Agreement for the provision of services: procedure and features of drafting

Essential terms of the service agreement

Under a contract for the provision of paid 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 paid services is concluded on:

• auditing services;
• information Services;
• consulting services;
• medical services;
• outstaffing services;
• training services (educational services);
• communication services;
• tourism services;
• legal services;

This list is not exhaustive.

The relations of the parties under a contract for the provision of paid services are regulated by Chapter 39 of the Civil Code of the Russian Federation. According to Article 783 of the Civil Code, general provisions on contracts (Articles 702 - 729 of the Civil Code) and provisions on household contracts (Articles 730 - 739 of the Civil Code) are applied to an agreement for the provision of services for a fee, unless this contradicts the special rules on this agreement (Articles 779 - 782 of the Civil Code) , as well as the peculiarities of the subject of the contract for the provision of paid services.

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 conditions for the provision of this type of service that must be included in the contract.

In some cases, an agreement for the provision of services for a fee is public, therefore the Law of the Russian Federation “On the Protection of Consumer Rights” is applied to the relations of the parties under such an agreement.

Below is a standard form of a service agreement. Of course, you need to understand that each contract is unique and its terms depend on the specifics of a number of conditions and the will of the parties. Nevertheless, there are conditions (they are called essential) that any contract for the provision of services must contain and without which the contract is considered not concluded. The essential terms of the contract for the provision of services 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.:

1. The subject of the contract for the provision of paid services (according to Articles 432, 703, 779 of the Civil Code of the Russian Federation) is specific services, therefore it should be clear from the contract what services will be provided.
2. Other conditions that are provided for in industry regulations (for example, Law of December 30, 2008 No. 307-FZ “On Auditing Activity”, Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation”, Law “On Education in RF”, etc.) or the parties consider significant (according to Article 432 of the Civil Code), i.e. such conditions under which, at the request of one of the parties, an agreement must be reached. Such conditions, as a rule, include conditions about who buys the necessary materials, the procedure for payment and acceptance of work, guarantees of the quality of work performed, expiration date, documents and accessories.

The price of the services provided is not an essential condition. If there is no such condition in the contract, the price is determined according to the rules of clause 3 of Art. 424 of the Civil Code (clause 54 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of 07/01/1996), i.e. at the price that, under comparable circumstances, would normally be charged for similar goods, work or services.

Other features of the service agreement

1. The agreement must be concluded in simple written form (clause 1 of Article 161 of the Civil Code).
2. The general provisions on contracts (Articles 702 - 729 of the Civil Code) and provisions on household contracts (Articles 730 - 739 of the Civil Code) apply to the contract, unless this contradicts the norms of Chapter. 39 of the Civil Code, as well as the specifics of the subject of the contract for the provision of paid services (Article 783 of the Civil Code).
3. If the customer is a citizen, then the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” also applies to the relations of the parties.
4. Because the:
   the result obtained from the service cannot be seen or touched;
5. the service itself is consumed at the time it is provided to the customer;
6. the service is considered provided after the signing of the acceptance certificate for the services provided;
7. for accounting and tax accounting purposes, it is necessary to prove the fact of provision of services,

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

To reflect services, the main documents are:

— contract for the provision of services;

— certificate of delivery and acceptance of services;

— invoice (invoice) of the service provider;

- payment documents.

Individual entrepreneur agreement with an individual

Civil contracts that an individual entrepreneur can conclude with a private citizen (and not with an individual entrepreneur, company, LLC, etc.) include two types of documents:

1. Work agreement.
2. Contract for paid services.

Sample contract agreement between individual entrepreneur and individual. face (word)

Despite the similar purpose of these documents (providing a certain service for a fee), there are several significant differences between them, which are presented in the table.

Thus, from a legal point of view, contracts for the provision of services and paid services differ significantly. At the same time, the parties cannot arbitrarily choose one or another type of agreement, since they are concluded depending on the specific types of activities carried out by a private citizen in favor of an individual entrepreneur.

These agreements are signed in cases where it is obvious that the citizen will not cooperate with the entrepreneur for a long period of time, and we are talking only about a one-time provision of a service for a fee. In this case, the document has a number of advantages compared to an employment contract:

• no need to create a work book;
• no need to make mandatory contributions for the employee;
• Vacations or sick leave are not paid.

That is, there is no employment relationship between the individual entrepreneur and the employee - we are simply talking about the provision of services within a certain period. The only downside is that the entrepreneur is obliged to pay tax, because he acts as an intermediary between the state and the employee , who, thanks to the individual entrepreneur, gets the opportunity to earn money. If a contract or service agreement is concluded with an LLC, such tax is not paid.

The contract must specify:

1. Information about the parties.
2. The cost of the work, and in what time frame it must be completed (including taking into account delays due to objective circumstances).
3. A clear description of the types of work, quality requirements, as well as the procedure for accepting the work (indicating the need to sign the relevant act).
4. Mutual obligations, guarantees and responsibility to each other and to the law.
5. The procedure for terminating the agreement and the procedure for resolving disputes in pre-trial proceedings.
6. Signatures of the parties, date and place of execution of the document.

A sample contract agreement with an individual entrepreneur is presented below.

A sample agreement between an individual and an individual entrepreneur on the provision of services for a fee is presented below.

Sample contract for the provision of services (word)

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 a contract?

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 Services are defined in the List of services provided (Appendix No. 1).

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

Procedure for delivery and acceptance of services

2.1. Upon provision of the Services, the Contractor submits to the Customer for signing the Acceptance Certificate for Services Rendered (Appendix No. 2) in two copies.

2.2. Within 7 days after receiving the Certificate of Acceptance and Delivery of Services Rendered, the Customer is obliged to sign it and send one copy to the Contractor, or, if there are deficiencies, 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 from the Customer.

2.4. Services are considered provided from the moment the Parties sign the Certificate of Acceptance and Delivery of Services Rendered.

Contract price and payment 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 Contractor begins to provide services (advance payment ), the remaining cost of the Services in the amount of _____ (__________) rubles, including VAT _____ (__________) rubles, the Customer pays within _____ days after the Parties sign the Acceptance Certificate for the services provided.

3.3. All payments under the Agreement are made by bank transfer by transferring funds to the settlement account specified by the Contractor. The Customer's payment obligations are considered fulfilled on the date of crediting funds to the correspondent account of the Contractor's bank.

What mistakes are made most often when formulating the calculation procedure?

Responsibility of the parties

4.1. For violation of the terms of provision of Services (clause 1.3 of the Agreement), the Customer has the right to demand from the Contractor payment of a penalty (penalty) in the amount of _____ percent of the cost of Services not provided on time for each day of delay.

4.2. For violation of payment terms (clause 3.2 of the Agreement), the Contractor has the right to demand from the Customer payment of a penalty (penalty) in the amount of _____% of the unpaid amount for each day of delay.

4.3. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for losses in the full amount in excess of the penalties provided for in the Agreement.

4.4. In all other cases of failure to fulfill obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

Settlement of disputes

5.1. Disagreements and disputes that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.

5.2. If it is impossible to resolve disputes through negotiations, the parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration to ___________________________________________________________________ (indicate the name and location of the court chosen by the parties to resolve disputes)

Final provisions

6.1. The agreement is valid for _____ from the date of its conclusion.

6.2. All changes and additions to the Agreement are valid if made in writing and signed by authorized representatives of the parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.

6.3. The Agreement may be terminated early by agreement of the Parties, or at the request of one of the Parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.

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. The appendices to this agreement constitute its integral part.

6.5. This agreement is drawn up in two copies in Russian. Both copies are identical and have the same strength. Each party has one copy of this agreement.

6.6. Attached to the agreement:

6.6.1. List of services provided

6.6.2. Service acceptance certificate

LEGAL ADDRESSES

Customer: ____________________________ (location address)

current account No. __________________________ in Bank _______________

Contractor: _______________________________ (location address)

current account No. __________________________ in Bank _______________

SIGNATURES OF THE PARTIES:

How to correctly draw up an acceptance certificate for services provided

Appendix No. 2 to the Compensatory Services Agreement ___________ _____

Form

DDA is one of the types of civil law agreements.
It can be issued with both individuals and legal entities. The main point in such an agreement is the designation of conditions for fast and high-quality execution of work. The DDA can be compiled in 2 versions:

1. Orally, if the agreement is drawn up between individuals, the amount of which does not exceed 10,000 rubles.
2. In writing, if the contract amount is over 10,000 rubles, as well as for any contract value, if one party is a legal entity. face. It is not necessary to notarize the DDA (Article 161 of the Civil Code of the Russian Federation).

DVR has the following features:

• The agreement is drawn up on a voluntary basis.
• The executor of the contract agreement should not be included in the staffing schedule of an employee of the enterprise and is not obliged to comply with the operating hours of the enterprise.
• The enterprise does not issue an order on the employment of the performer, does not keep a report card of his appearance at work, and does not record the period of performance of work in his work book.
• Financial payments for work performed are transferred to the contractor on the basis of a formalized agreement, and not from the payroll.
• The main factor in such cooperation is the high-quality execution of work and timely delivery of the completed volume.
• The contractor does not have the right to the benefits inherent in the personnel of the enterprise; he is not accrued vacation pay, sick leave and other compensation payments established for employed persons.

How to draw up a contract for work in 2020?

DDA, today, is a fairly common phenomenon.
The agreement is drawn up in writing on the basis of the provisions of the Civil Code of the Russian Federation. An agreement with an individual can be filled out in any style, since there is no approved template established by law. However, such a document is drawn up in accordance with generally accepted rules for such agreements.

Below is an example of drawing up a DDA, the form and sample of which can be downloaded at the end of the article.

Filling out the agreement begins with the title of the document “Contract for Work”.

Below is the place and date of filling out the document.

Then the preamble is filled in, indicating the details of the parties, including:

For the customer:

• Names of the institution.
• INN/KPP.
• Legal address.
• r/s and k/s)
• FULL NAME. and the position of director or trustee of the enterprise.

For the performer:

• FULL NAME.
• Passport details.
• Place of residence.
• Contact details.

In the next section, fill out the section “Subject of the contract”, where a list of works is noted, with their detailed characteristics, as well as the address where they need to be performed.

An essential condition of the DDA is the completion date of the work, indicating the initial, intermediate and final period for the fulfillment of obligations. You can also indicate in the contract the deadline for acceptance of completed work; if this is not indicated, then the customer undertakes to accept the completed work immediately when it is ready.

The section “Price and payment procedure” indicates the cost of work, the method of payment for work performed, as well as possible measures taken by the Contractor if the Customer violates the terms of the settlement agreement.

The price of the agreement can be indicated according to a fixed or flexible estimate.

• A firm estimate is used when the initial data for the execution of work is known. Changes cannot be made to such an estimate.
• A flexible estimate is drawn up if it is impossible to accurately calculate the number of works and their volume.

The section “Obligations of the Parties” sets out the obligations of the parties to the transaction for the execution of the DDA.
If the DDA does not indicate the contractor’s obligations to carry out the work personally, then he has the right to involve subcontractors in the execution of the work. Responsibility for the timing and quality of work in this option rests with the general contractor.

The next section, “Responsibility of the Parties,” displays penalties imposed on parties that violate the terms of the agreement. Sanctions must be prescribed in accordance with the legislative norms of the Russian Federation.

The procedure for resolving disputes between the parties may also be spelled out here.

The Final Provisions section displays other information, including:

• Number of signed copies of the agreement
• The effective date of the agreement and other conditions.

Finally, fill out the section “Legal addresses and details of the parties.”

The printed DDA is signed by the parties to the agreement. If the customer is a legal entity. face, then the signature is sealed. Notarization of the document is not required. This completes the registration of the DDA and after signing it, the Contractor is obliged to immediately begin performing the work.

Certificate of acceptance of services provided

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, we have drawn up this Certificate of acceptance and delivery of services provided (hereinafter referred to as the Certificate) under the Agreement for paid provision of ___________ _____ (hereinafter referred to as the Agreement) on the following.

1. In pursuance of clause 1.1 of the Agreement, the Contractor, during the period from “__” _______ ___ to “__” _______ ___, fulfilled its obligations to provide services, namely, provided the Customer with the following services:
   ________________________________________
2. ________________________________________
3. ________________________________________
4. The above services were completed in full and on time. The customer has no complaints regarding the volume, quality and timing of the provision of services.
5. According to the Agreement, the total cost of services provided 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, including VAT ___% in the amount of _____ (__________) rubles.

6. This Act is drawn up in two copies, one each for the Contractor and the Customer.

service agreements

1. Outstaffing agreement (Word 2007 format ~ 19 Kb)
2. Service agreement (Word 2007 format ~ 15 Kb)
3. Agreement for the provision of legal services (Word 2007 format ~ 25 Kb)
4. Agreement for the provision of consulting services (Word 2007 format ~ 41 Kb)
5. Education Agreement for training in educational programs of preschool education (approved by Order of the Ministry of Education and Science of the Russian Federation dated January 13, 2014 No. (Word 2007 format ~ 36 Kb)
6. Agreement on education for training in educational programs of primary general, basic general and secondary general education (approved by Order of the Ministry of Education and Science of the Russian Federation dated December 9, 2013 No. 1315) (Word 2007 format ~ 25 Kb)
7. Education agreement for training in additional educational programs (approved by Order of the Ministry of Education and Science of the Russian Federation dated October 25, 2013 No. 1185) (Word 2007 format ~ 25 Kb)
8. Agreement for the provision of paid educational services in the field of vocational education (approved by Order of the Ministry of Education of Russia dated July 28, 2003 N 3177) (RTF format ~ 165 Kb).
9. Agreement on the provision of paid educational services by state and municipal educational institutions (approved by Order of the Ministry of Education of Russia dated July 10, 2003 N 2994) (RTF format ~ 166 Kb).
10. Agreement on the provision of paid educational services by non-state educational organizations (approved by Order of the Ministry of Education of Russia dated July 10, 2003 N 2994) (RTF format ~ 179 KB).
11. Agreement on the provision of paid educational services by an individual entrepreneur (approved by Order of the Ministry of Education of Russia dated July 10, 2003 N 2994) (RTF format ~ 137 KB).

Information posted on December 23, 2012. Added - 06/20/2013, 10/19/2013, 10/09/2014

ATTENTION!

Copying the article without providing a direct link is prohibited. Changes to the article are possible only with the permission of the author.

Author: lawyer and tax consultant Alexander Shmelev © 2001 — 2020

Types of agreement for the provision of services between legal entities

A legal entity has the right to enter into all types of contracts listed in the Civil Code of the Russian Federation, and others, taking into account the principle of freedom of contract. Such agreements can be of either a business nature (for example, agreements on the provision of audit services) or household ones. The Civil Code of the Russian Federation defines a list of types of contracts for the provision of paid services, all of which can be concluded between legal entities

.

In particular, based on the provisions of Art. 779 of the Civil Code, we can mention as an example contracts for the provision of services:

1. Connections Often, enterprises enter into contracts with operators to provide communications at corporate rates for their employees.
2. Medical. The law requires certain categories of employees to undergo regular medical examinations, for which the employer enters into an agreement with a medical organization.
3. Educational. Often, large enterprises enter into contracts with an educational institution for targeted training of students, paying for such services.
4. Auditing and consulting. Often, when companies pay for audit services, they also order advice on optimization of taxation and accounting.

However, according to Art. 779 of the Civil Code of the Russian Federation, other agreements for the provision of services between legal entities may be concluded.

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What is a standard service agreement?

The specificity is that the contractor undertakes to perform specific actions to achieve the final result on his own, unless the agreement stipulates the participation of a third party by agreement of the parties (Article 780 of the Civil Code of the Russian Federation).
There are two known forms of such an agreement: performance of work and provision of services. A contract for the performance of work ultimately implies a material result. A service agreement has some essential characteristics:

• The contractor may not present the final material result;
• The conclusion of an agreement occurs only between the two parties, unless agreed upon in advance;
• The parties may terminate the legal relationship if the initiator compensates the losses of the injured party.