals to the judicial authorities (statements, petitions, complaints, letters, protocols of court proceedings, etc.);
conclusions of the evaluation commission;
acts and reports on the results of the analyzes carried out;
confirmation of compliance with regulatory calculations;
business plans;
photo reports.

Documents that confirm the execution of the service agreement.

If the customer has not unilaterally signed the act of work performed under the service agreement and such a document is not provided for by the agreement itself, the fact of the service can be proved using other documents. They can be consignment notes, waybills, instrument readings, journals and books for registering accounting documents, correspondence between parties, etc.

Expert opinion

Frequent mistakes when concluding a contract for the provision of intermediary services

Vitaly Perelygin,

expert, legal information system "Yurist System"

They have not determined on whose behalf and on whose behalf the mediator is acting.

It depends on the fact who is indicated as a service provider - directly a manufacturer or an intermediary - which of the parties to the contractual process has all the rights and obligations to complete the transaction and who is responsible for violation of the contractual conditions.

They did not specify whether the intermediary has the right to carry out the task.

For all types of contracts, the law establishes specific actions that the intermediary has the right to perform.

The product to be sold was not specifically named.

Often, only a clause is included in the intermediary agreement, which indicates that the intermediary undertakes to complete a transaction for the sale of goods. But there is no information about the product itself in the contract or its annex. It so happens that there is information about a product, but there are no identifiers: grade, brand, quantity, expiration date, etc.

We have identified unprofitable conditions for themselves related to the payment of remuneration to the intermediary.

In relations between commercial companies, any intermediary agreement is considered onerous. This means that you must pay the intermediary a fee (clause 1 of article 972, clause 1 of article 991, article 1006 of the Civil Code of the Russian Federation).

In practice, there are different options for paying remuneration - for example, in a fixed amount specified in the contract, as a percentage of the transaction amount, or in the form of the difference between the actual value of the goods sold and the price specified in the contract.

Have not determined or agreed with the intermediary the conditions and the number of transactions that the intermediary must carry out with the buyer.

Sometimes the parties do not specify the conditions under which the sale of goods will be carried out. Instead, the contract specifies only the obligation of the intermediary to sell the goods on the most favorable terms for the client.

Information about experts

Alexander Bychkov, Head of the Legal Department, TGK Salyut. The Salut Hotel is a hotel complex designed to receive groups, individual tourists and guests arriving in the capital. The hotel has 1,091 rooms and is the second largest hotel in Moscow in terms of the number of rooms.

Victor Anokhin, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Voronezh. Viktor Anokhin from 1992 to January 2012 was the chairman of the Arbitration Court of the Voronezh Region. Author of more than 100 published scientific and scientific-methodical works, including about 20 monographs, two textbooks for higher education. He was awarded the Order of the Badge of Honor and two medals.

Sergey Aristov, expert of the legal information system "Sistema Yurist" (company "Action-digital"), Moscow. Sergei Aristov graduated from the Law Faculty of the Nizhny Novgorod State University named after V.I. N.I. Lobachevsky and Nizhny Novgorod State University of Architecture and Civil Engineering (specialization - "Management of the organization"). He worked as a legal adviser, head of the legal department. Member of the Union of Journalists of Russia since 2008. LLC "Action-digital". Field of activity: development and support of electronic products for a professional audience, including the JSS "System Yurist" (legal reference system of practical explanations from judges); the company is part of the Aktion-Media holding. Number of staff: 281. Number of clients: over 33 thousand.

Vitaly Perelygin, expert, legal information system "Yurist System". Vitaly Perelygin graduated from the law faculty of Moscow State University. M.V. Lomonosov. He worked as a lawyer in a large logistics company. He specializes in the field of contractual and corporate law, as well as in the field of legal protection of intellectual property. JSS "Sistema Yurist" is the first legal reference system of practical explanations from judges. The official website is www.1jur.ru.

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

What is a service?

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

Auditing;

Informational;

Medical;

Consulting;

Veterinary;

Tourist;

Training services, etc.

What does not count as a service?

It should be noted that the following types of agreements do not apply to service contracts:

Work agreement;

For technical work;

Commissions;

To carry out development work;

Transportation;

Bank account;

Transport expedition;

Storage;

Bank deposit;

Trust property management.

Subject of the contract

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

We draw up a contract

To draw up a correct contract for the provision of services, you must clearly adhere to the provisions of the Civil Code of the Russian Federation:

Be sure to indicate the subject of the agreement; moreover, it is not enough to write "marketing research", it is necessary to specify, point by point, what kind of activity it will be;

Indicate all due powers and responsibilities of the parties;

Write down clear terms within which the activity should be performed;

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

In such an agreement, of course, the price of the contractor's services is prescribed;

Do not forget to also define the responsibilities of the participants in the transaction; it is also advisable to prescribe in the agreement the amount of compensation in case of unilateral refusal from it.

Features of the contract

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

Termination of the contract

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

Agency contract

An agency agreement for the provision of services is an agreement between the principal (in fact, the guarantor) and the agent (intermediary, performer), according to which the former orders the provision of certain services by the second person (legal services, etc.) on behalf of the principal or directly on behalf of the agent. The agent is entitled to a fee for such actions.

Mandatory conditions

To conclude an agency agreement in accordance with all the rules, you must indicate:

The function that the agent must perform;

Whether he will act on his own or on behalf of the customer;

How he will report to the principal;

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

Obligations and rights of the parties;

Are there any restrictions on the agent's powers;

Terms of termination of the agreement;

Responsibility of the parties.

Certain types of contract

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

Important accents

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

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

Not everyone has the opportunity to perform these actions for themselves on their own (no necessary skills, knowledge, time, etc.). In such a situation, the involvement of a third party / company is required to provide the corresponding service.

What is this document?

A service contract in Russian law is an agreement under which one of the parties undertakes an obligation 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 the obligation to perform the services is usually called the performer, 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, falls under the regulation of the "Law on the Protection of Consumer Rights".

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

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

The legislative framework

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

The distinction between the contract and the provision of services consists primarily in the fact that the latter do not provide for the most part material expression, and in some cases do not have a useful effect from the actions performed by the performer. That is, the value for the customer is the activity of the performer itself (a classic example is the hairdresser's). Therefore, when drawing up an agreement, it is very important to accurately describe the subject of the contract, 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, the service may be accompanied by the creation of a certain tangible result (for example, legal ones may end with the issuance of a legal opinion, medical ones - the production of an image, a product, a prosthesis, etc.). But in any case, such a result is an expression of part of the actions of the performer.

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

Consumer Protection Law.
Rules of consumer services for the population in the Russian Federation (1997, as amended).
The Rules for the Provision of Utilities (2011, Resolution No. 354).

Their varieties

Given the variety of needs of individuals and legal entities for certain results of activity, there are a lot of 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;
communication;
security;
in the field of utilities;
audit;
paid medical.

In turn, almost every named type can be specified taking into account the needs of the customer (for example, the service for the removal of solid household waste, water supply and others is allocated from the utilities, the security services are subdivided into the services of physical protection and protection with the help of technical means).

In general, such contracts can be classified into:

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

It is interesting what the Civil Code of the Russian Federation says about, however, it is not forbidden to conclude gratuitous agreements. However, it should be remembered that the absence of payment terms in the text does not make the contract free of charge, and, according to a court decision, the cost of actions may be recovered from the customer.

In order for no disagreements to arise later, if the parties have agreed on gratuitous activities, this must be specifically spelled out in the text of the document.

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

Distinguish from co-execution agency contract, according to which the customer-principal instructs the performer (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 is necessary to prescribe in it exactly what functions the contractor should perform, whether he acts on his own behalf or on behalf of the customer, what powers he has, how expenses are allocated and paid, and how agency services are terminated.

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

In what cases are they?

The following types of contracts are most often encountered in civil relations:

- to perform the 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 paying for services, reimbursement of expenses, including legal costs.
or consulting. Such services can also be provided to an individual, but more often organizations are the customers. The most common are the following types: tax, management, financial, designed to improve 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 (Decree of the Government of the Russian Federation of 2012, No. 1002). The customer can be both an individual and a legal entity, and the executor is an organization that has a corresponding type of activity. Interestingly, the end consumer may not be the customer, but the person indicated by him in the agreement.
Advertising... In general, such services are very diverse - you can advertise (promote, maintain interest) goods, works, sites, and by 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 referred to as consulting or management. For the provision of some services, a special certificate of a professional accountant is required.
Security... Regulated by the Law on the Protection of Activities, government orders on detective activities and a number of other legal acts. To provide them, the performer must have one.
Educational... A corresponding 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 tangible result - a constructed object, repairs, demolition of a building, etc., which means that it refers to contract work, not services.

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

Nuances of conclusion

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

More often, there is a situation when an individual acts on the side of the customer, and the contractor is a legal entity. 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, claims in court related to this are not subject to state duty and are considered in a shorter time frame.

Form and rules of registration

The legislation stipulates that the contract for the provision of services must have some mandatory provisions:

The subject of the agreement, the list of services (preferably in detail) must be named.
The timing of their provision, including the beginning and end.
Cost (if not specified, the usual price for this type of activity is 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 have come to an agreement on all essential conditions. 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 their consent in a different 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).

Content, controversial points and their resolution

The structure of the document is similar to a number of other contracts and usually consists of:

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

In addition to those indicated, they usually include provisions on the acceptance of services (acceptance certificate), responsibility for refusal to fulfill obligations, the possibility of involving co-contractors. Required signatures of the parties and their seals (if any).

It is important to remember that the contract can be terminated at any stage, both by the decision of the customer and the contractor. In this case, the customer reimburses the costs incurred for the execution of the agreement. If he refused the contract before the start of its operation, the responsibility will not be established.

The contractor is obliged to compensate for losses caused by the refusal to execute 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 a magistrate (depending on the price of the claim), and between two organizations - in an arbitration court.