The parties to the contract for the provision of services are. Contract for the provision of services (standard)

31.01.19 18 707 2

Dealing with a lawyer

A service agreement is often confused with a work contract. One contract implies a process, the other - a result. The difference is in one word, but the success of the entire enterprise can depend on it.

Alexey Kabluchkov

For example, a customer wants to receive outdoor advertising services, but instead signs a contract for the production of an advertising banner. The customer wants design, advertising space and consumer reaction. Instead, he will receive just a printed canvas.

In this article I will tell you how to distinguish services from a contract and sign a service agreement. This is useful for entrepreneurs and individuals who order services from others or provide services to other companies. Watch the wording: one day they will save you from judgment.

What will you learn

How to distinguish services from a contract

In services, the process of their provision is important, and the result is not guaranteed. In a contract, on the contrary, the result is important, and it is he who is paid. For example, in a fire show service, the presentation process is important for the customer. And in a construction contract, the result is important - a built house.

The law explicitly states that activities in the field of communications, medicine, veterinary medicine, training, tourism, auditing, consulting and informing are services.

Not services:

Research, development and technological work.
Transportation of goods, passengers and luggage.
transport expedition.
Bank deposit and account.
Calculations.
Storage.
Order.
Commission.
Trust management of property.

But not everything is so simple. Teaching English is a service (because it's a process). But “teach English” is also a service, although it seems to be a perfect wording. The result of the contract must have some kind of material embodiment - so that it can be felt. This is, for example, the installation of equipment, building a house or laying networks.

Still a little more difficult. In services, too, there is often some kind of material result. So sometimes there is confusion. For example, one court decided that harvesting from the fields is a service, and another - that in a row.

Therefore, the courts introduced an additional criterion - the result of the service is inseparable from the process of its provision. The provision of a service and its consumption often occur at the same time. For example, cleaning services are consumed at the time of cleaning, and guards are consumed in the process of guarding.

AAAAA! Sometimes the same transaction can be executed both as a contract and as a service. For example, car repairs can be formalized by a work contract or a service contract.

Difference between a contract and a contract for the provision of services

Contracts and services are similar in many ways, but the devil is in the details. If you know the features, you can make a conscious choice of what you need for business: work (in a row) or services.

Term. A contract must have a term, but a contract for the provision of services does not. The service agreement can be concluded for an indefinite period. If it is not known in advance how long the task will take, it is better to conclude a service agreement, rather than a contract.

Subcontractors. The performer of works (that is, the contractor) by default has the right to involve third parties in the work - subcontractors. The ban on their involvement should be expressly stated in the contract. With services, the opposite is true - by default, the performer cannot involve other persons. Permission to do so must be written into the contract.

Transfer-acceptance act. Under the contract, the contractor must transfer the work according to a written act. The contractor can also transfer services under the act, but not necessarily, but by agreement of the parties.

In a contract, the parties sign an act after the contractor completes the work. The result of this work can be transferred physically: from hand to hand or, for example, cutting a ribbon in front of a built house.

Services are more difficult. The moment when the parties sign the act depends on the nature of the services. For example, security services are provided on a daily basis, and market analysis of the market is provided after the study is completed.

Execution of the contract. By law, the contractor may not perform the contract only when the work cannot be completed due to circumstances beyond his control. For example, if the customer did not hand over the thing that needs to be repaired, or if the redevelopment of the house could destroy it.

If it turned out to distinguish services from a contract, it is necessary to correctly prescribe the terms of the contract. Here's how to write a contract for the provision of services.

How to designate services in a contract

Suppose we have decided that we need a service. We draw up a contract. Here's what it should have.

Subject of the contract- This is the service that we will provide. It can be formulated in two ways.

The first is to indicate the name of the service or the area in which it should be provided:

This is a convenient way if it is not known in advance how much services and what specific actions will be required from the contractor. For example, it is not known in advance how many court hearings there will be on the case, whether additional written explanations will need to be prepared, and whether it is necessary to participate in the appeal.

Often there are disputes about what exactly the performer should have done. Correspondence, established relations between the parties and generally recognized standards of work can help here. But not always.

For example, in one case, the court could not understand what engineering and consulting services are, recognized the subject of the contract as inconsistent and collected the advance payment received earlier from the contractor. That is, the contractor and the customer did not specify what would be included in these services, the advance was transferred to the contractor, then something went wrong, and the customer asked for the money back. The contractor refused, they went to court, and he sided with the customer. Like, an incomprehensible name of services - return everything as it was.

Therefore, this method is not suitable if the content of the service can be interpreted in different ways. In this case, it is necessary to list the specific actions of the performer:

Orally consult the Customer about the market of veterinary services within 3 hours.
Interview on business development issues with at least 30 owners or directors of veterinary clinics in the Central Federal District, with the exception of Bryansk.
Conduct a survey of at least 1000 residents of the city of Bryansk on the work of existing veterinary clinics in the city in accordance with Appendix No. 1 to the Agreement.

This option allows you to better control the performer, but limits his freedom. Therefore, it is better to combine both methods.

Often the result cannot be achieved for objective reasons or the fault of the customer. For example, you can’t deprive a tutor of a fee because a lazy student got a bad grade.

But for the customer it is better to indicate the purpose of concluding the contract:

"The contract is concluded with the aim of preparing the student for the Unified State Examination in Literature."

This will help determine the integrity of the performer. For example, parents do not want to pay for preparation courses for the Unified State Examination, because the child was not told about the work of K. Vonnegut. The training center will easily challenge this: Vonnegut's work is not included in the USE program.

If the subject of the contract can be quantified, it is better to do so. For example, indicate the number of visitors to the event, the frequency and duration of the broadcast of commercials, the list of cleaning objects.

Set a deadline

The contract for the provision of services can be concluded for an indefinite period. But in order to avoid disputes, it is better to discuss this condition anyway or set intermediate dates.

Check list. There are types of services for which the deadline must be agreed:

Paid medical and educational services.

Such contracts cannot be concluded for an indefinite period.

Specify the duration of the contract. It is important not to confuse the term of the contract and the term for the provision of services. The first is greater than the second. The term of the contract includes the time to prepare for the provision of services, advance payment, final settlement under the contract and the exchange of documents:

The term of the contract is necessary so that the customer can make an advance payment, the parties sign the act of rendering services and make the final payment.

Specify the duration of the service. The term for the provision of services can be formulated in different ways:

The service must be provided by March 31, 2018.

The Contractor provides the service from 01/01/2018 within 2 calendar months.

The contractor must clean the premises before the start of the heating season.

The contractor provides the service within 2 calendar months after the advance payment by the customer.

The contractor provides consultations within 2 working days after receipt of the request.

Even if it is not possible to set a direct deadline, it is still desirable to somehow determine it. This will help avoid unnecessary disputes.

Add milestones. Interim terms are more often used in work contracts. But they can also be specified in service contracts.

To do this, it is necessary to break the process of providing services into several stages and determine by what time the contractor must complete each of them. This will help the customer to control the contractor, and the contractor - to receive confirmation of the quality of the services provided.

Interim deadlines help determine the amount of payment if services are not fully provided. For example, the contractor performed quality services in February, March and April. Not in May and June. Monthly intermediate terms will allow the customer to pay only 3 months.

For example, the company asked for catering services and organizing a memorial dinner. The customer filled out the questionnaire and transferred the prepayment, but then changed his mind and asked to return it. In court, he said that the contract was not concluded, because the parties did not even agree on the terms. But the court dismissed the claim - for services, the terms are not an essential condition.

Determine the procedure for the provision of services

Often, not only the result is important to the customer, but also the process of providing services. For example, in business and entertainment events, the customer is interested not in the fact of their holding, but in the process: the quality of food, the convenience of the premises, and the entertainment program.

Even if the execution process is indifferent, it is better to prescribe it in order to track violations in time.

Customer obligations. Usually, service contracts contain many obligations of the performer and two obligations of the customer: to accept and pay for the service. But this is not always correct.

The customer is the contractor's assistant. For example, when new software is introduced, the joint efforts of the contractor and the customer are important. The contractor tests the equipment, adjusts the programs, makes recommendations and trains the staff. The customer provides his computers and access to information databases, receives licenses. It is better for the contractor to indicate in advance what is required from the customer: to transfer documents, issue passes or provide information.

If the contract cannot be executed due to the fault of the customer, the services are subject to payment in full. This rule can be changed in the contract: for example, specify that the contractor can only keep the prepayment.

For example, a research institute was supposed to advise a customer on drilling wells, but could not do this because the customer did not provide geological data. The Institute tried to recover the cost of its services, but the court refused. According to the court, the institute should have applied to the customer with a written request to provide this information.

Third parties. Once again, I note that according to the law, the contractor must personally provide the service and is not entitled to involve third parties. This prohibition does not apply to the contractor's employees who work under an employment contract.

For example, an entrepreneur has entered into an agreement with an educational center for the provision of vocational retraining services. This center can entrust the execution of the contract to teachers working in it. But he cannot involve a local university in retraining.

Usually, the courts turn a blind eye to the involvement of assistants if the customer accepted the service, and there was no explicit prohibition in the contract. But it is better to directly indicate that the contractor has the right to involve other persons in the provision of services, or vice versa to prohibit this.

Prepare acts

To avoid disputes, it is better to agree in advance on the procedure for accepting services.

Provide for the transfer of documents. The parties can agree on payment after providing the documents that the contractor draws up: written consultations, clarifications, draft contracts and complaints. This will help structure the contractual relationship.

Even if the services do not require any documents, it can be envisaged that the contractor transfers to the customer an act of services rendered. After the service is rendered, the contractor draws up an act, signs it on his part and sends it to the customer. The fact of the transfer of the act is recorded by mail or a copy of the act signed by the customer.

Prepare a form in advance. It is better to immediately attach the act of rendering services to the contract. There is no mandatory form of the act, but in practice there are a number of requirements for its content. The courts require that the act defines the cost, scope and type of services.

Determine the moment of signing the act. The act fixes the fact of completion of services. The moment of signing the act depends on the process of performing services.

If services are provided periodically, but not daily, the act can be signed each time the service is provided. For example, after each court session in which the lawyer participated.

If the services are divided into stages, the acts can be signed after each stage, and upon full execution of the contract, the final act can be signed. For example, when diagnosing an organism, you can sign acts of a blood test, ECG, ultrasound, and an act of a complete medical examination.

If services are provided daily, acts can be signed monthly or every six months. That is, it is not necessary to sign an act on cleaning the premises every day, it is enough - once a month.

If the services should lead to some result, it is better to sign the act after it is achieved, for example, after an increase in the number of site visitors.

Provide for the event of non-performance of the contract

Not all contracts are fulfilled. The customer may lose interest in the service, and the contractor may receive a better offer. To insure, it is enough for the contractor to agree on an advance payment under the contract. The customer needs to carefully consider the terms of the contract.

Cancellation of the contract. It is easier to withdraw from a contract for the provision of services than from a contract. The contractor must compensate the customer for losses that are associated with his withdrawal from the contract.

But it is difficult to prove the amount of losses. For example, the contractor refused the ATM service agreement. The customer demanded in court to compensate him for the amount of lost services - 70,000 rubles, and the cost of removing the ATM - 8,000 rubles. As a result, the court satisfied only the claim for compensation of 8,000 rubles. The customer could not prove that the services not received are a loss.

If the contract is canceled by the customer, he must reimburse the costs of the contractor.

It must be understood that, according to the law, it is quite easy to refuse a contract for the provision of services. Therefore, if it is important that the contract be preserved under any circumstances, you can offer the counterparty a different procedure. For example, that you can cancel the contract only by paying a certain amount.

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;

tourist services;

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 providing certain types of 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 a standard form of a service agreement. 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).

Insofar as:

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 the purposes of 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

G. ____________________

"__" ________ 201__

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 specified 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

current account No. __________________________ in the Bank _______________

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

G. ____________________

"__" ________ 201__

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 Certificate of acceptance and delivery of services rendered (hereinafter referred to as the Certificate) under the Contract for the Provision of Services for Compensation No. ___ dated "___" ___________ _____ (hereinafter referred to as the Contract) 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.

The 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.

By customer:
CEO
LLC "Romashka"

Surname I.O.
m.p.

From the Artist:
Director
Odnodnevka LLC

The concept and elements of the contract. Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (clause 1 of article 779 of the Civil Code). As follows from the definition, this agreement is consensual, mutual (synallagmatic), reimbursable. The contract under which the performer, carrying out the relevant entrepreneurial activity, provides the citizen-customer with a service designed to meet the personal (domestic) needs of the latter, is public (Article 730, 783 of the Civil Code) * (488).

The parties to the contract for the provision of services for a fee are the contractor (service provider) and the customer (service recipient). In ch. 39 of the Civil Code does not contain any requirements for the subject composition of this agreement. Consequently, as a general rule, any entities (individuals and legal entities, public legal entities) can act as parties, taking into account their scope and nature of legal capacity and capacity. At the same time, in relation to certain varieties of this agreement, the legislator establishes special requirements relating primarily to the figure of the performer. Thus, activities for the provision of certain types of services (medical, veterinary and some others) are subject to mandatory licensing. Special requirements are imposed on the performers of audit services * (489), evaluation services * (490) and some others.

The subject of the contract is the service provided by the contractor. The condition about the subject has the character of the essential. It is considered agreed if the contract lists certain actions that the performer is obliged to perform, or indicates certain activities that he is obliged to carry out. With regard to the latter case, the range of possible actions of the performer can be directly indicated in the contract or determined on the basis of negotiations and correspondence preceding the conclusion of the contract, the practice established in the mutual relations of the parties, business customs, subsequent behavior of the parties, etc. * (491)

The price in the contract for the provision of services, as a rule, is determined by the parties and is free. However in certain cases the size of the price is regulated by the state * (492).

As a general rule, the price condition is not essential. In its absence in the contract, the price will be determined according to the rules of paragraph 3 of Art. 424 GK. The exception is cases when the service provided is unique and has no analogues. Since the provisions of Art. 424 of the Civil Code in such a situation are not able to adequately fill the missing agreement of the parties on the price, such absence means that the contract has not been concluded.

The price can be determined by drawing up an estimate (Article 709, 783 of the Civil Code).

The term for the execution of the contract for the provision of services for compensation is established by agreement of the parties, and in the absence of such an agreement, it is determined according to the rules of paragraph 2 of Art. 314 GK. However, often the specificity of the service rendered makes the term condition essential. Thus, in contracts for the provision of services for holding concerts, theatrical, sports or musical performances, in the absence of a deadline agreed by the parties, the contract should be considered not concluded. In many contracts that provide as a subject not an action, but the activity of the performer (educational services, the so-called subscription and other long-term services * (493), the term of the contract determines the time limits within which the services will be provided, and therefore the indication of this period is necessary .

The form of the contract for the provision of services for a fee, in the absence of special instructions, Ch. 39 of the Civil Code, is determined according to the general rules on the form of transactions (Articles 158-161 of the Civil Code).

At the same time, Art. 780 of the Civil Code establishes the presumption of personal provision of services. Engagement by the performer to the performance of the agreed action or the implementation of the activities stipulated by the contract of third parties is not allowed, unless otherwise provided by the contract. This presumption is general and applies to any contract for the provision of services for a fee, regardless of the specifics of its subject matter or subject composition. In all cases, the relevant actions (activities) carried out for the contractor by a third party are not considered as proper performance (clause 1 of article 313 of the Civil Code) and should not be paid.

The contractor is obliged to provide the service on time and in the proper place. Often, the nature of the service provided determines the place of performance of this obligation. So, it is obvious that the services for holding a theatrical event, watching a movie, etc. involve their provision in the appropriate premises (theatre, cinema). In other cases, the place of performance of the obligation to provide a service should be determined according to the general rules of Art. 316 GK.

The contractor is obliged to provide a service of adequate quality. Taking into account the specifics of the service as an object, the quality of the service is directly related to the actions that the contractor must perform. Accordingly, the assessment of the quality of the service provided should be carried out according to these actions themselves.

The customer is obliged to pay for the services provided by the contractor. As a general rule, payment should occur after the provision of services (clause 1 of article 781, clause 1 of article 711, article 783 of the Civil Code), however, by agreement of the parties, advance payment or payment in installments may be provided. If the contract does not establish a payment period, it is determined according to the rules of Art. 314 GK.

Since the customer's obligation is monetary, the general consequence of the customer's delay in payment is the obligation to pay interest under Art. 395 GK.

Special rules are established by the legislator regarding the consequences of the impossibility of providing the intended service. If such an impossibility arose due to the fault of the customer, he is obliged to pay for the services in full (clause 2 of article 781 of the Civil Code). In the event that the impossibility of performance arose due to circumstances for which none of the parties is responsible * (494), the customer reimburses the contractor only for the expenses actually incurred by him (paragraph 3 of article 781 of the Civil Code). These rules are dispositive and can be changed by law or contract.

When the impossibility of performance has arisen due to circumstances for which the performer is responsible (clause 1, 3 of article 401 of the Civil Code), he loses the right to both remuneration and payment of actually incurred expenses.

Termination of the contract. Features of the service as the subject of the contract predetermine the specifics of its termination.

So, by virtue of paragraph 1 of Art. 782 of the Civil Code, the customer has the right to refuse to execute the contract for the provision of services for a fee. This rule is enshrined in an imperative norm and cannot be changed by an agreement. The customer's right of withdrawal should be regarded as unconditional. The agreement of the parties, establishing a special procedure for unilateral refusal or providing for a penalty (fine) for such a refusal, is invalid * (495).

The only consequence * (496) of the customer's refusal is his obligation to reimburse the contractor for the necessary expenses actually incurred by the latter, related to the preparation for the provision of services * (497). This rule does not affect the right of the contractor to demand full payment for the services actually rendered by him until the moment the customer cancels the contract. So, if the subject of the contract is the provision of long-term services (for example, weekly excursion services, fitness center services for an annual subscription), the contractor's activities can be conditionally divided into several components. Therefore, the refusal of the contract before the expiration of its validity period does not release the customer from payment for already partially rendered services * (498).

To refuse at any time from the contract for the provision of services, with the exception of the contract, which is of a public nature * (499), the performer is also entitled (paragraph 2 of article 782 of the Civil Code).

As a consequence of such a refusal, the contractor must compensate the losses caused to the customer in full * (500).

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, medical, veterinary, auditing, consulting, information, training, tourism and other services, 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.

Phantom Limited Liability Company, hereinafter referred to as the “Customer”, represented by Director Nikolay Alexandrovich Verevkin, acting on the basis of the Charter, on the one hand, and Individual Entrepreneur Fedichkin A.V., hereinafter referred to as the “Executor”, 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 on its own to provide services for participation in the production 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 other sources of information regarding the security of the object.
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 the facilities, followed by drawing up an act that reflects proposals for technical reinforcement, the use of technical means, the 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. Provide assistance in maintaining fire safety in the premises, subject to the Customer's implementation of fire prevention measures and provision of primary fire extinguishing equipment.
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) working 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 Contractor's services is made by transferring funds to the Contractor's settlement account 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 provided, 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. When changing the conditions that determine the cost of services, 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 judgment, 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 Contractor is released from liability:
- for damage caused through the fault of the Customer's employees during the performance of their labor 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 arisen must, as soon as possible, notify the other party in writing about them, attaching the relevant certificates, but in any case no later than 10 days after their commencement.

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 has the right to terminate this Agreement at any time and sends a written notice of termination of the agreement to the other party about its intention 30 (thirty) days in advance. 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 the same terms. 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
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Contract for the provision of services- this is an agreement by virtue of which one party (executor) undertakes, on the instructions of the other party (customer), to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (clause 1, article 779 of the Civil Code of the Russian Federation).

Very often, a contract for the provision of services is public(Article 426 of the Civil Code of the Russian Federation). In particular, communication services, medical, educational services, etc. are usually provided on the basis of this (public) contract. accession(Article 428 of the Civil Code of the Russian Federation).

Legal regulation of relations regarding the provision of services

Legal regulation of relations arising from the provision of services is carried out by numerous regulations. The most general rules are contained in Art. 779–783, forming ch. 39 of the Civil Code of the Russian Federation. They are pretty concise. In general, the regulation of relations is characterized by a differentiated approach: various services are provided in accordance with the rules contained in different regulations. In paragraph 2 of Art. 779 of the Civil Code of the Russian Federation provides that the rules on the contract for the provision of services for a fee (Articles 779–783 of the Civil Code of the Russian Federation) apply to contracts for the provision of communication services, medical veterinary and other (already mentioned) services.

However, the detailed regulation of the relevant relations is mainly carried out not by the general rules of the Civil Code of the Russian Federation, but by special legislation. For example, health care legislation, which is very broad

In addition, the general provisions on contracting (Articles 702-729 of the Civil Code of the Russian Federation) and the rules on household contracts (Articles 730-739 of the Civil Code of the Russian Federation) apply to relations regarding the provision of services for a fee, provided that such application does not contradict special rules on compensation provision of services (Article 779–782 of the Civil Code of the Russian Federation), as well as the specified features of the subject matter of the contract for the provision of services for compensation (Article 783 of the Civil Code of the Russian Federation).

The value of the general rules on the provision of services contained in Sec. 39 of the Civil Code of the Russian Federation lies in the fact that they are fundamental in the regulation of the relevant relations. Given that the regulation of relations arising from the provision of services is carried out differentially - by numerous acts that apply to different types of services, these general rules can be qualified as systemically important. They form the basis of special norms on certain types of services.

Many types of services are provided in accordance with special norms of the Civil Code of the Russian Federation, which form separate institutions of civil law (for example, a contract of agency). In such cases, the application of the general rules on the provision of services becomes redundant. Moreover, they are somehow taken into account in these cases. Therefore, the Civil Code of the Russian Federation (clause 2, article 779) provides that the general rules for the provision of services do not apply to relations from the following contracts:

contract (ch. 37);
performing research, development and technological work (ch. 38);
transportation (ch. 40);
transport expedition (ch. 41);
bank deposit (ch. 44);
bank account (ch. 45);
storage (ch. 47);
assignments (ch. 49);
commissions (ch. 51);
trust management of property (ch. 53).

They also do not apply when applying the rules on settlements (Chapter 46 of the Civil Code of the Russian Federation).

Parties to the contract for the provision of services

The parties to the contract for the provision of services are:

Executor(service provider) - an entity that has undertaken to provide services;
Customer(service recipient) - the subject on whose instructions the service is provided.

The law does not contain special requirements for the subject composition of relations for the provision of services for a fee. Therefore, any subjects of civil law can participate in these relations. Naturally, most often they are citizens and legal entities. As practice shows, public legal entities often act as customers. At the same time, the subject composition of the contract may be predetermined by the essence of a particular service and the law. Thus, in a contract for the provision of medical services, only a subject entitled to provide medical services can act on the side of the contractor. The customer of medical services can be both a citizen and a legal entity. But in the second case, the consumer of services - the patient - is a citizen (usually these are persons who are employees of a legal entity - the customer).

Essential terms of the contract for the provision of services

The only essential condition of the contract for the provision of services is subject contracts. Naturally, the law regulating relations regarding the provision of services of a certain kind may contain other indications. So, in the Federal Law of November 24, 1996 N 132-FZ “On the Basics of Tourism in the Russian Federation”, among other things, the general price of a tourist product in rubles, information about its consumer properties, etc. are named as essential conditions (Art. 10 ).

Form of contract for the provision of services

The law does not contain special general requirements for the form of a contract for the provision of services for compensation. Consequently, the general rules on the form of transactions (Articles 158–165 of the Civil Code of the Russian Federation) and on the form of contracts (Article 434 of the Civil Code of the Russian Federation) apply.

With regard to certain types of services, the law may include special requirements for the execution of contracts (for example, by issuing a receipt to the customer) for consumer services to the population (for example, when handing over things to dry cleaning), etc.

Rights and obligations of the parties to the service agreement

As a general rule, the contractor must provide services personally. This is due to the fact that the relationship between the customer and the contractor is often of a trusting nature. Or it is highly desirable that they be such (for example, the relationship between a doctor and a patient). In any case, the identity of the performer under a contract for the provision of services, as a general rule, is essential for the customer (people go to a concert of a certain artist, turn to a certain cosmetologist, tutor, etc.). In addition, a third party (like the performer) can apply all their knowledge and skills, and the desired result may not be achieved (the patient did not recover, the trainee did not acquire the necessary knowledge, etc.). It is clear that in such cases a conflict is inevitable over how justified the fulfillment of the obligation was not by the debtor (executor), but by some third party. Therefore, the contractor provides the service personally.

The contract for the provision of services may provide that the performer has the right to involve a third party in execution or to entrust execution to a third party etc.

The customer is obliged to pay for the services in the terms and in the manner prescribed by the contract. Prices for some services are determined by authorized state bodies.

In addition to these basic rights and obligations, the parties may have other rights and bear other obligations provided for by law or the contract. For example, in accordance with the Federal Law of December 30, 2008 N 307-FZ “On Auditing Activities”, the audited entity (customer) is obliged to assist the audit organization or individual auditor (executor) in the timely and complete audit, provide the necessary information and documentation, etc. (Art. 14).

Unilateral refusal to execute the contract for the provision of services

Both parties to the contract may withdraw from the contract at any time. In this case, the exception to the principle of stability of obligations (Article 310 of the Civil Code of the Russian Federation) is due to the trusting nature of a number of relations regarding the provision of services, as well as the fact that it is not always possible to guarantee the achievement of the desired results of the service.

The consequences of such a refusal differ depending on which of the parties to the service agreement refuses to perform it - the contractor or the customer.

In case of refusal customer he is obliged to pay the contractor for the expenses actually incurred by him (for example, the expenses necessary for travel to the place of fulfillment of the obligation, the wages paid to the employee of the legal entity - the contractor in connection with the performance of actions to fulfill the obligation, etc.).

If the contract is canceled executor, then he must compensate the customer for all losses (actual damage and lost profits (Article 15 of the Civil Code of the Russian Federation).

Consequences of the impossibility of fulfilling the contract for the provision of services

During the period of existence of the obligation to provide services for compensation, it may happen that its fulfillment becomes impossible. This may happen:

Due to the fault of the customer;
Due to the fault of the performer;
Due to the occurrence of a circumstance for which neither party is responsible.

1. At fault customer in the impossibility of performance, he must pay for the services in full (clause 2 of article 781 of the Civil Code of the Russian Federation). Other rules may be established by law or contract.

2. At fault performer in the impossibility of fulfilling the obligation, he is held liable (payment of a penalty, compensation for losses). If the relationship is also regulated by consumer protection legislation, then the sanctions provided for by this legislation are also applied. The fault of the contractor may consist, for example, in the fact that he lost the documents transferred to him by the customer, which are necessary for the provision of audit services.

3. If none of the parties is responsible for the impossibility of performance(it arose by chance), then the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract (clause 3 of article 781 of the Civil Code of the Russian Federation).