This legal document allows the parties to the contractual process to regulate their relations when making decisions conflict situations which 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?
• What are the essential terms and conditions of a service agreement?
• 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 side undertakes to render specific service in the prescribed amount and at the specified time, and the other undertakes to pay 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 provision household 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 to the customer cash receipt or other proof of payment.

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 legal regulation contracts. 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 it is performed. certain work. 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;
• 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 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.

Service agreement between legal 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:

1. 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.

1. 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;
• terms and conditions documentary evidence executed works.

1. 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.

1. 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.

1. 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).

1. 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 the deadlines for the provision of services, and the customer in case of late payment for services performed under the contract).

1. 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 obstacles force majeure: change in the market situation, natural disasters, riots or wars.

1. 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.

1. 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.

1. 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.

1. 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 kinds services have their own characteristics:

• When rendering transport services it is understood that the contractor will transport 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 the federal law"About Advertising". In the contract for their provision, the contractor undertakes to fulfill all the requirements of this law, obtain the necessary permits from the relevant authorities and monitor the proper implementation of the points of the law during the 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 one important point must be included 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 residential or office space in your absence. Therefore, the agreement stipulates the conditions for the integrity and safety of the customer's property.
• Contract for the provision legal services implies that the contractor conducts all the cases entrusted by 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 those sums 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. Agreement for educational services must have appendices that indicate the training plan or a list of subjects studied during the term of this agreement.
• Contract for the provision hotel services may often involve the involvement of third parties. Initially being standard document personal nature, he 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.
• Contract for the provision advisory services is the most difficult in terms of its regulation, because it is exclusively intellectual in 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,

Chief legal department TGK Salyut

In the practice of entrepreneurship, freelancers are often involved in the work. They perform specific projects on the basis of civil law contracts, adhering to the terms of reference. 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 relationship of the parties to the contract for the provision of services is determined by the Civil Code of the Russian Federation and the party that makes claims regarding the fulfillment of the terms of this contract must have good reasons for this.

Based on the provisions of Article 779 Civil Code RF, the transaction is considered completed when the party that has assumed the obligations of the contractor, in deadlines carries out all work under the terms of the contract for the provision of services, and the party that acts as the customer makes timely payments for them.

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;
• the refusal of the contractor to compensate for the losses caused to the customer in the process poor quality 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. Them the main objective- 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, the court may qualify these actions as terminating 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.

1. 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 adequate 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 met 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.

1. Unmotivated unilateral refusal.

The legislation does not regulate the cancellation of the contract for the provision of services and allows the customer to interrupt contractual relationship both during the term of the treaty 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.

1. 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).

1. 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 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.

1. 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 deciding contentious issues even in court.

Effects. 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.

Effects. 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 drafting of such acts is not 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.

Effects. In the event that the contractor cannot provide the court with the acts 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 litigation decision can arise not only when 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 study 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.

Effects. Many unscrupulous customers very often use such a 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 protection against such loopholes in the document, due to which a conflict situation and refusal to pay can be provoked.

Such misunderstandings arise when specific conditions are described in in general terms using phrases that allow interpreting the terms of the contract not on the merits of its meaning, but for its 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 financial reward for work fair.

1. 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.

1. 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 bills of lading, waybills, acts of taking instrument readings, journals 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"System Lawyer"

1. 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 an 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.

1. 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.

1. 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.

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

In the relationship between commercial companies any intermediary contract 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 variants payment of remuneration - for example, in a fixed amount specified in the contract, as a percentage of the transaction amount or in the form of the difference between the actual cost of the goods sold and the price specified in the contract.

1. 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 Voronezh region. Author of more than 100 published scientific and scientific-methodical works, including about 20 monographs, two textbooks for high school. 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. Specializes in the field of contractual and corporate law, as well as in the field legal protection intellectual property. JSS "Sistema Lawyer" - the first legal reference system of practical explanations from judges. Official site - www.1jur.ru.

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

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

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

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

Contract for the provision of services

In the contract for the provision of services in without fail the price is indicated - the monetary value of the cost of services, as well as the obligation of the customer to pay for the services (Articles 779, 781 of the Civil Code of the Russian Federation). The price in the contract is set in a fixed amount, or it prescribes the procedure for its calculation, if the cost of services (before they are provided) cannot be determined in advance. It also specifies the condition for the inclusion of VAT in the price.

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

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

Paid service agreement: sample

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

Contract for the free provision of services

The possibility of concluding a contract for the provision of services free of charge is a debatable issue. Some experts believe that such an agreement, in principle, cannot be concluded, since, in accordance with the Civil Code of the Russian Federation, the agreement is supposed to be paid (clause 3, article 423, clause 1, article 779 of the Civil Code of the Russian Federation). Although, in court, some organizations managed to prove the legitimacy of concluding a gratuitous contract for services.

At the same time, such an agreement can add trouble for both parties from a tax point of view. After all, when checking services for a customer, controllers will probably charge additional income tax as a recipient of non-operating income (clause 8, article 250 of the Tax Code of the Russian Federation), and VAT to the contractor, because. there is a gratuitous sale (

Certain services demanded by one party and provided by the other on a reimbursable basis are regulated and secured by the relevant agreement.

A bilateral agreement in the form of a standard service contract must contain detailed description the service itself and the conditions for its provision and payment, as well as some other positions in accordance with the Civil Code (CC Chapter 27,; Law No. 2300-1 on consumer protection 1992/07/02 edition 2016/03/07 Chapter III) .

This agreement is applicable to services of an educational, medical nature, as well as information, consulting, legal, tourism and some other areas, with the exception of those that are considered and regulated by the Civil Code in a separate order.

The salient features of the agreement are:

• the specificity of the subject matter of the contract;
• artist personalization.

The specificity of the service (s) within the framework of the contract lies in the performance of certain actions that are not aimed at creating a thing / material (CC Art. 779), but implying a different result.

The embodied result of activity is the subject of a work contract (CC Art. 702), and according to standard contract In the provision of paid services, the purposeful activity of the contractor is of particular value to the customer.

The personalization of the contractor in the service agreement is mandatory (CC Article 780), that is, the performing party of the contract undertakes to personally perform the agreed actions. The reassignment of performance (as in the contract of work of the Civil Code of Art. 706) is not allowed, unless a separate clause is specified in the text of the contract.

The essential terms of the contract are:

1. The subject of the agreement, or the essence of the obligation that the contractor assumes (GK Article 432; Decree of the Federal Antimonopoly Service of the Ural District 2010/17/03 No. F09-1571 / 10-C2 case No. A50-14201 / 2009). The description of a service (action) or a list of services (a set of actions) should be extremely detailed and clear and exclude vague generalizations.
2. Start and end dates, or time frames for contractual activities (Resolution of the FAS ZSO 2010/02/03 case No. A27-9091/2009). Without specifying the terms, the contract will not be considered concluded, since in this case it is impossible to ascertain the fact of performance / non-performance of the service (CC art. 783,).

Other positions of the agreement can be considered by mutual agreement as essential, and therefore are reflected in the text of the agreement.

The terms of the contract, dictated by industry laws, are included in the body of the document if the parties have discussed, reached an agreement on these points and considered them essential (FZ No. 273 on education 2012/29/12; FZ No. 149 on IT 2006/27/07; FZ No. 132 on tourism 1996/24/11; PP No. 1006 on paid medical services 2012/04/10; PP No. 898 on veterinary services 1998/06/08; Federal Law No. 126 on communications 2003/07/07; Federal Law No. 176 on postal communications 1999/17/07; Federal Law No. 307 on audit 2008/30/12 and others).

Other features

Setting the price does not apply to the essential conditions (Determination of the Constitutional Court No. 1-P 2007/23/01), since in some cases it cannot be determined initially. Moreover, the amount of payment can be calculated according to the Civil Code Article 424. It should be remembered that the parties are free to set the amount of remuneration for the services rendered, which is strongly recommended to be reflected in the contract.

The salient features of a service agreement are:

• written execution of the document (CC Art. 161);
• the subject of the agreement are services of an intangible nature;
• contractual price and individual terms;
• payment for services is made on a contractual basis (CC Article 781), prepayment, staged payment, payment upon completion, as well as cash and cashless payments are possible;
• the possibility of unilateral refusal at any time with reimbursement of expenses / losses (Article 782);
• personal performance, unless otherwise specified (CC Article 780), which implies the service of a specific specialist with special education and professional experience in this field;
• redirection of obligations is not allowed.

The quality of the service provided is assessed based on the description of the content (subject of the contract) or on the basis of standard criteria for evaluating services of this kind (CC Art. 783, ). The criteria for acceptance of services by the customer (if possible) are specified in the agreement (CC Art. 783,). It should be assumed that a specific result is not always achievable and often cannot be described for objective reasons (for example, in the learning process).

The provision of a number of paid services is possible only if the contractor has a license and specialized education (medicine, audit, communications, and others).

The absence in the contract of clauses that are not mandatory (subject and terms) is not a basis for recognizing the document as invalid. On the contrary, the absence of significant positions in the contract classifies it as an unconcluded agreement.

Standard form of a service agreement

The service agreement is always bilateral and consensual. The service provider, or the contractor, who assumes the obligation to provide the service, and the customer, who needs the service, and therefore undertakes to pay for the actions of the specialist, are parties to the agreement.

The standard form of the contract usually includes:

• the content (description) of the contractual service, indicating the place of its provision;
• terms of submission;
• cost and payment scheme;
• quality assessment criteria;
• obligations and rights of the parties to the transaction;
• responsibility for failure to meet deadlines, cancellation of the contract and inadequate quality (incomplete volume), etc.;
• dispute resolution algorithm.

All possible changes in the terms of the contract and the necessary innovations are formalized by an additional bilateral agreement signed by the participants in the transaction.

This provision should be written in the body of the main contract.

Usually, an additional agreement is natural and justified with a “long-playing” main contract, since over time the terms of payment for services may change and additional requirements for performance may appear.

An additional agreement extends the terms of the current contract if, due to circumstances, the demand for the service has remained relevant for the customer and has not exhausted itself.

It is also appropriate to mention in a separate paragraph the admissibility / inadmissibility of involving third parties to fulfill obligations under the contract.

At the same time, the possibility (necessity) of such involvement should be discussed and agreed upon by the parties at a preliminary stage.

Compilation rules

Written execution of the document is mandatory, notarization is not required.

At the same time, an agreement between two individuals can be oral if the transaction amount is up to 10 thousand (CC Art. 159, 161, paragraph 1, paragraph 2).

Payment is preferably confirmed by a receipt or receipt indicating the type of service, the date of its receipt and the amount of payment.

Ignoring the written form of the contract gives rise to the risks of receiving low-quality or incomplete services on the one hand and non-payment for actions on the other hand. Without a written document, the possibility of resolving disputes and conflict situations is practically absent. Perhaps the only justified verbal transaction for services would be to receive an instant paid consultation (the service is provided at the time of application).

The nuances of drawing up a contract for paid services:

1. The indication of the place and date of signing the contract is obligatory.
2. In the preamble of the agreement, it is necessary to indicate by name the parties to the agreement with as much information as possible about them. It should be noted that on behalf of the legal entity an IO or an acting agency cannot act, since they are not authorized to make decisions and conclude transactions (Resolution of the FAS MO No. KG-A41 / 10211-03 2004/09/01). The powers of the person signing the document must be confirmed (power of attorney, Charter).
3. The description of the subject of the agreement must be detailed and contain a detailed list of works. Generalized phrases cannot give rise to either rights or obligations. If the customer is interested in a specific way of performing the service, then this point should be specified in this paragraph. Otherwise, the service provider has the right to provide the service as it sees fit or convenient for itself (CC Art. 783,).
4. Failure to indicate the terms of the validity of the contract and the demand for services may cause it to be recognized as not concluded.
5. When determining the contract price, foreign currency cannot be indicated, which is a violation (CC art. 140,).
6. The payment algorithm for services should be clearly stated in the contract. Otherwise, you will have to pay for the actions of the service provider at his request within 7 days (CC Art. 314).
7. Documents that must be listed in the text (performer's license, a detailed list of works, and others) are attached to the contract.

Essential terms of the service agreement

By contract for the provision of services 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(Clause 1 of Article 779 of the Civil Code of the Russian Federation).

The contract for the provision of services is concluded for:

auditing services;

information Services;

medical services;

services for tourist service;

This list is not exhaustive.

The relations of the parties under the contract for the provision of services for a fee are regulated by Chapter 39 of the Civil Code of the Russian Federation. According to Article 783 of the Civil Code, the general provisions on the contract (Articles 702 - 729 of the Civil Code) and the provisions on domestic contracting (Articles 730 - 739 of the Civil Code) apply to the contract for the provision of services for a fee, if this does not contradict the special rules on this contract (Articles 779 - 782 of the Civil Code) , as well as the features of the subject of the contract for the provision of services for compensation.

When rendering certain types services, the parties to the contract, in addition to the Civil Code, are also required to be guided by the norms of special legislation. For example, the provision of communication services is regulated by the Law "On Communications" and the Rules for the Provision of Communication Services, which define both the essential conditions for the provision of mobile communication services, and other mandatory conditions for the provision of this type of service to be included in the contract.

In some cases, the contract for the provision of services is public, therefore, the Law of the Russian Federation "" applies to the relations of the parties under such an agreement.

Below is type form service contracts. Of course, one must understand that each contract is unique and its terms depend on the characteristics of a number of conditions and the will of the parties. Nevertheless, there are conditions (they are called) that any service agreement must contain and without which the agreement is considered not concluded. The essential terms of the service agreement include the conditions that determine the specific type of service provided (clause 1 of article 779 of the Civil Code of the Russian Federation), i.e.:

General provisions on (Article 702 - 729 of the Civil Code) and provisions on domestic contracting (Article 730 - 739 of the Civil Code) apply to the contract, if this does not contradict the norms of Ch. 39 of the Civil Code, as well as the features of the subject of the contract for the provision of services for compensation (Article 783 of the Civil Code).

Because the:

• the result obtained from the service cannot be seen and felt;

  the service itself is consumed at the time of rendering to the customer;

  the service is considered rendered after the signing of the certificate of acceptance of services rendered services;

  for accounting and tax accounting it is necessary to prove the fact of the provision of services,

Therefore, the execution of primary documents is important for both the customer and the contractor.

To reflect the services, the main documents are:

Service agreement;

Account (invoice) of the service provider;

Standard form of a service agreement

Romashka LLC, hereinafter referred to as the "Customer", represented by General Director ____________________, acting on the basis of the Charter, on the one hand, and Odnodnevka LLC, hereinafter referred to as the "Contractor", represented by Director ____________________, acting on the basis of the Charter, on the other hand, have entered into this Agreement as follows:

What mistakes are made most often in the preamble of the contract

1. The Subject of the Agreement

1.1. The Contractor undertakes to provide the Customer with the services (hereinafter referred to as the Services) named in the List of Services Provided, which is an integral part of the Agreement (Appendix No. 1), and the Customer undertakes to pay for these Services.

1.2. The Contractor undertakes to provide the Services personally.

1.3. The terms for the provision of the Services are determined in the List of Services Provided (Appendix No. 1).

What mistakes are made most often in the subject of the contract

2. Order of delivery and acceptance of services

2.1. Upon the provision of the Services, the Contractor shall submit to the Customer for signing (Appendix No. 2) in two copies.

2.2. Within 7 days after receiving the Acceptance Certificate for the Services Rendered, the Customer is obliged to sign it and send one copy to the Contractor, or, if there are defects, provide the Contractor with a reasoned refusal to sign it.

2.3. If there are deficiencies, the Contractor undertakes to eliminate them within 14 days from the date of receipt of the relevant claims of the Customer.

2.4. Services are considered rendered from the moment the Parties sign the Certificate of acceptance and delivery of services rendered.

3. Contract price and settlement procedure

3.1. The total cost of the Services is ____ (___________________) rubles, including VAT _____ (__________) rubles.

3.2. The Customer pays for the Services in the following order (select the required one / it is possible to establish a different payment procedure): part of the cost of the Services in the amount of _____ (__________) rubles, including VAT _____ (__________) rubles, the Customer pays before the start of the provision of services by the Contractor (prepayment ), the remaining part of the cost of the Services in the amount of _____ (__________) rubles, including VAT _____ (__________) rubles, the Customer pays within _____ days after the Parties sign the Acceptance and Delivery Certificate for the Services Rendered.

6.4. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. Annexes to this agreement form its integral part.

6.5. This Agreement is made in two copies in Russian. Both copies are identical and have the same power. Each party has one copy of this agreement.

6.6. Attached to the agreement:

6.6.1. List of rendered services

6.6.2. Service Acceptance Certificate

7. LEGAL ADDRESSES OF THE PARTIES

Contractor: _______________________________ (location address)

current account No. __________________________ in the Bank _______________

SIGNATURES OF THE PARTIES:

How to draw up an act of acceptance of services rendered

Application No. 2
to the Compensation Agreement
provision of services No. ____ dated "___" ___________ _____

Certificate of acceptance of services rendered

Romashka LLC, hereinafter referred to as the "Customer", represented by General Director ____________________, acting on the basis of the Charter, on the one hand, and Odnodnevka LLC, hereinafter referred to as the "Contractor", represented by Director ____________________, acting on the basis of the Charter, on the other hand, they have drawn up this Acceptance and Delivery Certificate for the Services Rendered (hereinafter referred to as the Certificate) under the Paid Services Agreement No. ___ dated "___" ___________ _____ (hereinafter referred to as the Agreement) as follows.

In pursuance of clause 1.1 of the Agreement, the Contractor, in the period from "__" _______ ___ to "__" _______ ___, fulfilled its obligations to provide services, namely, it provided the following services to the Customer:

• ________________________________________

  ________________________________________

The above services were completed in full and on time. The customer has no claims regarding the volume, quality and timing of the provision of services.

According to the Agreement, the total cost of services rendered is ______ (__________) rubles, including VAT __% in the amount of _______ (__________) rubles.

total amount of the transferred advance amounted to ______ (__________) rubles, including VAT __% in the amount of _______ (__________) rubles.
Under this Act, _____ (__________) rubles are due to be received, including VAT ___% in the amount of _____ (__________) rubles.

This Act is made in two copies, one for the Contractor and the Customer.

Contract for the provision of services. Under a contract for the provision of services for a fee, the contractor undertakes to provide services (perform certain actions or carry out certain activities) on the instructions of the customer, and the customer undertakes to pay for these services.
The rules of Chapter 39 of the Civil Code apply to contracts for the provision of communication services, medical, veterinary, auditing, consulting, information services, training services, tourist services and others, with the exception of services provided under contracts provided for in Chapters 37, 38, 40, 41, 44, 45, 46, 47, 49, 51, 53 of the Civil Code.

Unless otherwise provided by the contract for the provision of services for compensation, the contractor is obliged to provide services personally.

The customer is obliged to pay for the services rendered to him in the terms and in the manner specified in the contract for the provision of services for compensation.

In case of impossibility of performance due to the fault of the customer, the services are subject to payment in full, unless otherwise provided by law or the contract for the provision of services for compensation.

In the event that the impossibility of performance arose due to circumstances for which none of the parties is responsible, the customer shall reimburse the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of services for compensation.

The customer has the right to refuse to execute the contract for the provision of services for compensation, subject to payment to the contractor of the expenses actually incurred by him.

The contractor has the right to refuse to fulfill obligations under the contract for the provision of services for compensation only if the customer is fully reimbursed for losses.

The general provisions on the contract (Articles 702-729 of the Civil Code) and the provisions on domestic contracting (Articles 730-739 of the Civil Code) apply to the contract for the provision of services for compensation, unless this contradicts Articles 779-782 of the Civil Code, as well as the specifics of the subject matter of the contract for the provision of services for compensation.

Society with limited liability"Phantom", hereinafter referred to as the "Customer", represented by Director Nikolai Alexandrovich Verevkin, acting on the basis of the Charter, on the one hand, and Individual entrepreneur Fedichkin A.V., hereinafter referred to as the "Contractor", represented by Andrey Vladimirovich Fedichkin, acting on the basis of the Certificate, on the other hand, hereinafter collectively referred to as the "Parties", have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide services for participation in manufacturing process, management and performance of other functions at the request of the Customer, on the territory of the Customer's enterprise, located at the address: Moscow, st. Olkhovskaya, 11.
1.2. The Customer undertakes to timely pay for the services to the Contractor.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The performer has the right:
2.1.1. Get access to the internal local acts of the Customer, technical documentation, as well as to other sources of information regarding the security of the facility.
2.1.2. Has the right to change the cost of the services provided, but not more than once during the calendar year.
2.2. The Contractor undertakes:
2.2.1. Within the agreed timeframe, fulfill the Customer's instructions provided for in this Agreement.
2.2.2. At the written request of the Customer, conduct a survey of facilities, followed by drawing up an act, which reflects proposals for technical strengthening, use technical means, type, the required number of posts and the number of guards at the facility.
2.2.3. Carry out, at the written request of the Customer, consulting and preparing recommendations on the issues of ensuring the security of the Customer's facilities.
2.2.4. Assist in the maintenance of indoor fire safety provided that the Customer performs fire-fighting measures and provides primary means firefighting.
2.2.6. Activities specified in paragraphs 2.2.2; 2.2.3., carry out for an additional fee.
2.3. The customer has the right:
2.3.1. Make suggestions to improve the quality of services provided by the Contractor.
equipment necessary for the Contractor to fulfill its obligations.
2.4.3. Install serviceable primary fire extinguishing equipment in certain places at the facility, carry out preventive fire safety measures.
2.4.4. Provide lighting for the facility.
2.4.5. Require from their employees, as well as from customers, visitors and partners, to comply with fire safety measures on the territory of the enterprise.
2.4.6. Timely pay for the services of the Contractor under this agreement.
2.4.7. Notify the Contractor in writing within 2 (Two) business days of the change of the head, as well as other persons responsible for contractual relations, with confirmation of their authority (orders, powers of attorney, instructions), change of company details with sending documents confirming these changes to Contractor's address.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The cost of the Contractor's services under this Agreement is 103,960 (One hundred and three thousand nine hundred and sixty) rubles 00 kopecks per month.
3.2. Payment for the services of the Contractor is made by transfer Money to the account of the Contractor in the following order:
- advance payment (prepayment) of at least 60% of the amount of payment for the Contractor's services for the previous month before the 05th day of the current month on the basis of an invoice,
- final settlement - before the 10th day of the month following the reporting one.
3.3 The Customer is obliged to review the submitted act within 3 working days, sign it, certify it with a seal, and return one copy to the Contractor's address. If there are comments on the services rendered, the Customer returns the act with a reasoned refusal in writing within the period specified above. If the act is not received by the Contractor within the agreed period, the services are considered accepted by the Customer under the act without comment.
3.4. If the conditions that determine the cost of services change, the Contractor shall notify the Customer in writing, 10 days in advance and provide a new calculation for consideration by the Customer.
An agreement on changing the cost of services is executed by signing an additional agreement to the Agreement by the Parties to the Agreement without reissuing the Agreement.
3.5. In case of non-receipt of funds to the Contractor's settlement account within the time limits specified in clause 3.2. of this Agreement, the Contractor has the right to unilaterally suspend this Agreement by notifying the Customer in writing 1 day before the proposed suspension of the provision of services.
3.6. In case of non-payment of debts for payment for the services of the Contractor within one month from the date of suspension of this Agreement, the Contractor has the right to unilaterally terminate the Agreement without additional notice to the Customer.
3.7. The date of fulfillment by the Customer of its obligations to pay for the services of the Contractor is the day of receipt of funds to the settlement account of the latter.

4. RESPONSIBILITIES OF THE PARTIES

4.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are liable in accordance with the current legislation of the Russian Federation.
4.2. For each day of delay in payment for the provision of personnel with ^ U, a penalty in the amount of 0.1% of the amount owed. The penalty is charged on the basis of sending a written claim by the Contractor to the Customer and a written confirmation of the Customer on its acceptance. The penalty is charged from the date of written confirmation of acceptance of the claim by the Customer.
4.3 The Contractor in case of improper performance or non-performance of the terms of this agreement is liable for damage caused to the Customer.
4.4. The facts of causing damage are established by the bodies of inquiry, the investigation, the court in the manner prescribed by applicable law.
The guilt of the Contractor is established by a bilateral commission consisting of representatives of the Customer and the Contractor, in case of disputes over the guilt of the Contractor that cannot be resolved by the specified commission, the dispute is referred to the court.
The amount of damage is confirmed by the relevant documents drawn up with the participation of the Contractor. In the event of a discrepancy between the amount of damage established by the Customer and the amount of damage established by the court, the damage established by the court shall be subject to compensation.
Compensation for damage is made after the drawing up of a bilateral act, or a verdict, decision, ruling or court order that has entered into legal force.
4.5. The amount of damage not disputed by the parties shall be reimbursed within 30 days after the Customer provides the Contractor with a complete package of required documents.
4.6. The performer is released from liability:
— for damage caused through the fault of the Customer's employees during their performance job duties;
— for the theft of personal property of the Customer's employees;
- for theft from sealed, sealed or locked premises without breaking seals, seals, doors and locks and other obvious signs of penetration into the Customer's premises;
- for damage caused by fire, explosion, riots, other natural disasters.

5. ACTIONS OF FORCE MAJEURE

5.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the agreement as a result of extraordinary events, the occurrence of which the party that did not fulfill the obligations in full or in part could neither foresee nor prevent by reasonable means.
In this case, the fulfillment of obligations under the contract is postponed for the duration of the force majeure circumstances.
5.2. Upon the occurrence of those specified in clause 5.1. circumstances, the party for which the impossibility of fulfilling its obligations under this agreement has been created must, in the shortest time notify the other party about them in writing, attaching the relevant certificates, but in any case no later than 10 days after their start.

6. PRIVACY

6.1. The terms of this agreement and agreements (protocols, etc.) to it are confidential and not subject to disclosure.
6.2. The Parties take all necessary measures to ensure that their employees, without the prior consent of the other Party, do not inform third parties about the details of this agreement and its annexes.

7. TERM AND OTHER CONDITIONS OF THE AGREEMENT

7.1. This Agreement shall enter into force from 09.00 am "01" June 20__. and is valid for 1 (one) year.
7.2. The terms of the agreement and its appendices may be changed by agreement of the parties. Changes and additions are considered within two weeks.
7.3. The cost of providing services under this agreement is subject to annual indexation, taking into account the growth rate of inflation in the territory of the Russian Federation.
7.3. Each of the parties at any time has the right to terminate this Agreement and sends its intention to the other party within 30 (thirty) days written notice on termination of the contract. During this period, the parties shall fulfill their obligations under this Agreement.
7.4. If 15 days before the expiration of this Agreement, the parties have not notified in writing of the termination of this Agreement, then it is considered extended for each subsequent calendar year on same conditions. In the manner prescribed by this paragraph, this Agreement may be extended an unlimited number of times.
7.5. All disputes of the parties under this agreement and in connection with it, on which the parties cannot reach a mutual agreement, are resolved in the Arbitration Court of the Moscow Region.
7.6. This Agreement is made in two copies, each of which has equal legal force, one for each of the parties.

8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
________________________
________________________