Buy a contract for the provision of services. Service agreement (quick contract)

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 price is not specified in the contract, 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 occurrence 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-delivery 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 withdraws from 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.

What is he doing?

The contract constructor will automatically generate a service contract. You only need to correct the data in red with your own. You can download the contract in Word.

Who needs it?

Organizations, individual entrepreneurs and individuals concluding service contracts.

Price

Using the contract constructor is free, without sending SMS and without registration.

Data entry (everything is free!):

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Where can I find a sample of the responsibilities of a particular service?

There are a lot of standard contracts on the Internet. With the help of the constructor, you can create a template, then enter the duties and correct them.

Under the contract for the provision of services, the contractor undertakes to perform certain actions on the instructions of the customer. And the customer undertakes to pay for the services rendered (clause 1 of article 779 of the Civil Code of the Russian Federation). The list of services forms the subject of the contract, so they should be spelled out in it as specifically as possible.

In addition, in the contract for the provision of services it makes sense to indicate (if possible):

• the volume of services provided, for example, the number of teaching hours that the teacher will have to conduct;
• place of provision of services, if the contractor will have to clean the territory, provide security for the premises, etc.;
• other characteristics, including the result of services. It is clear that when providing, for example, consulting services, there may not be a materialized result. At the same time, the work of an appraiser or auditor, as a rule, ends with a written conclusion, which can be considered a certain result.

If the subject of the contract is not agreed, then, as a general rule, the contract is considered not concluded. This means that none of the parties has the right to demand the fulfillment of obligations under it from the other party (clause 1 of article 432, clause 1 of article 425 of the Civil Code of the Russian Federation).

Contract for the provision of services

The contract for the provision of services for a fee must indicate the price - the monetary value of the cost of services, as well as the obligation of the customer to pay for the services (Articles 779, 781 of the Civil Code of the Russian Federation). The price in the contract is set in a fixed amount, or it prescribes the procedure for its calculation, if the cost of services (before they are provided) cannot be determined in advance. It also specifies the condition for the inclusion of VAT in the price.

With regard to payment for services by the customer, the contract for the provision of services between legal entities should contain:

• payment procedure (prepayment or after the provision of services) and payment term (calendar date, expiration of a certain number of days calculated from a specified date or event, etc.);
• form of payment - non-cash, in cash, through counter agreements (clause 2, article 861, article 862 of the Civil Code of the Russian Federation). Remember that when making cash payments between organizations and / or individual entrepreneurs, you cannot transfer more than 100 thousand rubles. under one agreement (clause 6 of the Instruction of the Bank of Russia dated 07.10.2013 N 3073-U).

Paid service agreement: sample

Below is an example of a service agreement. And in the legal reference system Consultant+ you can find standard contracts for the provision of various types of services, for example, a contract for the provision of legal services

Contract for the free provision of services

The possibility of concluding a contract for the provision of services free of charge is a debatable issue. Some experts believe that such an agreement, in principle, cannot be concluded, since, in accordance with the Civil Code of the Russian Federation, the agreement is supposed to be paid (

The range of services that the contractor can provide to the customer according to the standard form of a service agreement is extremely wide, thanks to a variety of actions to meet the needs in the civil law sphere.

The development of the economy and the growth of information (knowledge) in the intellectual field have contributed to the emergence of a large number of new services, the implementation of which is carried out on the basis of the conclusion of contractual relations for the provision of consulting, information and other services, including training services.

We have forms of contracts that are appropriate to conclude when providing the following services:

• general;
• legal;
• accounting;
• information;
• consulting;
• audit;
• tourist;
• communications;
• marketing;
• security;
• advertising;
• real estate;
• transport.

What kind of services you or your client need is decided individually in each individual case, in our service you can find all these service agreements with the necessary annexes.

Legal regulation of contracts

The legal regulation of these agreements is carried out by the norms of the Civil Code of the Russian Federation. In particular, Chapter 39 of the Civil Code of the Russian Federation ("Paid services"). The rules of the chapter apply to contracts for the provision of medical, auditing, information, consulting, veterinary, training and some other services.

And Article 783 of the Civil Code of the Russian Federation states that the general provisions on the contract may apply to this agreement, if this does not contradict the subject of the agreement. It is worth remembering that these documents have a significant difference between them: in one case, services are provided to the customer, in the other, work is performed. It is quite difficult to distinguish between documents due to the lack of definitions of the concepts “work” and “service” in the Civil Code of the Russian Federation.

However, these concepts are defined in the Tax Code of the Russian Federation. Work is an activity, the results of which have a material expression. Services are considered to be activities, the results of which do not have a material expression, and are consumed in the process of carrying out this activity. Thus, when concluding a contract for the provision of services, the customer does not pay for the result of the work, but directly for the process of providing certain services.

The process of "providing a service" refers to the commercial (entrepreneurial) activity of an individual, legal entity or individual entrepreneur, aimed at meeting the needs of others. Services, most often, are provided on the basis of an appropriate form of an agreement for the provision of services concluded between the contractor and the customer.

The concept of a service contract

According to the service agreement, the contractor undertakes, on the instructions of the customer, to provide some service / services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

According to the above definition, a contract for the provision of services, or a sample thereof, is consensual, reimbursable and bilateral.

Contracts for the provision of services: features of the conclusion

The following rules apply to contracts concluded when providing any services in 2020:

• According to Article 780 of the Civil Code of the Russian Federation, the contractor is obliged to provide services personally, unless otherwise provided by the concluded document. However, this does not deprive the contractor of the right to include in the sample agreement for the provision of services a condition on the involvement of co-executors, after agreeing on the conditions with the customer.
• Some activities require a license.
• A written task is the basis for a competent definition of the subject in a sample of such a contract for the provision of services. The formulation of the task is one of the main responsibilities of the customer, along with payment for the services performed on time and in the manner specified in the contract.
• If the possibility of early provision of a particular service is not provided for by the agreement, the customer has the right not to pay for the services performed ahead of schedule.
• In case of impossibility to fulfill obligations that arose due to the fault of the customer, he is obliged to pay for the services in full, unless otherwise provided by the contract or legislation.
• In the event that it is impossible to fulfill obligations arising from circumstances beyond the control of the parties, the customer is obliged to reimburse the contractor for the expenses actually incurred by him, unless otherwise provided in the contract or legislation.
• The customer has the right to terminate the contract for the provision of services, subject to payment to the contractor of the expenses actually incurred by him.
• The contractor has the right to terminate the contract only on condition of full reimbursement of expenses to the customer.

Causes of disputes under the contract for the provision of services

• Most often, disputes arise due to an insufficiently clearly formulated task, the absence of deadlines and other specific indicators in the contract.
• A common cause of disputes is the insolvency of the customer, as well as the lack of mechanisms to ensure fulfilled obligations.

How to ensure the fulfillment of contractual conditions?

The fulfillment of obligations under the contract for the provision of any services is ensured in the following ways:

• forfeit (in the form of fines);
• bank guarantee;
• retention of the debtor's property;
• surety;
• contract insurance;
• deposit and some other ways provided by the agreement or legislation.

It is also advisable to apply insurance of concluded contracts. Such measures will help to eliminate or minimize property losses when concluding a sample contract for the provision of services, which you can download in our service.