Sample contract for the provision of services. Standard contract for the provision of services: conditions, form, sample Contract for the performance of services

Relationships between any economic entities are regulated by certain documents. One of the types of such agreements is a contract for the provision of services. What kind of document it is, the features of its preparation, as well as the procedure for filling it out, we will consider in our article.

What is a contract?

It is not uncommon for individuals or companies to require the assistance of professionals who are not available on their own staff. The process of obtaining certain assistance from third-party firms or individuals must be documented. In order for both parties to comply with the terms of the transaction, an agreement is drawn up that regulates their rights and obligations.

Such a document regulates each stage of the relationship between the parties. The contractor is obliged to provide certain services at the request of the customer. The customer guarantees their payment. Other documents may be attached to the agreement - estimates, specifications and other calculations. Acceptance of work is documented by issuing an act of acceptance and delivery of work performed.

When is a contract necessary?

There is no clear legal separation between works and services in the law. In practice, a standard contract for the provision of services is drawn up when it comes to intangible activities. That is, when performing actions that do not have a final material expression.

Directions of the service sector are characterized by such qualities as intangibility, inseparability and perishability. Intangibility implies that the result of the performer's activity cannot be touched or tasted. Inseparability implies simultaneous giving and consumption. Non-persistence means that the result of the performer's activity cannot be saved for further implementation.

The works in which the agreement under consideration is used can conditionally be divided into several types. Turning to law enforcement practice, one can notice that the following are more common in Russia:

• Legal;
• medical;
• Advertising;
• Consulting;
• Accounting;
• security;
• Educational.

Paid provision of services involves the receipt of remuneration by the contractor. The law allows such agreements to be drawn up between individuals and legal entities. However, in reality, more often the customer is a small company, and the contractor is a large organization.

At the same time, it is an individual who is the most economically profitable option for cooperation. Businesses have many costs. The individual is wasting only his time, knowledge and energy.

It is noteworthy that the execution of construction work is formalized with the help of a contract. In addition, the agreement in question is not used when providing a service for the transportation of goods or passengers.

Some of the listed activities require a license. Cooperation with a counterparty that does not have the required qualifications may be invalidated.

Features of a standard contract for the provision of services

Its main features in 2018 include the following:

• The parties are any economic entities;
• The contractor performs everything independently, unless otherwise agreed in advance;
• The customer may refuse to cooperate by paying the costs incurred by the counterparty;
• The Contractor may waive its obligations, fully indemnifying the customer for losses.

Given the various needs of individuals and legal entities, there are quite a few types of such documents. Their conditions are reflected in the model rules of a particular industry or a particular organization. Each type is detailed based on the needs of the parties.

The procedure for filling out a standard contract for the provision of services

If the customer is an individual, and the contractor is a company, then the agreement is governed by the Consumer Rights Protection Law. When concluding a transaction with a legal entity, it is necessary to check the authority of the person signing the papers.

Agreements are made in writing with the following points:

• Place and date;
• data from both sides. An individual indicates passport and contact details. The legal entity specifies the details. It is important to indicate who exactly and on what basis acts on behalf of the company;
• Thing. The type of work that the contractor undertakes to perform is indicated;
• Information about the price of work and the option of making calculations;
• Term;
• Responsibility for non-compliance with obligations or their improper performance;
• Dispute resolution method;
• Requisites, signatures (seals).

A sample contract for the provision of services may contain other information directly related to the transaction.

Common Mistakes

The most common errors in the conclusion of this type of document include the following:

• The text is not based on law. That is, it does not use ready-made definitions and formulations from legislative acts;
• When compiling, words and phrases are used that have an ambiguous interpretation;
• The subject of cooperation is not clearly defined;
• The final requirements that the result must meet are not defined.

Many business entities tend to reduce the workflow. In this case, oral interaction can lead to even more errors. In some cases, it is basically impossible.

Responsibility of the parties under the contract for the provision of services

Each of the parties to the transaction has certain rights, but at the same time bears responsibility for the obligations assumed. The responsibility of the parties under the contract is negotiated before its conclusion and is a fundamental point. In the form of liability for improper performance or non-performance of obligations, the following is usually determined:

• Compensation for damages;
• payment of a penalty;
• Interest payment.

If the contractor has not fulfilled his obligations in full, he must compensate the customer for the losses caused through his fault. In this case, damages do not only include the damage caused. It also includes lost profits.

The concept of price and guarantee of the contractor

One of the mandatory items included in a sample contract for the provision of services is its cost. The rules for determining the price are regulated by law. The document itself indicates the price of the required work or the method of its calculation. If the volume of the latter is too large, then the total cost can be calculated by drawing up an estimate.

The contract price can be:

• Definite, i.e. set in absolute value;
• Definable. This means dependent on some factor. In this case, the price is fixed not in a fixed form, but as certain conditions that allow it to be determined later.
• open. This price is not immediately known. It is determined in the future based on preconditions, outside opinion or market conditions.

An important part of the agreement is its duration. The initial and final period for the fulfillment of obligations must be documented. In some cases, specific deadlines are also determined for individual, that is, intermediate stages.

Any service must be of proper quality. This means that the end result of the contractor's activity must comply with the terms of the agreement. If these conditions were not taken into account in the contract for the provision of services, then the quality is determined by other requirements. Usually those that are standardly presented to works of one kind or another.

Quality assurance is divided into legal and contractual. The first are guarantees provided by law. The second are those accepted by the contractor in accordance with the contract and prescribed in it.

Completion and acceptance of works

The final result of high-quality and timely performance of work is usually documented by an act of acceptance. When providing a large amount of work, it is inconvenient to draw up an act in each case, but this issue cannot be ignored.

The act is not always drawn up in the form of a document signed by the parties. Sometimes it is necessary to define in writing the rule on acceptance of services in the absence of objections from the customer. Such acceptance is formalized by drawing up a unilateral act.

Proper drafting of any legal document requires detailed study. To take into account all the possible nuances, you need to review each clause of the agreement several times. This will help to avoid moral and material costs in the future in case of disputes.

You can download a sample contract for the provision of services 2018 on our website

The main problem in drawing up a contract for the provision of services is that it is difficult to distinguish this contract from a work contract, since the definitions of the subject matter of these contracts established by the Civil Code of the Russian Federation are extremely similar. However, the rights and obligations of the parties that arise from the contract are different.

Under a service agreement, services are provided, and work is performed under a work contract. Works, unlike services, have a materially expressed result. The service is consumed at the time of provision and does not exist without a performer. However, in practice, such a distinction is not always obvious - as a result of the provision of consulting services, a written opinion may be provided to the customer. Another example of the difficulty of identifying differences in a subject may be the case when a technical inspection can be carried out during car repair work, which, unlike the repair itself (physical replacement of spare parts), does not have a pronounced result that can be recorded by third parties. For these reasons, the division into works and services can be rather arbitrary, and many contracts are mixed - that is, they include both obligations to provide services and to perform work. Therefore, to select a contractual structure, we recommend determining what prevails: services or works. In addition, legislation often directly qualifies certain relationships as services (catering, tourism, appraisal, etc.).

Mandatory terms of the service agreement

1. An essential (mandatory) condition of this agreement is the subject. The subject is the services that are provided in accordance with the contract. Therefore, when drawing up a contract, it is important to describe them in detail. In some cases, the law establishes additional essential conditions - for example, in the contract for the provision of tourist services there is a rather extensive list of essential conditions.
2. But in most other cases, the contract will be considered concluded if it describes the subject (list, scope of services, customer's task). Even if the contract does not specify a price, the contract will bind the parties, and the latter, in the event of a dispute, will be determined by the court based on the prices of similar services on the market. However, a good contract should not only protect the parties at the time of the dispute, but also prevent the emergence of a dispute. Therefore, when drawing up a contract, it is extremely important to indicate the price of services and the payment procedure - partial or full prepayment or post-payment, as well as the payment details of the parties. In addition, the contract should indicate whether VAT is included in the price.
3. In addition, it is important to indicate the timing of the provision of services - the moments of the beginning and end of their provision.
4. In addition, a rather obvious, but sometimes forgotten condition should be noted: the names of the parties and signatures (including the transcript of the signature) must be filled in and indicated in full, without abbreviations and omissions, so that it is possible to accurately identify the party to the contract.

Additional terms of the service agreement

1. The law establishes a dispositive rule (that is, applicable if the parties have not indicated otherwise in the contract) that the services must be provided by the contractor personally. This rule can be changed: indicate that the contractor can involve third parties in the execution after obtaining the consent of the customer or without such consent. The quality must comply with the requirements that are usually imposed on such services, unless the parties have provided for special requirements for the quality of services in the contract.
2. Depending on the nature of the services, other conditions are included in the contract. Very often, confidentiality clauses are included in the contract. In many cases, the customer transfers some documentation to the contractor, or otherwise communicates information. If such information contains a trade secret or is of value to the customer because it is not known to third parties, but a special trade secret regime has not been established for it, then the contract should establish the procedure for using such information by the contractor. Without such a clause in the contract, it will be extremely difficult to attract the contractor for using such information for purposes other than the provision of services.
3. The contract is often added to the terms of the penalty. There can always be a possibility of breach of contract by the parties to the contract. Therefore, to minimize this probability, the agreement prescribes a penalty in the form of a fixed fine or a penalty fee - it can become a deterrent for an unscrupulous party and provide additional compensation in case of violation. It is important to say that if one of the parties to the contract is a merchant (legal entity or individual entrepreneur), and the other is a consumer, then the penalty is already provided for in consumer legislation, in other cases it is worth additionally indicating it in the contract.

Rights and obligations of the parties to the contract for the provision of services

From the contractor is required to provide services of proper quality, and from the customer timely payment. If the quality of services is inadequate, the customer may demand a reduction in price, or re-provision of the service, or compensation for the costs of eliminating the deficiencies. If the defects are significant, he may withdraw from the contract and claim damages.

Also, the customer can terminate the contract by compensating the contractor's expenses, but if the contractor refuses the contract, he must reimburse not only them, but also all the losses of the customer. If the parties to the contract are two legal entities or two individual entrepreneurs (or an individual entrepreneur and a legal entity), then it can be established in the contract that the customer, in case of refusal, reimburses not only the actual costs, but also must compensate for the losses.

The form of the document "Sample contract for the provision of services" refers to the heading "Agreement 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, jointly 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 Contractor's services in the manner, on time and on the terms and conditions specified in 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. To 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. Respect the confidentiality of the information provided by the Customer in accordance with Section 5 of this Agreement.
2.2. The performer has the right:
2.2.1. Require the Customer to provide the necessary information and documents, make copies of the documents provided by the Customer in order to fulfill 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 settlement account of the Contractor, as well as in case of failure by the Customer to fulfill the obligation to ensure 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 the information, documents, powers necessary to fulfill his obligations under this Agreement, in accordance with written and oral requests of authorized representatives of the Contractor.
2.3.3. Pay for the services of the Contractor in the manner, on time 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 PROCEDURE OF PAYMENTS

3.1. The price of 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 Contractor's settlement account using the details specified in Section 10 of this Agreement or by depositing funds into the Contractor's cash desk.

4. PROCEDURE AND TERMS OF PROVISION OF SERVICES

4.1. The Contractor shall begin to provide 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 Contractor to provide services 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 the 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 provided, 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 its option, to demand from the Contractor:
4.4.1. Free of charge elimination of deficiencies within a reasonable time.
4.4.2. Reducing the price of services established by this Agreement.

5. PRIVACY

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

6. VALIDITY, GROUNDS 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 amended 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 perform the Agreement by 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 obligations under this Agreement by notifying the Customer about this at least ______ days before the date of termination, subject to full compensation to the Customer for losses.

7. RESPONSIBILITIES OF THE PARTIES

7.1. If the Customer violates the deadline for payment for the Contractor's services, established by clause 3.2 of this Agreement, the Contractor has the right to require the Customer to pay a penalty in the amount of ___% of the amount not paid on time.
7.2. The Contractor is not responsible for the decisions made on the basis of the services provided by the Customer and their economic consequences (including possible losses).
7.3. The Parties are released 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 on which the Parties cannot influence and for the occurrence of which they are not responsible, such as natural disasters, fires, emergency social events (war, riots, etc.), government decisions or orders state bodies that make it impossible to fulfill the obligations of the Parties under this Agreement.

8. DISPUTES RESOLUTION

8.1. All disputes and disagreements arising in the process of 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 in the manner prescribed by the current legislation of the Russian Federation.

9. OTHER TERMS

9.1. In matters not covered by this Agreement, the Parties shall be 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:
Annex N 1. List of services provided under this Agreement.

10. ADDRESSES AND DETAILS OF THE PARTIES

Artist: ________________________________________________
___________________________________________________________
___________________________________________________________

Customer: _________________________________________________
___________________________________________________________
___________________________________________________________

SIGNATURES OF THE PARTIES:

Performer: Customer:

Appendix No. 1
to the Service Agreement
N ____ from "___" ______ ____

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

SIGNATURES OF THE PARTIES:

Performer: Customer:

________________________ __________________________

• 
  It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.

02.01.2019

Now various types are used in legal practice, but the most common of them is considered to be a contract for legal services. This agreement determines the composition of legal services provided by the contractor on the instructions of the customer, the procedure for mutual settlements between the parties and compensation for expenses incurred by the contractor, including court costs, if a lawyer is invited as a lawyer. Legal regulation of the contract for the provision of legal services is carried out by Chapter 39 of the Civil Code of the Russian Federation.