According to this document, one party provides a service, and the other pays for it: everything is extremely simple.
The legislation does not contain any special requirements for the composition of the obligation to provide paid services, but do not forget that some types of activities are licensed.
Sample contract
This is a basic template; the conditions can be clarified, added, and made more acceptable to one party or another. So, for example, you can add a clause about the possibility of the Contractor refusing to work in certain conditions, you can prescribe a different payment scheme for services, for example, provide for prepayment, etc.
Service agreement
City, date
(name of organization or full name), acting on the basis (registration certificate), hereinafter referred to as the Customer, and (name of organization or full name), acting on the basis (registration certificate), hereinafter referred to as the Contractor, have entered into this agreement as follows.
1. Under the contract for the provision of paid services, the Contractor undertakes to provide the Customer with the services specified in clause 1.2 of this agreement, and the Customer undertakes to pay for the ordered services.
1.1. The Contractor undertakes to provide the following services: _________________________________, hereinafter referred to as Services.
1.2. The period for completing the work is from “__” ______ 20 __ to “__” ______ 20 _. The Contractor has the right to complete the work ahead of schedule.
1.3. Services are considered provided after the Customer signs the acceptance and transfer certificate for Services no later than 3 days after the end of the work period (see clause 1.2.).
2. Rights and obligations of the parties
2.1. The Contractor undertakes:
2.1.1. Provide Services of appropriate quality, in full and on time specified in clause 1.2. of this agreement.
2.1.2. At the Customer's request, correct all identified deficiencies free of charge within 5 days.
2.1.3. The contractor must perform the work personally.
2.2. The customer is obliged:
2.2.1. The Customer is obliged to pay for the work at the price specified in clause 3 of this agreement within _____ days from the date of signing the acceptance certificate for the Services.
2.3. The customer has the right:
2.3.1. Refuse to perform the contract at any time before signing the act by paying the Contractor part of the established price in proportion to the part of the Services provided performed before receiving notice of the Customer’s refusal to perform the contract.
3. The price of this agreement (paid to the Contractor) is: _________________________ rub.
3.1. Payment by the Customer to the Contractor of the contract price is carried out by transferring funds to the Contractor's bank account specified in this contract no later than 5 banking days after signing the Transfer and Acceptance Certificate (see clause 1.3).
4. Responsibility of the parties
4.1. For violation of the term for the provision of Services specified in clause 1.2 of this agreement, the Contractor shall pay the Customer a fine in the amount of ___% of the contract amount and a penalty at the rate of ___% of the contract amount for each day of delay.
4.2. Liability measures of the parties not provided for in this agreement are applied in accordance with the norms of civil legislation in force in the territory of Russia.
4.3. Payment of the penalty does not relieve the Contractor from fulfilling his obligations or eliminating violations.
5. Dispute resolution procedure
5.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.
5.2. If it is impossible to resolve disputes through negotiations, the parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration in ________________ court.
6. Final provisions
6.1. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. The appendices to this agreement constitute its integral part.
6.2. This agreement is drawn up in two copies in Russian. Both copies are identical and have the same strength. Each party has one copy of this agreement.
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 given. We would like to note that it is sometimes quite difficult to draw a clear line between services and work (for example, equipment repair). You can find out further how to correctly conclude transactions for the provision of services, and what types of this agreement there are.
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. A 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 paid services 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;
Information;
Medical;
Consulting;
Veterinary;
Tourist;
Training services, etc.
What is not considered a service?
It is worth noting that service agreements do not include the following types of agreements:
Contract agreement;
To carry out technical work;
Commissions;
To carry out development work;
Transportation;
Bank account;
Transport expedition;
Storage;
Bank deposit;
Trust property management.
Subject of the agreement
As already indicated, the subject of such contracts is exclusively intangible services. Since the quality of its provision directly depends on the person who will provide it, such a service must be performed by the contractor personally (unless the parties have specified otherwise in the contract). Such an agreement must be concluded in writing. Each of the participants must also have a copy of such an agreement on hand. Customers can be legal entities, individual entrepreneurs and capable individuals. The same circle of persons may be involved as a performer.
We draw up an agreement
In order to draw up a correct contract for the provision of services, it is necessary to strictly 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”; you need to specify point by point what kind of activity this will be;
Specify all powers and responsibilities of the parties;
Set clear deadlines within which the activity must be completed;
It would also be useful to indicate the criteria by which the quality of the service will be determined;
Such an agreement, of course, specifies the price of the contractor’s services;
Don't forget to also determine the responsibilities of the parties to the transaction; It is also advisable to specify in the agreement the amount of compensation in case of unilateral refusal.
Features of the agreement
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 a hospital provides care to patients without a license, it will face liability. In addition, if the performer does not have a license, then this agreement may be declared invalid in court. That is, such an agreement will not have any legal weight. The peculiarities of a contract for the provision of services also include the following rule: in some cases, general provisions on contracts and household contracts apply to a service contract.
Termination of the contract
It is worth emphasizing that, unlike other types of transactions, a civil contract for the provision of services can be terminated not only by mutual agreement of the parties, but also by one of its participants (the contractor or the customer) unilaterally. The law provides that the customer may withdraw from the contract provided that he compensates the contractor for all expenses 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 directly during 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 agreement
An agency agreement for the provision of services is an agreement between the principal (actually the guarantor) and the agent (intermediary, executor), according to which the first orders the provision of certain services by a second person (legal services, etc.) on behalf of the principal or directly on behalf of the agent. For such actions the agent is entitled to a reward.
Prerequisites
To conclude an agency agreement according to all the rules, you must indicate:
The function that the agent must perform;
Will he act on his own behalf or on behalf of the customer;
How will he 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;
Conditions for termination of the agreement;
Responsibility of the parties.
Certain types of agreement
A type of contract under consideration is an agreement for the provision of consulting services. They can be either long-term or momentary. This type of contract is often concluded between various specialists and companies. The most popular consulting services are: legal, financial, strategic, advertising, information. In the process of carrying out various real estate transactions, a realtor 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 types of agreements listed, there are many others, and their number is growing every day. Therefore, listing them all in one article is simply unrealistic.
Important points
As it turned out, the contract for the provision of paid services has its own specific specifics. Therefore, his conclusion must be taken more than seriously. In addition, the customer can terminate such an agreement, essentially, at any time. So the performer is initially interested in high-quality execution of the agreed actions, otherwise he may lose his income. Also, do not forget that when concluding such contracts, the contractor is often required to have a license. If an individual or enterprise does not have a license, there is simply no point in concluding an agreement with him. Indeed, if disagreements arise in court, such an agreement will be declared invalid, and it will be extremely difficult to obtain, for example, compensation for losses.
Certain services demanded by one party and provided by the other on a reimbursable basis are regulated and secured by an appropriate agreement.
A bilateral agreement in the form of a standard contract for the provision of services must 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 the Civil Code (Civil Code, Chapter 27; Law No. 2300-1 on the protection of consumer rights 1992/ 07/02 edition 2016/03/07 chapter 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 separately.
Distinctive features of the agreement are:
- specificity of the subject of the contract;
- performer 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 property/material property (Civil Code Art. 779), but implying a different result.
The materialized result of an activity is the subject of a contract (Civil Code Art. 702), and according to a standard contract for the provision of paid services, the purposeful activities of the performer are of particular value to the customer.
Personalization of the performer in the service agreement is mandatory (Civil Code Art. 780), that is, the performing party to the contract undertakes to personally perform the agreed actions. Reassignment of execution (as in the work contract of the Civil Code, Art. 706) is not allowed unless specified in a separate clause in the text of the contract.
The essential terms of the agreement are:
- The subject of the agreement, or the essence of the obligation that the performer assumes (Civil Code Art. 432; Resolution of the Federal Antimonopoly Service of the Ural District 2010/17/03 No. Ф09-1571/10-С2 case No. A50-14201/2009). The description of a service (action) or list of services (set of actions) must be extremely detailed and clear and exclude vague generalizations.
- Start and end dates, or time frames of contractual activities (FAS Resolution 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 (Civil Code Art. 783,).
Other provisions of the agreement may be considered by mutual agreement as significant, 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 held a discussion, reached an agreement on these points and considered them significant (Federal Law No. 273 on education 2012/29/12; Federal Law No. 149 on IT 2006/27/07; Federal Law 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; communications 1999/17/07; Federal Law No. 307 on audit 2008/30/12 and others).
Other Features
Setting a price does not relate to essential conditions (Definition KS 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 Civil Code Art. 424. It should be remembered that the parties are free to establish the amount of remuneration for services rendered, which is strongly recommended to be reflected in the contract.
The characteristic features of a service agreement are:
- written execution of the document (Civil Code Art. 161);
- the subject of the agreement is services of an intangible nature;
- negotiated price and individual terms;
- payment for services is made in a contractual manner (Civil Code Art. 781), prepayment, stage-by-stage payment, payment upon completion, as well as cash and non-cash payments are possible;
- the possibility of unilateral refusal at any time with reimbursement of expenses/losses (Article 782);
- personal execution, unless otherwise specified (Civil Code Art. 780), which implies the service of a specific specialist with special education and professional experience in this field;
- redirection of obligations is not permitted.
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 assessing services of this kind (Civil Code Art. 783,). The criteria for acceptance of services by the customer (if possible) are specified in the agreement (Civil Code Art. 783,). It should be assumed that a specific result is not always achievable and often cannot be described for objective reasons (for example, during the learning process).
Providing a whole range of paid services is possible only if the performer has a license and specialized education (medicine, auditing, communications and others).
The absence of clauses in the contract that are not mandatory (subject and terms) is not grounds for declaring the document invalid. On the contrary, the absence of significant clauses in the contract classifies it as a non-concluded agreement.
Standard form of a service agreement
The service agreement is always bilateral and consensual. The service provider, or the contractor who assumes obligations to provide the service, and the customer who needs the service, and therefore undertakes to pay for the specialist’s actions, are parties to the agreement.
A typical contract form usually includes:
- content (description) of the contractual service indicating the place of its provision;
- deadlines for provision;
- cost and payment scheme;
- quality assessment criteria;
- obligations and rights of the parties to the transaction;
- liability for failure to meet deadlines, refusal of a contract and inadequate quality (incomplete volume), etc.;
- dispute resolution algorithm.
All possible changes to the terms of the contract and necessary innovations are formalized by an additional bilateral agreement signed by the parties to the transaction.
This provision must be stated in the body of the main contract.
Typically, an additional agreement is natural and justified with a “long-term” main contract, since over time the terms of payment for services may change and additional requirements for implementation may appear.
An additional agreement extends the terms of the current contract if, due to circumstances, the demand for the service remains relevant for the customer and has not expired.
It is also appropriate to mention in a separate paragraph the admissibility/inadmissibility of involving third parties in the fulfillment of obligations under the contract.
In this case, the possibility (necessity) of such involvement must be discussed and agreed upon by the parties at the preliminary stage.
Compilation rules
Written documentation is required; notarization is not required.
At the same time, an agreement between two individuals can be oral if the transaction amount is up to 10 thousand (Civil Code Art. 159, 161 clause 1, clause 2).
It is preferable to confirm payment with a receipt or receipt indicating the type of service, the date of receipt and the amount of payment.
Ignoring the written form of the contract creates 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, there is practically no possibility of resolving disputes and conflict situations. Perhaps the only justified oral transaction for services would be to receive an instant paid consultation (the service is provided at the time of request).
The nuances of drawing up a contract for paid services:
- Indication of the place and date of signing the contract is mandatory.
- 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 an executive officer or acting acting director cannot act on behalf of a legal entity, since they are not authorized to make decisions and enter into transactions (Resolution of the Federal Antimonopoly Service of the Moscow Region No. KG-A41/10211-03 2004/09/01). The powers of the person signing the document must be confirmed (power of attorney, Charter).
- 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 method 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 deems necessary or convenient for itself (Civil Code Art. 783,).
- Failure to indicate the validity period of the contract and the demand for services may result in its recognition as not concluded.
- When determining the contract price, foreign currency cannot be indicated, which is a violation (Civil Code Art. 140,).
- 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 (Civil Code Art. 314).
- The contract is accompanied by documents that must be listed in the text (performer’s license, detailed list of works, etc.).
SERVICE AGREEMENT (GENERAL FORM)
_________________ “___” __________ 19 __
___________________________________________________________________________________,
hereinafter referred to as “Customer”, and ___________________________________________________,
(name of enterprise or full name of individual)
acting on the basis of ______________________________________________________________,
(charter, regulations, power of attorney)
hereinafter referred to as the “Contractor”, have entered into this agreement as follows. 1. Subject of the agreement 1.1. Under the contract for the provision of paid services, the Contractor undertakes, on the instructions of the Customer, to provide the services specified in clause 1.2 of this agreement, and the Customer undertakes to pay for these services. 1.2. The Contractor undertakes to provide the following services: ___________________________________,
(list services)
hereinafter referred to as “Services”. 1.4. The period for completing the work is from “__” _________ 199 ___ to “__” _________ 199 ___. The Contractor has the right to complete the work ahead of schedule. 1.4.1. Services are considered provided after signing the Certificate of Acceptance and Delivery of Services by the Customer or his authorized representative. 2. Rights and obligations of the parties 2.1. The performer is obliged: 2.1.1. Provide Services with proper quality. 2.1.2. Provide the Services in full within the period specified in clause 1.4 of this agreement. 2.1.3. Correct free of charge, at the request of the Customer, all identified deficiencies if, in the process of providing the Services, the Contractor made a deviation from the terms of the contract, which worsened the quality of work, within _______ days. 2.1.4. The contractor must perform the work personally. 2.2. The customer is obliged: 2.2.1. Pay for the work at the price specified in clause 3 of this agreement within _____ days from the date of signing the acceptance certificate for the Services. 2.4. The customer has the right: 2.4.1. At all times, check the progress and quality of the work performed by the Contractor, without interfering with his activities. 2.4.2. Refuse to perform the contract at any time before signing the act by paying the Contractor part of the established price in proportion to the part of the Services provided performed before receiving notice of the Customer’s refusal to perform the contract. 3. Contract price and payment procedure 3.1. The price of this contract consists of: 3.1.1. Remuneration to the Contractor in the amount of ________________________________________ rub.
(amount in numbers and words)
3.1.2. The amount of expenses of the Contractor in the amount of ______________________________________ rub.
(amount in numbers and words)
3.2. The price of this agreement is: __________________________________________ rub.
(amount in numbers and words)
3.3. Payment by the Customer to the Contractor of the contract price is carried out by transferring funds to the Contractor's bank account specified in this contract. 4. Responsibility of the parties 4.1. For violation of the term for the provision of Services specified in clause 1.4 of this agreement, the Contractor shall pay the Customer a fine in the amount of ___% of the contract amount and a penalty at the rate of ___% of the contract amount for each day of delay. 4.2. Liability measures of the parties not provided for in this agreement are applied in accordance with the norms of civil legislation in force in the territory of Russia. 4.3. Payment of the penalty does not relieve the Contractor from fulfilling his obligations or eliminating violations. 5. Dispute resolution procedure 5.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties. 5.2. If it is impossible to resolve disputes through negotiations, the parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration to ___________________________________________________________________
(indicate the name and location of the arbitration, arbitration
______________________________________________________________________________________.
or people's court chosen by the parties to resolve disputes)
6. Final provisions 6.1. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. The appendices to this agreement constitute its integral part. 6.2. This agreement is drawn up in two copies in Russian. Both copies are identical and have the same strength. Each party has one copy of this agreement. Addresses and bank details of the parties Customer ___________________________________________________________________________
Performer __________________________________________________________________________
(address and bank details)
Signatures and seals of the parties Customer ____________________________ Contractor __________________________
(signature) (signature)
Under a contract for the provision of services for a fee, the contractor undertakes to provide services on the instructions of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
The contract for the provision of services for a fee is consensual, bilateral and for a fee.
The subjects of the contract for the provision of paid services are the contractor (service provider) and the customer (service recipient). The Civil Code does not contain any special requirements for the subject composition of the obligation to provide paid services. However, special rules are established for the provision of certain types of services. Thus, activities related to the provision of communication, auditing, medical and some other services are subject to mandatory licensing.
Standard contract
SERVICE AGREEMENT
_________________ "___" __________ 20 __
________________________________
(name of organization or full name)
acting on the basis of _____________________________________________, hereinafter referred to as the “Customer”, and __________________________________,
(company name or full name)
acting on the basis of _____________________________________________,
(charter, regulations, power of attorney)
hereinafter referred to as the “Contractor”, have entered into this agreement as follows.
1. Subject of the agreement
1.1. Under the contract for the provision of paid services, the Contractor undertakes to provide the Customer with the services specified in clause 1.2 of this agreement, and the Customer undertakes to pay for the ordered services.
1.2. The Contractor undertakes to provide the following services:
__________________________________,
__________________________________,
__________________________________.
hereinafter referred to as “Services”.
1.3. The period for completing the work is from “__” ______ 20 __ to “__” ______ 20 _. The Contractor has the right to complete the work ahead of schedule.
1.4. Services are considered provided after signing the Certificate of Acceptance and Delivery of Services by the Customer or his authorized representative.
2. Rights and obligations of the parties
2.1. The Contractor undertakes:
2.1.1. Provide Services of appropriate quality.
2.1.2. Provide Services in full and on time specified in clause 1.3. of this agreement.
2.1.3. At the Customer's request, correct all identified deficiencies free of charge within ____ days.
2.1.4. The contractor must perform the work personally.
2.2. The customer is obliged:
2.2.1. The Customer is obliged to pay for the work at the price specified in clause 3 of this agreement within _____ days from the date of signing the acceptance certificate for the Services.
2.3. The customer has the right:
2.3.1. At all times, check the progress and quality of the work performed by the Contractor, without interfering with his activities.
2.3.2. Refuse to perform the contract at any time before signing the act by paying the Contractor part of the established price in proportion to the part of the Services provided performed before receiving notice of the Customer’s refusal to perform the contract.
3. Contract price and payment procedure
3.1. The price of this agreement consists of remuneration to the Contractor in the amount of _________ (____________) rubles. And the amount of the Contractor’s costs in the amount of _________ (____________) rubles.
3.2. The price of this agreement is: _________________________ rub.
3.3. Payment by the Customer to the Contractor of the contract price is carried out by transferring funds to the Contractor's bank account specified in this contract.
4. Responsibility of the parties
4.1. For violation of the term for the provision of Services specified in clause 1.3 of this agreement, the Contractor shall pay the Customer a fine in the amount of ___% of the contract amount and a penalty at the rate of ___% of the contract amount for each day of delay.
4.2. Liability measures of the parties not provided for in this agreement are applied in accordance with the norms of civil legislation in force in the territory of Russia.
4.3. Payment of the penalty does not relieve the Contractor from fulfilling his obligations.
obligations or elimination of violations.
5. Dispute resolution procedure
5.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.
5.2. If it is impossible to resolve disputes through negotiations, the parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration in ________________ court.
6. Final provisions
6.1. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. The appendices to this agreement constitute its integral part.
6.2. This agreement is drawn up in two copies in Russian. Both copies are identical and have the same strength. Each party has one copy of this agreement.