Outsourcing contract for computer maintenance. Agreement on the provision of services in the field of information technology

for the provision of services

St. Petersburg "__" _________ 20___

FIRST SERVICE PROVIDER LLC, hereinafter referred to as the "Contractor", represented by CEO Klimov Sergey Arkadievich, acting on the basis of the Charter, on the one hand, and LLC "???????", hereinafter referred to as the "Customer", represented by ?????????? on the other hand, when jointly referred to, the named Parties have concluded this agreement (hereinafter referred to as the Agreement) as follows:

  1. SUBJECT OF THE CONTRACT

1.1 The Customer instructs and pays, and the Contractor assumes the obligation to provide the services (hereinafter referred to as the Services) listed in Appendix No. 1 to this Agreement during the term of the Agreement.

1.2 The Contractor may provide advice on the use of information technologies.

  1. COST OF SERVICES AND PROCEDURE OF PAYMENTS

2.1. total cost services under the contract is specified in the specification (Appendix No. 1)

2.2. For the Services provided by the Contractor in accordance with this Agreement, the Customer shall pay according to the invoices issued by the Contractor. Payment is made by the Customer in rubles, within 10 (ten) banking days from the date of invoicing.

2.3. If the customer wishes to receive Additional services or putting forward by him special requirements not provided for by this Agreement, the issue of the nature of the services, the cost of their payment and the period of provision is decided by the parties by mutual agreement by drawing up an additional Agreement to this Agreement.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Rights and obligations of the Contractor:

3.1.1. The Contractor undertakes to ensure the proper quality of the services provided.

3.1.2. The Contractor undertakes to inform the Customer, at his request, of all information relating to the execution of this Agreement;

3.1.3. The performer has the right:

— demand and receive from the Customer everything Required documents(acts of work performed);

– involve, with the consent of the Customer, in the execution of this Agreement any physical and legal entities for the purpose of timely and high-quality fulfillment of obligations under this Agreement, for the actions of which the Contractor is responsible as for his own;

- demand payment for the services rendered within the time limits established by this Agreement;

– in case of delay in payment for more than 15 days, in the absence of motivated objections or claims for the quality of services on the part of the Customer, suspend the fulfillment of obligations under this Agreement with a mandatory prior notification of the Customer at least 5 days in advance. The Contractor shall be liable for damage caused to the Customer in the event of unreasonable (including in violation of the established procedure) suspension of the provision of services to the Customer.

3.2.Rights and obligations of the Customer:

3.2.1. The Customer undertakes to pay for the services in the manner, within the timeframe and in the amount established by this Agreement, subject to the conditions for the delivery and acceptance of services;

3.2.2. The Customer undertakes to accept reports, letters, certificates and other materials from the Contractor regarding the subject of this Agreement;

3.2.3. The Customer undertakes to accept the services provided by the Contractor and sign the acceptance certificates for the services provided, subject to their proper execution.

3.2.4. The Customer has the right to receive explanations from the Contractor (verbal or writing at the request of the Customer) related to the provision of services.

  1. RESPONSIBILITIES OF THE PARTIES

4.1. The party that has not fulfilled or improperly fulfilled its obligations under this Agreement is obliged to compensate the other party for the losses caused by this.

4.2. The maximum amount of the Contractor's liability for real damage is limited to a sum of money equal to the cost of the Contractor's services to be rendered to the Customer in the month in which the actual damage occurred. The Contractor shall not be liable to the Customer for indirect losses (loss of profit).

4.3 The Contractor shall not be liable to the Customer for damage of any kind incurred by the Customer due to the loss and / or disclosure of their Login and Password.

4.4. Payment of forfeits, penalties, fines or interest does not release the parties from the fulfillment of obligations under this Agreement, as well as from compensation for losses caused to the other party.

4.5. In case of delay in payment by the Customer by more than 15 calendar days in the absence of motivated objections or claims for the quality of services from the Customer, the Contractor has the right to require the Customer to pay a penalty in the amount of 1% of the cost of service in accordance with clause 2.1.1 of this Agreement for each day of delay, but not more than 30% of the cost of the violation.

4.6. The performer bears liability for any damage caused to the Customer as a result of the actions of the Contractor or third parties involved by the Contractor to provide services or perform work under this Agreement.

4.7. If the Customer engages a third party to perform obligations under this Agreement, without written consent with the Contractor, the Contractor is not responsible for the consequences resulting from these actions of third parties.

4.8. In all other cases of non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with current legislation Russian Federation.

  1. FORCE MAJEURE CIRCUMSTANCES

5.1. The parties are released from liability for full or partial failure to fulfill obligations under this agreement, if it was the result of circumstances force majeure if these circumstances affected the execution of this Agreement.

5.2. In the event of the occurrence of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is extended in proportion to the time during which such a circumstance was in effect. If these circumstances may continue for more than three calendar months, then each of the Parties has the right to unilaterally terminate this Agreement. In this case, both parties lose the right to compensation for their losses.

  1. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES

6.1. At the beginning of each month, the Customer pays for the services according to the invoice issued by the Contractor for the upcoming period. Contractor monthly acts on the provision of services.

6.2. The Customer, no later than 5 (five) working days from the date of receipt of the Acceptance Certificate for the Services Rendered, is obliged to send the Contractor a signed Acceptance Certificate for the Services Rendered or reasoned objections in writing.

6.3. If the Contractor accepts written objections, the parties draw up a bilateral Act with a list of necessary improvements and deadlines for their implementation.

6.4. During the provision of services, the Contractor, based on the analysis of the information received and familiarization with the submitted documents, has the right to request from the Customer additional documents and other information that the Customer has.

  1. CONFIDENTIALITY

7.1. When executing the Agreement, the Parties will take all necessary measures to protect each other's trade secrets.

7.2. The Party to this Agreement, guided by the provisions of the Federal Law "On Commercial Secrets" dated July 29, 2004 No. 98-FZ, independently determines the ways to protect information constituting a commercial secret transferred to it under this Agreement.

7.3. For the purposes of this agreement, confidential information means any information that became known to the Contractor in connection with the provision of services under this agreement and gaining access to the Customer's software and hardware complex, regardless of its form, content or designation, except when the information:

  • was lawfully received and known to the recipient until they are disclosed by the other party;
  • well known or can be easily obtained from legal grounds any third party in the ordinary course of its activities in the field of computer development, process development, programming;
  • is brought to the attention of any third party, firm or structure by one of the parties without any restrictions;
  • independently prepared by the Contractor without any recourse to the confidential information provided;
  • currently available to the public, or may be legally obtained by one of the parties from any third party.

7.4. The Parties undertake to store confidential information and other information that has become available in the course of execution of this Agreement for 5 (Five) years. Any use, distribution or use of such information may be made only with the written consent of the other party. If one of the parties to the agreement (or any of its affiliates) allows the disclosure of confidential information in violation of this agreement, the party that committed such a violation at the request of the other party undertakes to pay a fine in the amount of ten times the amount of the Contractor's remuneration in accordance with clause 2.1. of this Agreement, as well as compensate for the losses caused by such distribution to the other party.

7.5. The Contractor has the right to disclose information received in connection with the execution of this Agreement in cases established by federal law“On Trade Secrets” dated July 29, 2004 No. 98-FZ, and only on the basis of official written requests (requirements) of the authorities state power authorized to request such information, or on the basis of a court decision with the obligatory notification of the Customer.

  1. CLAIMS. DISPUTES RESOLUTION

8.1. Claims may be submitted by the Customer to the Contractor regarding the quality and timing of the services rendered within the time limits in accordance with this Agreement.

8.2. All disputes related to the execution of this Agreement, the Parties will seek to resolve through negotiations.

8.3. In case of failure to resolve disputes and disagreements through negotiations, disputes and disagreements are resolved in the Arbitration Court of the city of St. Petersburg and Leningrad region in the manner prescribed by the current legislation of the Russian Federation.

  1. CONTRACT TIME

9.1. This Agreement comes into force from the moment of signing and is concluded for a period up to 12/31/2017. The rights and obligations provided for by this Agreement shall apply to the Parties from the moment it is signed by authorized representatives of the Parties.

9.2. After the expiration of this Agreement, if the Parties continue to fulfill its terms, the agreement is considered renewed for an indefinite period on the terms that are in force at the time of renewal, taking into account additions and changes regarding the payment of remuneration in accordance with clause 2.1.

9.3. Each of the Parties has the right to terminate the agreement by notifying the other Party one calendar month in advance.

  1. PROCEDURE FOR TERMINATION OF THE AGREEMENT

10.1. The Parties have the right to terminate this Agreement before the expiration of the specified period by mutual agreement.

10.2. The Customer has the right to terminate this Agreement with the Contractor unilaterally by paying the Contractor for the actually rendered services, notifying the termination of this Agreement at least one month in advance.

10.3. Upon termination or expiration of the Agreement, the Contractor undertakes, within 3 (three) working days, to transfer or send to the Customer all the materials at his disposal, as well as all materials available to him regarding the execution of this Agreement, including transferring it on a separate medium provided by the customer, the last copy of the 1C base with all the data and information at the time of termination of this agreement.

  1. PROCEDURE FOR AMENDING AND SUPPLEMENTING THE AGREEMENT

11.1. Any changes and additions to this Agreement are valid only if they are fixed by the parties in writing and signed by officially authorized representatives of the parties.

  1. FINAL PROVISIONS

12.1. All Annexes to this Agreement are its integral part.

12.2. Negotiations and correspondence preceding the signing of this Agreement shall lose their legal force at the time of its signing.

12.3. This Agreement, as well as annexes, additional agreements, comments, minutes, correspondence, claims and other documents on issues related to this Agreement, may be transmitted by the Parties by facsimile or Email with the obligatory subsequent provision of originals.

12.4. The transfer by the Parties of the originals (copies) of documents under this Agreement is formalized by the Certificate of acceptance - transfer of documents.

12.5. This Agreement is signed in two copies of equal legal force, one original copy for each of the parties

12.6. When changing addresses, banking and other details, the parties shall immediately inform each other about it.

12.7. In all other respects not provided for by this Agreement, the parties are guided by the current legislation of the Russian Federation.

Outsourcing is a very promising and growing business direction.
V recent years more and more business leaders are thinking about saving money and time spent in some areas of their business.

For example, it's easier not to hire staff accountant to the organization for a full decent salary and a full working day.

And to transfer accounting to qualified specialists who will keep accounting directly in their office and receive payment stipulated by the outsourcing agreement concluded between the enterprise and the company providing accounting services.

Convenient, high quality and reduces some costs.

Accounting services can be outsourced, as we cited as an example above, transport services, translation, security, maintenance of equipment and computers, with software.

Outsourcing agreement

Like any contract concluded between persons, and services under an outsourcing contract can be provided by legal entities, it must be concluded in writing.

The difference between outsourcing and simply provided services is not a one-time or short-term use of this type of service, but on a long-term basis, which ensures high-quality and uninterrupted work of the outsourced department.

When drawing up a contract, the parties must include the following information in the text:

  • Names of the parties. Since the parties are legal entities, it is necessary, in addition to the names of organizations, to indicate the persons who act on their behalf.
  • Subject of the contract. In this section of the contract, you should list what will be included in the IT outsourcing services.
  • Contract time.
  • Since in this case we are considering IT support, accordingly, the contractor will be able to access data that represents the trade secret of the enterprise. And therefore, it is desirable to discuss the non-disclosure of the information received.
  • Rights and obligations of the parties.
  • Contract settlements.
  • Dispute resolution.
  • Actions under force majeure circumstances.
  • Other conditions.
  • Addresses and signatures of the parties to the agreement.

Services under an IT outsourcing agreement

The contract for the provision of IT services, either in the text itself or in an annex to it, should list the functions that the contractor must perform.

An IT service agreement may be concluded for the following services:

  • Support and maintenance of the organization's website.
  • Support for computer technology.
  • Use of software products.
  • Also, an IT outsourcing agreement may involve Subscriber maintenance of computers. This is the most frequently used product, representing a wide range of services: from setting up equipment to training staff.

for the provision of services

St. Petersburg "__" _________ 20___

FIRST SERVICE PROVIDER LLC, hereinafter referred to as the "Contractor", represented by General Director Sergey Arkadyevich Klimov, acting on the basis of the Charter, on the one hand, and "??????????" LLC, hereinafter referred to as the "Customer ", in the face?????????? on the other hand, when jointly referred to, the named Parties have concluded this agreement (hereinafter referred to as the Agreement) as follows:

  1. SUBJECT OF THE CONTRACT

1.1 The Customer instructs and pays, and the Contractor assumes the obligation to provide the services (hereinafter referred to as the Services) listed in Appendix No. 1 to this Agreement during the term of the Agreement.

1.2 The Contractor may provide advice on the use of information technology.

  1. COST OF SERVICES AND PROCEDURE OF PAYMENTS

2.1. The total cost of services under the contract is indicated in the specification (Appendix No. 1)

2.2. For the Services provided by the Contractor in accordance with this Agreement, the Customer shall pay according to the invoices issued by the Contractor. Payment is made by the Customer in rubles, within 10 (ten) banking days from the date of invoicing.

2.3. If the Customer wishes to receive additional services or puts forward special requirements that are not provided for by this Agreement, the issue of the nature of the services, the cost of their payment and the period of provision is decided by the parties by mutual agreement by drawing up an additional Agreement to this Agreement.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Rights and obligations of the Contractor:

3.1.1. The Contractor undertakes to ensure the proper quality of the services provided.

3.1.2. The Contractor undertakes to inform the Customer, at his request, of all information relating to the execution of this Agreement;

3.1.3. The performer has the right:

– demand and receive from the Customer all the necessary documents (certificates of work performed);

— involve, with the consent of the Customer, any individuals and legal entities in the execution of this Agreement for the purpose of timely and high-quality fulfillment of obligations under this Agreement, for the actions of which the Contractor is responsible as for his own;

- demand payment for the services rendered within the time limits established by this Agreement;

– in case of delay in payment for more than 15 days, in the absence of motivated objections or claims for the quality of services on the part of the Customer, suspend the fulfillment of obligations under this Agreement with a mandatory prior notification of the Customer at least 5 days in advance. The Contractor shall be liable for damage caused to the Customer in the event of unreasonable (including in violation of the established procedure) suspension of the provision of services to the Customer.

3.2.Rights and obligations of the Customer:

3.2.1. The Customer undertakes to pay for the services in the manner, within the timeframe and in the amount established by this Agreement, subject to the conditions for the delivery and acceptance of services;

3.2.2. The Customer undertakes to accept reports, letters, certificates and other materials from the Contractor regarding the subject of this Agreement;

3.2.3. The Customer undertakes to accept the services provided by the Contractor and sign the acceptance certificates for the services provided, subject to their proper execution.

3.2.4. The Customer has the right to receive explanations from the Contractor (orally or in writing at the request of the Customer) related to the provision of services.

  1. RESPONSIBILITIES OF THE PARTIES

4.1. The party that has not fulfilled or improperly fulfilled its obligations under this Agreement is obliged to compensate the other party for the losses caused by this.

4.2. The maximum amount of the Contractor's liability for real damage is limited to a sum of money equal to the cost of the Contractor's services to be rendered to the Customer in the month in which the actual damage occurred. The Contractor shall not be liable to the Customer for indirect losses (loss of profit).

4.3 The Contractor shall not be liable to the Customer for damage of any kind incurred by the Customer due to the loss and / or disclosure of their Login and Password.

4.4. Payment of forfeits, penalties, fines or interest does not release the parties from the fulfillment of obligations under this Agreement, as well as from compensation for losses caused to the other party.

4.5. In case of delay in payment by the Customer for more than 15 calendar days in the absence of motivated objections or claims for the quality of services from the Customer, the Contractor has the right to require the Customer to pay a penalty in the amount of 1% of the cost of service in accordance with clause 2.1.1 of this Agreement for each day delay, but not more than 30% of the value of the violation.

4.6. The Contractor shall be liable for any damage caused to the Customer as a result of the actions of the Contractor or third parties involved by the Contractor in the provision of services or performance of work under this Agreement.

4.7. If the Customer engages a third party to perform obligations under this Agreement, without the written consent of the Contractor, the Contractor shall not be liable for the consequences resulting from these actions of third parties.

4.8. In all other cases of non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

  1. FORCE MAJEURE CIRCUMSTANCES

5.1. The Parties are released from liability for full or partial failure to fulfill obligations under this Agreement, if it was the result of force majeure circumstances, if these circumstances affected the execution of this Agreement.

5.2. In the event of the occurrence of force majeure circumstances, the deadline for fulfilling obligations under this Agreement is extended in proportion to the time during which such a circumstance was in effect. If these circumstances may continue for more than three calendar months, then each of the Parties has the right to unilaterally terminate this Agreement. In this case, both parties lose the right to compensation for their losses.

  1. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES

6.1. At the beginning of each month, the Customer pays for the services according to the invoice issued by the Contractor for the upcoming period. Contractor monthly acts on the provision of services.

6.2. The Customer, no later than 5 (five) working days from the date of receipt of the Acceptance Certificate for the Services Rendered, is obliged to send the Contractor a signed Acceptance Certificate for the Services Rendered or reasoned objections in writing.

6.3. If the Contractor accepts written objections, the parties draw up a bilateral Act with a list of necessary improvements and deadlines for their implementation.

6.4. During the provision of services, the Contractor, based on the analysis of the information received and familiarization with the submitted documents, has the right to request from the Customer additional documents and other information that the Customer has.

  1. CONFIDENTIALITY

7.1. When executing the Agreement, the Parties will take all necessary measures to protect each other's trade secrets.

7.2. The Party to this Agreement, guided by the provisions of the Federal Law "On Commercial Secrets" dated July 29, 2004 No. 98-FZ, independently determines the ways to protect information constituting a commercial secret transferred to it under this Agreement.

7.3. For the purposes of this agreement, confidential information means any information that became known to the Contractor in connection with the provision of services under this agreement and gaining access to the Customer's software and hardware complex, regardless of its form, content or designation, except when the information:

  • was lawfully received and known to the recipient until they are disclosed by the other party;
  • is generally known or can be easily obtained legally by any third party in the ordinary course of their business in the field of computer development, process development, programming;
  • is brought to the attention of any third party, firm or structure by one of the parties without any restrictions;
  • independently prepared by the Contractor without any recourse to the confidential information provided;
  • currently available to the public, or may be legally obtained by one of the parties from any third party.

7.4. The Parties undertake to store confidential information and other information that has become available in the course of execution of this Agreement for 5 (Five) years. Any use, distribution or use of such information may be made only with the written consent of the other party. If one of the parties to the agreement (or any of its affiliates) allows the disclosure of confidential information in violation of this agreement, the party that committed such a violation at the request of the other party undertakes to pay a fine in the amount of ten times the amount of the Contractor's remuneration in accordance with clause 2.1. of this Agreement, as well as compensate for the losses caused by such distribution to the other party.

7.5. The Contractor has the right to disclose information received in connection with the execution of this Agreement in cases established by the Federal Law "On Commercial Secrets" dated July 29, 2004 No. 98-FZ, and only on the basis of official written requests (requirements) of state authorities authorized to request such information, or on the basis of a court decision with mandatory notification of the Customer.

  1. CLAIMS. DISPUTES RESOLUTION

8.1. Claims may be submitted by the Customer to the Contractor regarding the quality and timing of the services rendered within the time limits in accordance with this Agreement.

8.2. All disputes related to the execution of this Agreement, the Parties will seek to resolve through negotiations.

8.3. In the event that disputes and disagreements are not settled through negotiations, disputes and disagreements are resolved in the Arbitration Court of the city of St. Petersburg and the Leningrad Region in the manner prescribed by the current legislation of the Russian Federation.

  1. CONTRACT TIME

9.1. This Agreement comes into force from the moment of signing and is concluded for a period up to 12/31/2017. The rights and obligations provided for by this Agreement shall apply to the Parties from the moment it is signed by authorized representatives of the Parties.

9.2. After the expiration of this Agreement, if the Parties continue to fulfill its terms, the agreement is considered renewed for an indefinite period on the terms that are in force at the time of renewal, taking into account additions and changes regarding the payment of remuneration in accordance with clause 2.1.

9.3. Each of the Parties has the right to terminate the agreement by notifying the other Party one calendar month in advance.

  1. PROCEDURE FOR TERMINATION OF THE AGREEMENT

10.1. The Parties have the right to terminate this Agreement before the expiration of the specified period by mutual agreement.

10.2. The Customer has the right to terminate this Agreement with the Contractor unilaterally by paying the Contractor for the actually rendered services, notifying the termination of this Agreement at least one month in advance.

10.3. Upon termination or expiration of the Agreement, the Contractor undertakes, within 3 (three) working days, to transfer or send to the Customer all the materials at his disposal, as well as all materials available to him regarding the execution of this Agreement, including transferring it on a separate medium provided by the customer, the last copy of the 1C base with all the data and information at the time of termination of this agreement.

  1. PROCEDURE FOR AMENDING AND SUPPLEMENTING THE AGREEMENT

11.1. Any changes and additions to this Agreement are valid only if they are fixed by the parties in writing and signed by officially authorized representatives of the parties.

  1. FINAL PROVISIONS

12.1. All Annexes to this Agreement are its integral part.

12.2. Negotiations and correspondence preceding the signing of this Agreement shall lose their legal force at the time of its signing.

12.3. This Agreement, as well as annexes, additional agreements, comments, protocols, correspondence, claims and other documents on issues related to this Agreement, may be transmitted by the Parties by facsimile or e-mail with the obligatory subsequent provision of the originals.

12.4. The transfer by the Parties of the originals (copies) of documents under this Agreement is formalized by the Certificate of acceptance - transfer of documents.

12.5. This Agreement is signed in two copies of equal legal force, one original copy for each of the parties

12.6. When changing addresses, banking and other details, the parties shall immediately inform each other about it.

12.7. In all other respects not provided for by this Agreement, the parties are guided by the current legislation of the Russian Federation.

Competition is a factor that develops the market. V modern conditions constant struggle, success is obtained only by those businessmen who are able to optimize the costs of their enterprises as much as possible, without causing damage to production or reputation. One of the ways to reduce additional costs is cooperation with outsourcing companies.

For example, when a company maintains its own staff of accountants, it is expensive and troublesome: each of them needs to pay a regular salary, provide a place, constantly change equipment, monitor skill levels, and pay taxes. Therefore, it is often more profitable to contact a specialized company offering its services to the market for accounting papers.

What is this document

Such an agreement implies transfer of any duties to a company that specializes in such services. This is done to save the company's money, eliminating the need to maintain its own staff of employees.

In our country, this is a relatively new phenomenon, although it has already become widespread. By transferring a number of non-core activities of the company to other people professionally specializing in this, You can get many benefits:

  • reduction of non-production costs;
  • saving resources, time (it can be difficult to find, train and correctly register new employees without making mistakes).

By outsourcing additional functions for implementation to a third-party company, the firm can expect for the correct and timely completion of tasks. The bottom line is that outsourcers are mostly professionals with their own workplace and software, as well as professionals are highly qualified. Outsourcing company managers are interested in raising professional level their employees.

The principle of outsourcing is simplea person is on the staff of one outsourcing company, which receives the task from the customer enterprise. Working for one firm, he simultaneously helps another, while obeying his superiors. As a result, its functions are to some extent controlled by two parties - the client and the employer.

The legislation does not regulate a clear list of rules that would indicate the range of services, permitted to be performed under an outsourcing agreement. Typically, these include types of work such as programming, design development, various IT services, accounting, cleaning and security of premises, organizing negotiations, meetings, events and meals. It helps with focus all the forces of the company on its main task without forcing management to control minor ancillary processes.

Some entrepreneurs transfer their accounting into the hands of other employees without any problems, others are too distrustful and are not yet ready to take such a step, because not every businessman wants to work openly and fully reflect all the information on cash flow company. The choice is too individual and depends on the reputation of the outsourcer and trust in this organization.

Permissible types of services provided by law

There are many activities outsourced by companies.- these are all functions that are not essential for the organization. These most often include:

  • accounting Transferring the preparation of accounting documentation to another company is the most popular type of outsourcing service. In this direction, several branches are distinguished: paper reporting, full service with/without keeping an account. This service is especially in demand among small companies. Their staff itself is not too large to keep accountants, and the head cannot prepare reports on his own, it takes a lot of time and effort;
  • IT industry. Again, it's all about basic savings. It is unprofitable to hire a separate employee to maintain office equipment, develop websites or install additional software. For such needs, outsourcing services are used;
  • legal assistance. Professional lawyers can work for the customer, accompanying him in all legal cases related to tax and administrative conflicts, agreements with counterparties. In most small businesses, there is practically no work for a lawyer, therefore it makes no sense to pay a full salary to such an employee, it is much easier to hire a specialist for a while;
  • logistics services- this area is connected with the provision of the enterprise, the performance of the transportation function. This is necessary if the company sometimes needs to transport cargo, and buying its own transport and hiring drivers is unprofitable.

It is beneficial to turn to outsourcers in a situation where the company's staff is small, and also when the turnover does not allow keeping non-core specialists on the staff. For example, if the services of an accountant or a system administrator are not needed every day, then it is more profitable to conclude an agreement with an outsourcing company that will undertake these services.

General provisions of the contract

Let's start with the fact that the law does not provide for special measures to regulate outsourcing services. The agreement is the only document that controls the transaction.

All contracts, according to current legal practice, must contain the following points:

  • conditions for the implementation of the agreement for both parties;
  • the most detailed description of the services provided;
  • must contain signatures officials who have the right to do so (head, deputy director, etc.);
  • transactions performed should be recorded to avoid misunderstandings.

Sample document

The agreement contains the following sections:

  1. An introduction that spells out the names of the companies, the names of the persons signing the agreement, and the basis on which they do so.
  2. Subject of the contract - this part lists the services that are transferred to the work of an outsourcing company.
  3. Volume and cost of work. This section requires special attention. It is very important to stipulate what specific functions and to what extent are transferred to the outsourcer, what payment he will receive for this.
  4. Rights and obligations of the parties.
  5. The procedure for monitoring the work done.
  6. Responsibility of companies - the section indicates the responsibility for ignoring the deadlines for the delivery of work or the transfer of services of unacceptable quality, describes the exact amount of penalties and forfeits.
  7. Resolution of a possible conflict - the paragraph contains information on the pre-trial procedure for resolving disputes, describes in which instance the process will be considered if it is not possible to reach a consensus.
  8. Timing - refers to the duration of the agreement. Usually it is for 12 months with the possibility of extension.
  9. The procedure for amending or terminating the contract. It's about the process of making additional conditions, services or requirements, as well as the severance of relations.
  10. Other conditions - all other points that the companies consider significant are specified here.
  11. Requisites, seals of firms and signatures of officials.

Signing advice. What to look out for

The first thing to pay attention to is confidentiality. This is the observance of official and commercial secrets, as well as the anonymity of all involved employees who become known to the outsourcer. In this matter, the choice of a good partner company and the reflection in the agreement of the relevant conditions is of great importance.

The service agreement must include a number of requirements related to the qualifications of the professional experience of the outsourcer's employees, whom he intends to involve in solving the problems of the customer. This is really necessary if a contract for the provision of work force, including when providing people from neighboring countries.

It is recommended that, in order to reduce tax risks, the document for the provision of services include all relevant risk insurance claims provided by law. We are talking about the subject of the contract, the procedure for the provision of services, terms and so on. Moreover, all points should be formulated as specifically as possible, without inaccuracies, because this can become a controversial point in the trial. The text of the document should use the terminology of the Tax Code.

The composition of the agreement necessarily provides for the correct documenting all the services that will be discussed: invoices, work deeds and signatures. Particular attention is paid to Responsibility for the quality of work delivered and compliance with all deadlines.

The document should describe the option of compensation for the customer's losses received as a result of improper performance of their duties by the outsourcer. Specific liability in material form is indicated: compensation for damage or fines.

The video contains interesting and useful information about what outsourcing is and how to effectively use this business tool.

IT OUTSOURCING SERVICE AGREEMENT No. ___ Tambov "___" ___ 20 ___ Individual entrepreneur Alekseevsky Alexander Alekseevich, hereinafter referred to as the Contractor, represented by Alekseevsky Alexander Alekseevich, acting on the basis of Certificate series 77 No. 012502261 and ___, hereinafter referred to as the Customer, represented by ___ acting on the basis of ___, on the other hand, hereinafter collectively referred to as the Parties, concluded this Agreement as follows. 1. Subject of the Agreement 1.1. Under the paid services agreement, the Contractor undertakes to provide the services specified in Appendix 1 of this agreement, hereinafter referred to as the "Services", and the Customer undertakes to pay for these Services. 1.2. Services are considered rendered after the signing of the act of acceptance and delivery of Services by the Customer or his authorized representative. 2. Rights and obligations of the parties 2.1. Performer: 2.1.1. Provides the Services provided for in Appendix 1 of this agreement at the location of the Customer: ___. 2.1.2. The Contractor independently determines the number of specialists required to fulfill the Customer's requests. 2.1.3. Provides the Customer with a qualified specialist daily from 9:00 to 18:00 for the entire duration of the contract. 2.1.4. If necessary and in agreement with the Customer, the Contractor has the right to engage third parties to fulfill obligations under this agreement. 2.2. Customer: 2.2.1. Pays for the services of the Contractor in the amount and terms provided for in Appendix 1 of this agreement. 2.2.2. Provides the Contractor with the documents and certificates necessary for the performance of the contract. 2.2.3. Provides free access for the Contractor's specialists to computer equipment. 2.2.4. He is obliged to sign the act of acceptance or to declare to the Contractor his motivated objections. 2.2.5. The customer is responsible for licensing the installed software . 3. Order of delivery and acceptance of rendered services 3.1. The Contractor submits to the Customer an acceptance certificate at the end of each month. 3.2. The act indicates: - the name of the services rendered; - date of provision of services; 3.3. Any other information that the Parties deem necessary to indicate may be included in the act. 4. The amount and procedure for payment for the services of the Contractor 4.1. For the services rendered by the Contractor in accordance with Appendix 1 of this agreement, the Customer transfers to the Contractor monthly ___ rubles. 4.2 Payments for the services rendered are made by transferring to the Contractor's account by the Customer no later than 7 days from the date of signing the acceptance certificate. 4.3. The cost of the Contractor's services, specified in clause 4.1, is established for the entire duration of this agreement and can be changed no more than once a year with the notification of the Customer. 5. Duration of the contract 5.1. The Contractor begins to fulfill its obligations within one day from the date of signing this agreement. 5.2. This agreement is concluded for an indefinite period and comes into force from the moment of its signing. 5.3. The Service Agreement may be terminated by either party with one week's notice to the other party. 6. Other conditions 6.1. The contract may be amended and supplemented by agreement of the parties. 6.2. Appendix 1 is considered an integral part of this Agreement. 6.3. The responsibility of the parties is determined in accordance with the current legislation of the Russian Federation. 6.4. This Agreement is made in two copies having equal legal force, one copy for each of the Parties. 6.5. All disputes arising under this contract and out of it, the parties will resolve through negotiations. If the parties fail to reach an agreement during negotiations, the dispute is subject to arbitration. 7. Location, details and signatures of the parties ContractorCustomerIndividual entrepreneur Alekseevsky Alexander Alekseevich Legal address: 115135, Moscow, st. Sadovnicheskaya, 53, v \ h Postal address: 392018, Tambov, st. Shirokaya, 53, apt. 3 TIN: 770501619003 OGRNIP: 310774608500158 Bank: OJSC ABB AVANGARD Settlement account: 40802810726100002701 K / count №30101810000000000201 Beach: 044525201 Individual entrepreneur _______________ / Alekseevsky A.A. / (signature) (deciphering signature) MP____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________] _________________ /________________/ (signature) (signature) M.P. Individual entrepreneur Alekseevsky Alexander Alekseevich 115135, Moscow Moscow, st. Sadovnicheskaya, 53, military unit _______________________ (Alekseevskiy A.A) _______________________() M.P. Standard contract for the provision of services p. 3 of 3