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Contract for the provision of services. The procedure for settlements under the service agreement

The essential terms of the contract for the provision of services must be observed in it.

Without their indication or if the data is filled in incorrectly, problems may arise with the recognition of the agreement as invalid.

To prevent this from happening, and the transaction took place, special attention should be paid to the correct drafting of the contract.

This is the only way to protect the participants in the transaction from abuse and fraud.

The Civil Code of the Russian Federation in the article defines the contract for the provision of services for compensation.

Paragraph one of this article states that such a contract is recognized under which one party, the contractor, is obliged, within the framework of the agreement, to provide certain services in favor of the customer, and the second, in turn, must pay for them.

Clause 2 of Article 779 of the Civil Code of Russia defines a list of possible varieties of such an agreement.

These include transactions for the provision of medical, information, educational and other services.

Form and decoration

Theoretically, a service agreement can be concluded verbally between the parties.

They have the right to agree on the conditions for fulfilling the customer's tasks, terms and payment, etc.

However, this threatens with a lack of timely payment for the contractor or poor-quality work for the customer.

To avoid problems and disagreements, it is better to draw up a contract for the provision of services strictly in writing. It is signed by the parties, which means their agreement with the terms of the transaction.

Documents of this type can be drawn up in a simple written form, which means that there is no obligation to certify them with a notary. This can be done if the participants in the transaction fear that errors may be made during self-compilation.

The law does not prohibit the involvement of specialists in the case, if the parties so desire. However, going to a notary public will make the transaction process more expensive.

Structure and content

The contract usually consists of several clauses and has a special structure. At the very beginning, its name is indicated, below the place and date of its conclusion. The body of the document then contains the following sections:

Item. This should contain data about the service itself, describe all the important points of its execution.
Validity. This section contains information on the date of entry into force of the agreement and its termination.
The term of the service. It is necessary to establish the period in which the contractor must perform the service that is provided for by the agreement.
Rights and obligations of the parties. The clause should contain all the important obligations of the contractor and the customer in relation to each other. The parties may modify the standard form of the contract and include in this paragraph all the parameters that they consider necessary.
The procedure for terminating the agreement. The paragraph contains the conditions under which the parties can terminate the contract and the consequences of such actions. There may be an exhaustive list of all circumstances, the occurrence of which entails the termination of the agreement.

The conclusion must contain signatures, details of the parties. In addition, the participants in the transaction have the right to independently supplement the text with clauses on the resolution of disputes and other nuances of the transaction that may arise in the course of cooperation.

Agreement conditions

Any agreement is based on the conditions that the parties put forward regarding the quality of the service performed and payment for it.

The participants in the transaction have the right to independently determine the conditions that should be stipulated in the contract.

However, there are some of them that should be taken into account and written out in the text of the agreement without fail.

These include:

Put forward for the service being performed, including quality requirements, etc.
Conditions for acceptance of completed work and refusal of it. However, in the event of a refusal due to reasons beyond the control of the contractor, the customer must reimburse all current costs incurred by the contractor.
Rules and terms of payment, method of transferring money, etc.
Actions of the parties in disputable situations, the procedure for resolving disagreements, etc.

The rule on the personal performance of services is established by law in an article of the Civil Code of the Russian Federation. That is why if no additional conditions on this matter are provided in the contract, the personal provision of the service by the contractor is assumed.

In addition to the subject of the transaction and payment for the work performed, other conditions are considered additional and are negotiated by the parties at their own discretion.

Essential terms of the contract for the provision of services

The law provides for the conditions, without the exact inclusion of which in the text of the contract, it cannot be considered valid.

This means that the absence of certain data in the text of the agreement automatically entails its invalidity.

Such in the case of a contract for the provision of services is the subject of the contract.

It should be clearly described in the text, i.e. it should be clear what kind of service is provided. Payment should also be specified in the text of the document, since the customer undertakes to pay it.

The exact list of essential terms of the contract for the provision of services for compensation is not specified in the law. However, within the meaning of Article 779 of the Civil Code of the Russian Federation, it follows that it is the condition on the subject and payment that are essential.

Common Mistakes

In the preparation and interpretation of the contract for the provision of services, errors sometimes occur. The most common and dangerous of them is the absence of an essential condition. In the event of a controversial or ambiguous situation, the interested party can take advantage of this fact and challenge the contract in court. This may lead to its invalidation, and all the corresponding consequences.

In addition, this agreement is often confused in meaning and essence with a work contract.

The first implies the commission of some action in favor of the customer, while the second, despite the initial similarity, implies a different result.

Under the contract agreement, the performer also performs actions, but the results will be a specific subject (object), separable from the activity itself.

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

You will learn:

What is a service contract.
What are the types of service contracts?
Which essential conditions must contain a contract for the provision of services.
How to draw up a contract for the provision of services.

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

A standard contract for the provision of services is regulated by the Civil Code of the Russian Federation. But there are a number of laws that streamline the relationship of the parties in the process of providing work. In the event that issues arise that are not provided for by the Civil Code of the Russian Federation, they are legalized in a specific service agreement.

In many ways, this document may seem similar to a work contract. But there is a significant difference between them. When implementing the latter, the result is provided in the form of a material component, for example, under this contract, the contractor (executor of the terms of the contract) can build a house. A service agreement does not provide for a material result, for example, under an agreement to search for housing, a realtor selects for the client all kinds of options for conditions and places of residence. In addition, under a work contract, the contractor may delegate the performance of work on his own behalf to a third party (subcontractor). The terms of the contract for the provision of services do not provide for delegation of authority. The party that has assumed the obligation to provide the service must perform this independently.

The contract for the provision of services provides that two parties are involved in this process:

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

Legal entities and individuals can act as any of the subjects of the contract for the provision of services. If we consider a situation in which the contractor is an organization, and the customer is an individual using the service provided for non-commercial purposes, then such relations are called the provision of personal services. These relations fall under the jurisdiction of the law "On Protection of Consumer Rights" and all kinds of norms and regulations for the provision of personal services to the population.

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

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

4 mistakes that almost everyone makes in a service agreement

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

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

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

In the event that there are no contradictions to the subject matter of the agreement, general provisions, which are described in article 783 of the Civil Code of the Russian Federation. It should not be forgotten that these documents have a tangible difference between them, since in one case a service is provided, and in the other a certain work is performed. In the Civil Code of the Russian Federation, the concepts of “service” and “work” are somewhat vague, so it can be difficult to distinguish between them.

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

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

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Types of contract for the provision of services

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

educational activities for a fee;
communication services;
safety and security;
public utilities;
medical service;
auditor services.

However, each of these services can be subdivided into other, more detailed ones. So, public services can consist of a service for the removal and disposal of household waste, security activities can be divided into physical protection of persons, information protection, electronic security, etc.

All these service contracts can be classified as paid (services for a fee) and gratuitous (no remuneration).

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

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

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

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

Some service contracts do not have a clear legal distinction. Here there is an opportunity for the parties to independently establish the rights and obligations that the customer and the contractor perform in relation to each other.

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

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

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

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

How to draw up a contract for the provision of services

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

The party ordering the service, represented by an individual or legal entity, is referred to as the "Customer" and the other party that undertakes to perform work to provide the service, represented by an individual or legal entity, is referred to as the "Contractor". The parties enter into an agreement on the following:

Subject of the contract.

The customer instructs the contractor to provide the service and undertakes to pay for the work, and the contractor confirms his readiness to provide this service and complete the work within the time specified by the agreement.

The rights and obligations of the performer.

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

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

Rights and obligations of the customer.

Under the service agreement, the customer is obliged to:

stipulate the conditions for a possible refusal of the service;
determine the timing and completion of work;
to form a list of documents that will testify to the completion of the provision of services and the acceptance of the work performed.

The order of acceptance of services.

After completion of work on the provision of services, the contractor provides the customer with an acceptance certificate for the work performed. The customer within a specified period of time is obliged to sign an act or submit a complaint to the contractor for the completion of contractual obligations. The Contractor must, within the specified time intervals, eliminate the deficiencies and provide the customer with a revised version. The service is considered rendered in full after the mutual signing by the parties of the act of acceptance of the work performed.

The cost of the contract and the procedure for settlements.

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

The customer undertakes to:

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

Responsibility of the parties.

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

Force Majeure.

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

Change and termination of the contract.

The conditions that force the parties to amend the contract, as well as the mechanism for its early termination are indicated.

Dispute resolution.

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

Final provisions.

The parties indicate the validity period of the contract for the provision of services, the time to eliminate possible shortcomings and the procedure for signing the act of acceptance of work performed.

Details of the parties.

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

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

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

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

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

The contract for the provision of cleaning services must contain the scope of work and the timing of their implementation. In the practice of providing this type of service, it often happens that the customer provides the contractor with access to a residential or office space in his absence. Therefore, the agreement stipulates the conditions for the integrity and safety of the customer's property.
The contract for the provision of legal services implies that the contractor conducts all the cases assigned under the agreement on behalf of the customer. At the same time, it should be remembered that in this case the executor under the contract is a lawyer, who (most likely) is the drafter of the document. In this case, it is not at all surprising that the rights of the contractor under the contract will be taken into account as much as possible. Therefore, the customer, signing such a document, must carefully consider the points that relate to the observance of his rights. It should be remembered that when instructing the contractor to conduct business on his own behalf, the customer entrusts him with his own property, as well as his material, intellectual values or money.
The contract for the provision of educational services may be bilateral or tripartite. It is concluded between the customer, the contractor and the person who is being trained to provide paid services. Therefore, it should define the periods, terms of training and the amounts of money that the customer pays for them. As a rule, the cost of one period of time may not be fixed and depend on the terms of the contract. Tuition expenses are the basis for tax deductions, so the document is concluded with the party that intends to receive a tax refund. The contract for educational services must have appendices that indicate the training plan or a list of subjects studied during the validity of this agreement.
A contract for the provision of hotel services can often involve the involvement of third parties. Initially, being a typical document of a personal nature, it stipulates the involvement of other employees. At the same time, it should reflect the conditions of accommodation in the hotel, the services provided to the guest at no additional charge and the service that is provided for a fee. All this is determined in advance and entered into the agreement document. An important element of the contract for the provision of hotel services is information about the date and time of arrival at the hotel and departure from it. The document is signed after all the above points are agreed upon and agreed upon.
The contract for the provision of consulting services is the most difficult in terms of its regulation, because it is of an exclusively intellectual nature. The final product that is obtained in the process of implementing this agreement is: expert opinions, advice, methods of action and decision-making, analyzes, conclusions, etc.

Expert opinion

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

Alexander Bychkov,

Head of Legal Department, TGC Salyut

In the practice of entrepreneurship, freelancers are often involved in the work. They carry out specific projects on the basis of civil law contracts, adhering to the technical specifications attached to them. So they create design, layouts of advertising messages, product packaging, design websites or stands for exhibitions.

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

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How to make a claim under a service agreement

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

As a result of such actions, a conflict situation arises between the parties. The party that considers itself injured, in this case, may file a claim under a service agreement. This is a document that is used to resolve a conflict without litigation.

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

Based on the provisions of Article 779 of the Civil Code of the Russian Federation, a transaction is considered completed when the party that has assumed the obligations of the contractor performs all work under the terms of the contract for the provision of services in a timely manner, and the party that acts as a customer makes timely payments.

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

disruption of the terms of the agreement;
refusal of the contractor to compensate for losses caused to the customer in the process of poor-quality provision of services;
disagreement of payment by the customer for the work of the contractor under the terms of the contract or delaying payment terms.

The legislative system considers poor-quality fulfillment of the terms of the contract and the obligations assumed as a failure of the current agreement. This fact is dominant in order for the injured party to be able to make a claim at fault. The customer is most often not satisfied with the quality of work and the timing of its implementation. The contractor, as a rule, makes claims for payment by the customer for the services performed.

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

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

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

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

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

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

Article 450 of the Civil Code of the Russian Federation provides a list of grounds that allow you to start the procedure for terminating a service agreement.

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

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

Option 1. By agreement of the parties.

When the contractor and the customer are satisfied with the conditions for terminating the contract for the provision of services. This option has a number of advantages.

Firstly, it saves the parties from the need to apply to the judicial authorities and from unnecessary legal costs, respectively. Having terminated the contract for the provision of services by agreement, the parties can no longer present claims to each other in court.

Secondly, the reason for the mutual consent of the parties to terminate the contract for the provision of services does not matter.

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

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

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

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

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

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

Motivated unilateral refusal.

The legislation provides for the customer's refusal from the contract for the provision of services unilaterally and provides the opportunity to require the contractor to reimburse the costs incurred. This procedure is regulated by Article 783 of the Civil Code of the Russian Federation. It takes effect:

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

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

Unmotivated unilateral refusal.

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

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

Option 3. Termination of the contract at the initiative of one of the parties in a judicial proceeding.

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

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

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

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

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

at the conclusion of the contract, the contractor and the customer were sure that during its implementation conflict situations were impossible;
the customer could not overcome the circumstances, despite his punctuality in obligations and attitude to the concluded contract;
when the customer may suffer significant damage, in many respects exceeding the expected dividends from the results of the current contract;
the contract does not say that the customer bears the risk of a change in circumstances.

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

The court determines the material and property consequences after the termination of the contract for the provision of services. This happens at the request of one of the parties. The court evenly distributes between the parties the costs incurred during the execution of the current contract. This is provided for by Article 451 of the Civil Code of the Russian Federation.

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

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

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

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

Typical mistakes when concluding a contract for the provision of services

Mistake 1. They confused the contract with paid services.

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

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

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

Consider an example of a reverse situation where an agreement between the parties has been defined as a service contract. Here the sanctions established by the Civil Code of the Russian Federation were applied. In such an agreement, it was not necessary to fix the terms for the provision of services. Both sides ignored this point. However, when a conflict situation arose and the case was referred to the court, the judges reclassified this agreement into a work contract, according to which the indication of the deadlines for the completion of work became mandatory. Therefore, the contractor was ordered to pay the customer a penalty with interest and the appeal was denied.

Error 2. The subject matter of the service agreement was not specified.

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

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

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

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

Consequences. In the event that the contractor cannot provide the court with the certificates of work performed signed by the customer, he may also consider other documents that were drawn up during the execution of the service agreement, up to the correspondence of the parties or the testimony of witnesses. But keep in mind that not every judge will consider such documents as evidence.

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

Mistake 4. The service agreement did not specify the requirements.

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

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

Such misunderstandings arise when specific conditions are described in general terms using phrases that allow one to interpret the terms of the contract not according to the essence of its meaning, but to one's own benefit.

The undersigned confirm by this act that the services provided for by the contract for the provision of services for a fee No. ___ dated "__" ____ 20__ were provided by the contractor to the customer in full, in a timely manner, efficiently and properly. The customer has no claims to the contractor regarding the execution of the contract for the provision of services.

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

It can be stated in the contract that after the provision of services, the contractor will transfer a certain material result to the customer.

It will serve as proof that the contractor has provided the customer with the service on time and in full. If the customer evades acceptance of the result of work under the service agreement, this does not relieve him of the obligation to pay for it.

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

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

Documents that confirm the performance of the contract for the provision of services.

If the customer has not unilaterally signed the certificate of completion under the service agreement and such a document is not provided for by the agreement itself, it is possible to prove the fact of the service using other documents. They can be waybills, waybills, acts of taking instrument readings, magazines and books of registration of accounting documents, correspondence of the parties, etc.

Expert opinion

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

Vitaly Perelygin,

expert, legal reference system "Sistema Lawyer"

It has not been determined on whose behalf and on whose behalf the intermediary is acting.

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

It was not specified whether the intermediary has the right to perform the task.

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

The goods intended for sale were not specifically named.

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

We determined unprofitable conditions for ourselves related to the payment of remuneration to an intermediary.

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

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

They did not determine and did not agree with the intermediary the conditions and the number of transactions that the intermediary should carry out with the buyer.

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

Information about experts

Alexander Bychkov, head of the legal department of TGC Salyut. The Salyut Hotel is a hotel complex designed to receive groups, individual tourists and guests arriving in the capital. The hotel has 1,091 rooms and is the second largest hotel in Moscow in terms of the number of rooms.

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

Sergey Aristov, expert of the legal reference system "Sistema Lawyer" (Action-digital company), Moscow. Sergey Aristov graduated from the Faculty of Law of the Nizhny Novgorod state university them. N.I. Lobachevsky and Nizhny Novgorod State University of Architecture and Civil Engineering (specialization - "Organization Management"). Worked as a legal adviser, head of the legal department. Member of the Union of Journalists of Russia since 2008. Action-Digital LLC. Field of activity: development and support of electronic products for a professional audience, including the JSS "Sistema Lawyer" (legal reference system of practical explanations from judges); The company is part of the Aktion-media holding. Number of staff: 281. Number of clients: over 33 thousand.

Vitaly Perelygin, expert, legal reference system "System Lawyer". Vitaly Perelygin graduated from the law faculty of Moscow State University. M. V. Lomonosov. Worked as a lawyer in a large logistics company. He specializes in contract and corporate law, as well as in the field of legal protection of intellectual property. JSS "Sistema Lawyer" - the first legal reference system of practical explanations from judges. Official site - www.1jur.ru.

We have considered barter transactions where the subject of the contract is a commodity. However, if the specifics of the organization's activities are far from trade, and the organization produces services of various kinds, then the cooperation of such organizations with each other leads to the exchange of these services. Even entire industries, such as information business, advertising, consulting of various kinds, use mutual services as a means of payment. However, there is no clear definition of mutual services in the legislation. Therefore, when exchanging services, the parties must enter into a mixed contract that includes both provisions relating to services and provisions relating to the exchange agreement. Accordingly, there are problems in terms of the relationship of counterparties. The article discusses such issues as the concept of mutual services, the issue of interaction between counterparties, issues of judicial practice and features that need to be paid attention to when concluding a contract.

The concept of mutual services

At the servant belong to one of the types of objects civil rights(Article 128 of the Civil Code of the Russian Federation) and are carried out on the basis of civil law. If we talk about mutual services, then it is necessary to apply the provisions on the contract for the provision of services for compensation. According to Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

However, under the contract mutual rendering services as payment is a service (goods, work). At the same time, the provisions of Chapters 31 “Change” and 30 “Sale and Purchase” of the Civil Code of the Russian Federation cannot be applied to transactions for the exchange of services, as well as to transactions in which at least one party exchanges services, since they apply only to things . According to Art. 567 of the Civil Code of the Russian Federation, under an exchange agreement, each party undertakes to transfer goods to the other party in exchange for another.

However, in the exchange of services, it can be said that the services to be exchanged are assumed to be of equal value, and the costs of accepting the services are borne in each case by the party that has the corresponding obligations. These provisions are similar to the provisions of art. 568, which regulates prices and costs arising from an exchange agreement.

For a voluntary exchange of services to take place, five conditions must be met:

There must be at least two sides.
Each party must have some kind of service (goods, work) that could be of value to the other party.
Each party must be able to communicate.
Each party must be completely free to accept or reject the proposal of the other party.
Each party must be confident in the expediency or desirability of dealing with the other party.

In practice, the following types of exchange occur:

For example, a construction exhibition is taking place and a construction magazine wants to take part in it, but agrees with the organizers to place an advertisement instead of paying with money.

Or the organizations have entered into an agreement under which Advokat OJSC provides consulting services to Shield LLC in exchange for the provision of security services. This exchange considered to be of equal value.

For example, individual entrepreneur provides catering services to a large company for the fact that it provides him with premises, inventory, etc.

Many more examples of exchange of services could be cited.

However, a distinction must be made between services and goods. The difference between a service and a product and work is that it is an action or activity carried out on order that does not have a material result (for example, the activity of a commission agent, a carrier, etc.). At the same time, some services may still have a material result (catering services, written consultations, certain types of medical and advertising services, etc.).

In addition, it is necessary to pay attention to the fact that the service under the contract may be a financial service, expressed in monetary terms. In accordance with the law on protection of competition, “financial service - banking service, insurance service, market service valuable papers, a service under a leasing agreement, as well as a service provided by a financial institution and related to the attraction and (or) placement Money legal entities and individuals".

However, as we found out, the legislation provides only for the exchange of goods. Therefore, when exchanging services, the parties must conclude a mixed contract, which includes both the provisions relating to services and the provisions relating to the exchange agreement. According to Article 421 of the Civil Code of the Russian Federation, the parties to the transaction have the right to independently choose the contract by which they want to determine their legal relationship.

Features of the contract

First of all, in the contract it is necessary to determine the conceptual apparatus. In the civil legislation there is no concept of "mutual services" as such. At the same time, paragraph 1 of the Decree of the President of the Russian Federation of August 18, 1996 No. 1209 “On State Regulation of Foreign Trade Barter Transactions” determines that a foreign trade barter transaction provides for the exchange of goods, works, services, and results of intellectual activity of equivalent value. In foreign economic activity the concept of "barter transaction" is provided. In Art. 154 of the Tax Code of the Russian Federation, the legislator uses the concept of "realization of services for barter (barter) transactions". Thus, depending on where the transaction takes place, what conditions the parties want to include in the contract, they determine whether the contract between the parties is a contract for the mutual provision of services or a barter transaction.

The terms of the contract for the mutual provision of services on the subject must be clearly and precisely agreed upon by the parties in the text of the contract.

By virtue of Art. 421 of the Civil Code of the Russian Federation, the parties may determine the terms of the contract at their discretion. At the same time, an important condition is to determine the result of the services provided (written consultations and clarifications on legal issues; draft contracts, statements, complaints and other documents of a legal nature, etc.). An important reporting document of the mutual services agreement is the act of services performed, according to which the parties confirm that the services were performed in full and on time. This document is not provided for by law, but will avoid litigation and tax disputes. This document may reflect the quality of services. The quality of the services performed by the contractor must comply with the terms of the contract for the provision of services, and in the absence or incompleteness of the terms of the contract, with the requirements usually imposed on services of the corresponding kind. In addition, the organization providing the service reflects its implementation at the time of signing the act of acceptance and transfer of work performed or services rendered.

In some cases, the cost of exchanging services is different, which will require the use of additional payments in cash. In this case, the contract must determine the amount, the procedure for additional payment, as well as the procedure for establishing the cost of the service itself.

It is important to foresee the timing of the provision of services. If the service is of a long-term nature, then it is advisable to approve the schedule for the provision of services, sign acts after the end of the reporting period, or establish a different procedure for monitoring the provision of services.

Reporting documents may include acts and invoices for the shipment and posting of goods, if the result of the provision of services is material assets, invoices, work orders, conclusions. These documents not only confirm the validity of attributing the cost of the exchanged services, but also make it possible to prove the very fact of the exchange of services or its absence in court.

The parties must understand that if they use transactions for an unequal exchange of services, such transactions can be challenged in court by both the counterparty and the tax authorities, since in accordance with Art. 40 of the Tax Code of the Russian Federation, the tax authorities check the correctness of the application of prices for barter (barter) transactions. Thus, I would like to warn against the desire to conclude a deal for the exchange of unequal services.

It is advisable to provide for the procedure for satisfying claims, penalties in the contract. This point is important, since the result of the services provided is not a tangible product, but a service that often does not have a material embodiment. It is better to determine penalties in terms of money, based on the cost of the service itself.

IN individual cases performance of the contract for the provision of services is impossible without a license, since for certain types services provided for mandatory licensing activities. The list of activities for which compulsory licensing is provided is established by Art. 17 federal law dated 08.08.2001 No. 128FZ “On Licensing Certain Types of Activities” (hereinafter - Law No. 128FZ). In addition, when providing certain types of services, such as valuation activities, design, the performing party must be a member of a self-regulatory organization, which must also be provided for in the contract.

Involvement of third parties is possible if this condition is included in the contract.

In the event that an organization exchanges mutual services with a foreign company, the following conditions must be provided. The contract must be drawn up in the form of a single document, it must define the list of services, results of intellectual activity, their cost, terms of work, the moment of provision of services and rights to the results of intellectual activity; a list of documents submitted to a Russian person to confirm the fact of performance of work, provision of services and rights to the results of intellectual activity; the procedure for satisfying claims in case of non-fulfillment or improper fulfillment by the parties of the terms of the contract. At the same time, one should not forget that when making barter transactions, it is necessary to issue a transaction passport. Passport - a document of control and accounting of barter transactions made by Russian persons in accordance with the concluded foreign economic agreements. In addition, when concluding foreign economic contracts, it becomes necessary to determine the equivalent price, since some services can be valued in rubles, while others can be valued in foreign currency. However, regardless of the date of the provision of services, the parties may provide in the contract for the equivalent of the cost of the services provided in rubles or at the rate of the dollar, euro, in force on the date of signing the act of rendering services.

Litigation

A contract for the provision of services for compensation may be considered concluded if it lists certain actions that the performer is obliged to perform, or indicates certain activities that he is obliged to carry out. This is indicated by the Presidium of the Supreme Arbitration Court in the information letter dated September 29, 1999 No. 48 “On some issues of judicial practice arising in the consideration of disputes related to contracts for the provision of legal services”. Thus, based on the recommendations of the SAC, it is necessary to determine the type of activity and the procedure for actions under the mutual services agreement.

In practice, litigation most often arises in terms of payment of obligations assumed by the parties. At the same time, the termination of the contract does not release either of the parties from the obligation to pay for the actually performed services. In the case of mutual services, this means that the other party must perform his part of the services. There is also case law on this issue.

Arbitrage practice

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In the decision of the Federal Arbitration Court of the Volga District dated September 17, 2009 No. A1219210 / 2008, the court concluded that the contract was not terminated by the parties, was not declared invalid in the manner prescribed by law, obligations under it must be properly performed. Based on these circumstances, it seems correct to conclude that the defendant fulfilled the obligation to offset under the disputed contracts in the manner of barter.

Thus, when terminating the contract, the parties must reconcile mutual settlements, make mutual offsets under the contract in the manner of barter and sign an act stating that they have no mutual claims against each other. This measure will avoid litigation in terms of mutual settlements between the parties.

Services should not be imposed as ancillary services if they are the same as services that a party should have provided free of charge to a consumer, as the consumer (or other party) is then misled as to the service being provided to him (Federal Court of Arbitration ruling Central District No. А233675/07А14260 dated March 21, 2008).

Litigation is also associated with the desire of the parties to reclassify any mutual agreements into a contract for the mutual provision of services. However, the courts do not agree with this position of the parties, believing that the parties must first terminate the previously signed agreement and only then sign a new agreement on the mutual provision of services.

Arbitrage practice

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In the decision of the Third Arbitration Court of Appeal dated December 14, 2007 No. A741698/200703AP1455/2007, the Arbitration Court of Appeal indicated that the protocol is not an agreement for the mutual provision of services or an additional agreement between the parties to change the terms of the agreement on the form of settlements. The subject of this protocol is the offset of the mutual debt of the parties, and not the change and termination of the contract.

In general, the exchange of services is convenient for those companies that do not have large working capital but are able to offer other alternative solutions. At the same time, it is necessary to take care of the correct execution of the contract for the mutual provision of services, as well as the documents confirming the fact of the provision of these services. Also note that you should not try to reclassify any contract into a contract for the provision of services in the event of financial problems.

Editor's note: our publishing house has long and successfully used a mutual service agreement in its activities. We are pleased to present to readers a sample of such an agreement (see Example).

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Footnotes

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

What is a service?

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

Audit;

informational;

medical;

Consulting;

Veterinary;

Tourist;

Training services, etc.

What is not included in services?

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

Work agreement;

For technical work;

commissions;

For the implementation of development work;

Transportation;

Bank account;

transport expedition;

storage;

bank deposit;

Trust management of property.

Subject of the contract

As already mentioned, the subject of such contracts is exclusively an intangible service. 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 indicated otherwise in the contract). Such an agreement must be made in writing. Each of the participants should also have a copy of such an agreement in their hands. Customers can be legal entities, individual entrepreneurs and capable individuals. The same circle of persons may be involved as a performer.

We draw up a contract

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; and it is not enough to write marketing research”, it is necessary to specify by points what kind of activity it will be;

Specify all due powers and obligations of the parties;

Set clear deadlines within which activities must be completed;

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

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

Do not forget to also determine the responsibility of the participants in the transaction; it is also desirable to prescribe in the agreement the amount of compensation in case of unilateral refusal of it.

Features of the contract

In some cases, it is possible to conclude a contract 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. At the same time, it must be valid, and for those types of medical care for which, in fact, you applied. If the 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 in court may be declared invalid. That is, such an agreement will not have any legal weight. The following rule can also be attributed to the features of the service agreement: in some cases, the general provisions on the contract and household contract apply to the service contract.

Termination of the contract

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

Agency contract

An agency contract 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 the 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.

Mandatory conditions

To conclude an agency agreement in accordance with all the rules, it is necessary to 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 authority of the agent;

Terms of termination of the agreement;

Responsibility of the parties.

Certain types of contract

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

Important highlights

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

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