Subtlety of the Service Treaty. How to make a compensated service agreement

Treaty
compensated service provision

________________ "___" _______ 20__

_______________________________________________________________,
(Name of the executor)

Hereinafter referred to as "performer", represented by ________________________________________________
(Position, Full name)

Acting on the basis _______________________________________,
(Charter, Provisions)

On the one hand, and __________________________________________,
(enterprise-customer name)

Hereinafter referred to as "Customer", represented by ________________________
(Position, Full name)

Acting on the basis _____________________________________,
(Charter, Provisions)

On the other hand, concluded this Agreement on the following.

1. According to this Agreement, the Contractor undertakes to task the Customer (Appendix NO. 1) provide the following services: ______________
(Specify

____________________________________________________________________,
Actions or activities that adequate performed)

And the customer undertakes to pay these services.
2. The Contractor undertakes to provide services personally.
3. The cost of services provided is: _________________.

4. Services are paid on the following time and in the following order: _______________________________________________.
5. In case of impossibility of execution that arose due
Customer, services are subject to payment in full.
6. In the case when the impossibility of execution arose by
Circumstances for which none of the parties responds, the customer reimburses the performer actually incurred costs.
7. The Customer has the right to refuse to fulfill this Agreement, subject to payment by the Contractor actually incurred costs.
8. The Contractor has the right to refuse to fulfill this Agreement, subject to a full refund to the customer of losses.
9. To this Agreement apply general provisions About the contract of article 702-729) and the provisions on domestic contract (Articles 730-739), if this does not contradict to articles 779-782 of the Civil Code, governing the issues of compensated provision of services.
10. Term of this Agreement:
Start: ___________________________________________________;
ending: _________________________________________________.
11. The contract is made in 2 copies, one for each of the parties.
12. Addresses and bank details of the parties:

Customer: __________________________________________________

Artist: ___________________________________________________
_____________________________________________________________________

Customer executive

____________________ _____________________
MP MP

One of the nuances of this contract is that the services should be provided by the Contractor personally, because It is in this that the customer is interested. But the subword is not excluded - the transfer of the fulfillment of all the work or its part to a third party. At the same time, according to the Civil Code of the Russian Federation, the contractor itself is responsible for the quality of services rendered. And one more thing - the signing of the contract for the provision of services involves the signing by the Parties to the Act of the Act of the Services rendered. That is, the parties should documented the fact that the services are properly provided.

The service agreement is the most common, because it is possible to encounter it not only when doing business, but also in everyday life. Under this Agreement, the Contractor must provide services, and the customer guarantees them to pay. The contracts for the provision of services apply the rules on the contract with some exceptions to which we will also tell.

In the previous article, we told how to distinguish a contract of contracts from the contract for the provision of services. It is very important to correctly determine which one should be concluded in one situation or another, because the contract contract contains more "hard" conditions. For example, the impossibility of a contractor in unilaterally Without a legitimate reason to abandon the execution of the contract. Thus, "confusing" the two of these contracts can be encountered with unexpected consequences.

The essential condition for the contract for the provision of services is only one thing:
thing - The activity that the Contractor must implement on the task of the Customer. When determining the subject, do not limit the standard wording and common phrases, and describe in detail what exactly is included in one or another service. Otherwise, the subject of the contract will not be considered consistent, which can lead to a variety of disputes.

The "blurred" definition of the subject of the contract threatens its parties an inspected consequences:

• the customer may make claims for quality or composition of work, guided by the requirements that were not stipulated in the contract;
• the performer may freely interpret the subject of the contract and not to provide those services that the customer wants to receive;
• tax authorities are paying close attention this kind contract, stopping the registration of fictitious expenses. To avoid issues from the tax authorities in the contract, it is necessary to clearly and clearly determine which services are and how economically justified.

For some activities, the law makes additional requirements - the availability of insurance, licenses, qualifications, membership in a self-regulating organization. Neglect of them can entail serious consequences. For example, carrying out activities without a license threatens a number of trouble - from a fine to liquidation of a legal entity, and in some cases, to criminal liability.

The coordination of other conditions remains at the discretion of the parties, but we recommend defining them in the contract:

• the price, if it is not specified, the cost of services is determined on the basis of their market value. In cases where the contract involves performing several actions, it is recommended to determine the cost of each of them. This will help in determining the price of the services already rendered if the contract will be terminated unilaterally. In addition to the remuneration of the artist, the procedure for payment of additional expenses should be established;
• deadline;
• the place of execution of the contract in the event that it matters;
• terms and procedures for the implementation of payments.

Public service provision

In the case when the contractor's proposal to provide services to an unlimited circle of persons is a public contract. For example, paid medical, educational, travel services, transmission services electrical Energy, communication services, etc.

The public contract has its own distinctive features:

• most often, the customer is a citizen and services are related to his personal domestic needs;
• a typical contract with fixed prices and tariffs is used and equal to consumers;
• the Contractor will provide relevant services to each who will turn to it and pay the established price;
• the artist cannot refuse to provide relevant services. For example, an organization providing communication services cannot refuse to provide them to a person who is ready to pay the price defined in accordance with the tariffs.

Important: The contract in which the customer is an individual, the norms of the law on the protection of consumer rights are applied. Contributed situations The entrepreneur in the event of a dispute may face unpleasant consequences. For example, losing a trial, he, in addition to the amount received by him under the Agreement, is obliged to pay a fine of 50% of it, and in some cases and compensate moral damage.

Reception of services rendered

To fix the fact of the provision of services, the parties are the act. It is not obligatory, but with his absence, the unscrupulous customer can say that no services had no services, and refuse to pay. Faced with the provision of non-proper quality service Customer may request from the artist:

• free to eliminate the shortcomings within a reasonable time;
• reduce the set price;
• remove the costs of elimination of deficiencies (if the customer's right to eliminate them is provided for in the contract of compensated service provision).

One-sided refusal to execute the contract

Each of the parties to the contract has the right to refuse its execution, while the cause of failure does not matter. But both for the performer and for the customer there are limitations:

• one-sided refusal of the performer will not allow, if the contract is public;
• the customer is not entitled to refuse to execute the contract when services are already rendered.

The procedure for refusing to fulfill the contract is common for the customer and for the artist:

1. Notify the counterpart in writing. The notification must contain the details of the contract, as well as the pronounced intention to stop its execution. At the same time the most reliable option will send a telegram or customized letter with description and notification. The moment of termination of the contract will be considered the date of their receipt of the counterparty.
2. Payment of expenses or loss: the customer pays the Contractor actually incurred costs, the size of which the latter must prove; And the Contractor pays for the customer the losses arising from the termination of the contract.

   Additional conditions and amounts of payments with one-sided refusal of execution can be established in the contract itself. For example, it is possible to provide the obligation of the Customer to pay the Contractor not only expenses, but also losses. The performer may assume obligations to pay the customer of the N-th money. The contract should not be limited to the right of refusal from its execution, as well as to establish the obligation to pay a fine or penalties.

p. 1 Art. 779 GK Contractor undertakes on the customer's task to provide services (make certain actions or implement a certain activity), and the customer undertakes to pay these services. The contract for the provision of services is a consensus, compensable and bilateral.

Parties to this Treaty Speakers the service manager - the Contractor, and the Service Provider - the Customer.

essential condition Agreement is an item. They are either the executive committee of certain actions (sending and delivery of correspondence, providing telephone and other channels when providing communication services, performing operations and various medical and preventive procedures in the provision of medical services, etc.), or the implementation of certain activities (for example, Audit checks, Consultations on a certain circle of issues, providing certain information, providing training services, etc.). As an object of this type of contracts, the beneficial effect obtained with the customer.

Quality requirements according to Art. 721 GK Quality Services provided by the Contractor, i.e. The result achieved by them must comply with the terms of the contract, and in the absence or incompleteness of its conditions - the requirements usually imposed on the services of this kind.

The contract must contain the price of the services subject to providing or how to determine it. can be determined by drawing up the estimate

The contract for the provision of services can be terminated at the request of any of its parties. At the same time, the customer has the right to refuse to execute this agreement, subject to payment by the Contractor actually incurred by him.

In paragraph 2 of Art. The 779 Civil Code is given an exemplary list of services that may be provided according to such agreements, including communication services, medical, veterinary, audit, consulting, information services, training services, tourist services and other.

35 Classification of stock transactions

Cash register ("spot" or "cache") transactions represent the simplest view of stock exchange transactions. Their occurrence is closely related to the emergence of commodity exchanges themselves with a characteristic feature of cash transactions is the immediate execution. The concept of "immediate execution" for stock transactions is conditional. This is due to the fact that the execution of the exchange contract is carried out outside the stock exchange and at the time of the conclusion of the contract the goods that represents the subject of the transaction.

Urgent transactions or "forward" The characteristic feature of these treaties is that, unlike the cash transactions, the term of execution is provided for in the future. Forward transactions are characterized by the following signs: 1-they are aimed at real transmission of rights and obligations regarding the product, which is the subject of the contract. 2-transfer of goods, as well as the transfer of ownership of it in the future, within the period provided for in the transaction.

Transactions with "Pledge" This is a transaction in which one side pays the other at the time of concluding a transaction a certain agreement between them, as guarantees to fulfill its obligations. The deposit can provide both the interests of the seller and the interests of the buyer. The amount of collateral is set by the parties of the transaction and can be any value up to 100% of the transaction value.

Futures transactions The subject of the futures transaction is a futures contract - a document defining the rights and obligations to receive or transfer property (including money, currency values \u200b\u200band the Central Bank). Not valuable paper. The futures contract cannot be simply canceled, liquidated. If it is concluded, it can be liquidated either by concluding the opposite deal with an equal number of goods or the delivery of the conditioned goods within the contract provided for by the contract. The main features: - the fictitious nature of the transactions in which the sale of the sale is performed, but the exchange of goods is almost completely absent. The purpose of the transactions is not a consumer, but the exchange cost of the goods;

The contract for the provision of services is an example of one of the most common agreements whose participants can be both individuals and legal entities. Knowledge simple rulesconcerning his species and compilation will help the parties to avoid bringing to responsibility and significant losses. The material proposed for us is devoted to the main issues related to this type of agreements.

What is the contract for the provision of services under the Civil Code of the Russian Federation (the concept and form of the agreement)?

The definition of the contract for the provision of services of the Civil Code of the Civil Code is contained in paragraph 1 of Art. 779 of the Civil Code. According to this standard, under such a contract it is worth understanding the agreement of the parties, according to which one of them (the performer, or the service producer) undertakes to provide any services specified in it, and the second (customer, or the service leader) is to accept and pay them. Already from the name should be a compensated nature of the contract, its consensity and participation of the two sides.

As for the form of the agreement, it is applied here. general rules design transactions provided for Art. 158-161 GK, unless otherwise provided by law regulating a specific type of transaction. So, most of the domestic services turns out to be without any written design (for example, hairdresser services or manicure masters), more expensive services usually suggest drawing up a contract (in simple writing).

Subject and conditions of the contract

Like any independent view Civil law agreements, the contract for the provision of services has a separate subject. Under it you need to understand the service, which is obliged to have a service manager and pay the service proprifer, that is, the actions that the Contractor must execute for the customer. The condition about the subject is the only category relating to the category. It must be prescribed in the most detailed as possible, that is, fully identify the actions that the manager must execute.

Despite the proximity of the contracts for the provision of services and the contract, the subject of the contract for the provision of services is characterized by the result. In the first case, the result of the actions of the performer are intangible services (medical, educational, service, etc.), in the second - material, i.e., an object, an object (made to order a thing, repair and t.).

It is also important, although it usually does not apply to the category of significant, the condition of the price of the contract of compensated service. For the convenience of the parties and the lack of subsequent problems it is desirable to indicate, but if this does not happen, the price, in accordance with the norms of paragraph 3 of Art. 424 GK, will be determined based on the market value of similar services that have formed in the Region Execution of the Treaty.

It is also useful to indicate the condition for the provision of service. If unspected it applies the norms of Art. 314 of the Civil Code of the Russian Federation, according to which the service must be provided within 7 days from the date of the establishment of the relevant requirement by the Customer.

The parties can agree on other conditions based on the freedom of the contract, but it is important to remember that they should not contradict the current legislation.

Types and examples of the contract for the provision of services

This contract is almost the most diverse in terms of the number of species, so it is possible to classify it at different bases. For example, can be divided into household or business agreements concluded between legal entities or between individual and legal. but the greatest value It has a division, the following from Art. 779 of the Civil Code. It lists the most common points of the compensated provision of the services of the region:

• links;
• medicine and veterinary medicine;
• audit;
• information and consultations;
• education;
• tourism.

There may be other types of service agreements, but they do not include contracts:

• for all types of contract;
• conduct research, experiments and technological work;
• transportation and expedition;
• bank deposits, calculations;
• storage;
• commissions;
• order and trust management.

A significant part of the relations arising from the contracts of compensated service provision is governed by individual regulatory acts containing private norms and complementary Civil Code. Next, consider the most common examples of such agreements.

Contract for the provision of medical services

The need for additional regulation of this area as a whole and issues of contractual relations in particular is due to the increased importance of the subject of the agreement. The point is not only that the party providing medical services, in case of poor-quality provision, the risk to harm the health of the Customer, but also that it receives a lot of information that should not be publicized without the consent of the recipient of the service, since is Medical secret.

The contracts of payment for the provision of services in this area should not only meet the requirements of the Civil Code of the Civil Code, but also to comply with the standards of the law "On the Fundamentals of Health ..." of 11/21/2011 No. 323-FZ and the rules for the provision of paid medical services approved by the Government of the Russian Federation in the decision of 04.10.2012 No. 1006 (hereinafter - Rules).

In particular, the rules found that the agreement on the provision of medical services should regulate:

• terms and terms of granting;
• accounting procedures;
• rights, duties and responsibilities of the parties.

Treaty for the provision of educational services

With the need to conclude a contract of compensated service to the educational institution, parents may encounter already at the initial stage of the child's growth - for example, when enrolling it in private kindergarten. In addition, the number of private schools is growing, many universities of the countries reduce the number of places with budget financing. In each of the listed cases, it will have to conclude a contract for the provision educational services.

All contracts for compensated provision of services in the field of education should be written and comply with the requirements of the Law "On Education ..." of December 29, 2012 No. 273-FZ and the rules for the provision of paid educational services, approved by the Government Decree No. 706 on 08/15/2013.

To simplify and unify contractual work educational institutions Order of the Ministry of Education and Science of the Russian Federation of 11/21/2013 No. 1267 approved the form of an agreement on education. It is intended for higher and secondary institutions, but it can be used as a basis in the development of a model document of organizations providing other educational services.

Treaty for the provision of audit services and counseling

Paying contracts for the provision of services of this kind are between the audit company and entrepreneurs. This type of activity is governed by the Law "On Auditing" dated December 30, 2008 No. 307-FZ. The need for such regulation is primarily related to the fact that the auditor gets access to information that can be a commercial or other secret, as well as special requirementsimposed on the auditor as a person carrying out activities to be licensed.

As for the peculiarities of the content of the Tatrian Renovation of the provision of services, then Part 2 of Art. 8 of Law No. 307-FZ determines that an audit agreement should determine the price of services provided, which, in turn, cannot be addressed to the results of such activities. In addition, auditors often simultaneously provide services for accounting, investment or tax consulting, which does not contradict the law and customs business turnover. However, it seems correct in such cases to conclude a separate contract for the provision of services.

Typical contract for the provision of organization services (content, sample)

Most of the services are legal entities on a permanent basis. Such organizations useful to use a typical sample contract for compensated service provisionwhich will be offered to all customers who wish to conclude an agreement.

The standard contract must contain the following sections:

1. Introductory. It indicates:
   • the name of the agreement;
   • number and details of the contract;
   • information about the sides (for individual enough instructions of passport data; on behalf of legal entities Usually the contract concludes a representative - in this case, the passport details, the position and information on the document are indicated, on the basis of which it represents).
2. The subject of the contract for the provision of services and the procedure for calculations. Here it is necessary to describe the actions in the most detail and the service that the Contractor is undertaken, and the cost of the contract.
3. The term of fulfillment of obligations under the contract. Actually indicate not only the extreme stock of the provision of services, but also the margin of its payment.
4. Rights and obligations of the parties. For the most part, they are contained in the Civil Code of the Russian Federation and regulatory actsregulating separate species such agreements, so there is no need to duplicate them.
5. Responsibility of parties under the contract. The parties have the right to set the conditions of the penalty in case of failure to fulfill the obligations (within the limits established by the legislation).
6. The order and conditions of termination of the contract. Despite the fact that the Civil Code provides for a one-sided refusal of execution, the parties have the right to further harmonize the conditions for termination of the Agreement.

It is important to remember that typical contract - Internal document of the company that the client is not obliged to sign in the proposed form, but has the right to propose to make the adjustments necessary for it. Only after signing the agreed version of the provision of paid provision will be considered concluded.

In conclusion, it remains to conclude that the contract for the compensated provision of services is closely bordered by related agreements, but it has its own subject and a set of species. At the same time, the latter also have their own characteristics and are often governed by specialized regulatory acts.