Approximate form of the contract for the provision of services. Sample contract for the provision of services

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Contract for the provision of services

_________________________ "__" ______________ ____

(place of conclusion of the contract) (date of conclusion of the contract)

In the face of ___________________,

"Executor", on the one hand and

In the face of ____________________,

(full name legal entity) (full name, position)

acting on the basis of _______________________, hereinafter referred to as

(Charter, Regulations, Powers of Attorney)

The "Employer", on the other hand, and collectively referred to as the "Parties", have concluded

this agreement as follows:

1. The Subject of the Agreement

1.1. Under this Agreement, the Contractor undertakes, on the instructions of the Order-

chika to provide services __________________________________________________________,

(perform certain actions or carry out

specific activity)

and the Customer undertakes to pay for these services.

1.2. The contractor provides services personally.

1.3. The term for the provision of services is __________________.

2. Obligations of the Parties

2.1. The contractor is obliged:

2.1.1 provide the Customer with services in the manner and terms provided for

specified by this Agreement and of proper quality;

2.1.2 proceed to fulfill our obligations assumed by us-

the present Agreement no later than ______________________.

2.2. The customer is obliged to accept and pay for the

3. Quality of services provided

3.1. The criteria for the quality of the services provided by the Contractor are -

3.1.1 _________________________________________________________;

3.1.2 _________________________________________________________.

4. Responsibility of the Parties

4.1. The party that caused non-performance or improper performance

we accept our obligations to the other Party for losses, is obliged to compensate them.

5. Contract price and payment procedure

5.1. The cost of services under this Agreement is ____________

5.2. The customer pays for the services rendered to him by the Contractor

at the time of delivery and acceptance of the services rendered.

5.3. In case of impossibility of performance due to the fault of the Customer,

ka, services are payable in full.

5.4. 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 the actual costs incurred by him.

6. Final provisions

6.1. This Agreement shall enter into force upon its conclusion and

is valid until the full fulfillment of obligations by the Parties.

6.2. The customer has the right to refuse to execute this Agreement

subject to payment to the Contractor of the expenses actually incurred by him for

termination of the Agreement.

6.3. The contractor has the right to refuse to fulfill obligations under

this Agreement only subject to full compensation to the Customer for the loss

6.4. This Agreement is made in two authentic copies, according to

one for each Party.

6.5. In everything that is not provided for by this Agreement, the Parties shall

are governed by the current legislation.

7. Details and signatures of the Parties

Contractor Customer

________________________________ ________________________________

________________________________ ___________________________________

Contractor Customer

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in a person acting on the basis of , hereinafter referred to as " Customer”, on the one hand, and in a person acting on the basis of , hereinafter referred to as “ Executor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:
  1. According to this agreement, the Contractor undertakes, on the instructions of the Customer (Appendix No. 1), to provide the following services: and the Customer undertakes to pay for these services.
  2. The contractor undertakes to provide services personally.
  3. The cost of the services rendered is Rs.
  4. Services are paid in the following terms and in the following order: .
  5. In case of impossibility of performance due to the fault of the Customer, the services are subject to payment in full.
  6. 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.
  7. The customer has the right to refuse to execute this agreement, subject to payment to the Contractor of the expenses actually incurred by him.
  8. The Contractor has the right to refuse to execute this agreement, subject to full compensation to the Customer for losses.
  9. This agreement is subject to 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), if this does not contradict Articles 779-782 of the Civil Code, which regulate issues of paid services.
  10. Validity of this agreement:
    • start ""2019
    • end""2019
  11. The contract is made in 2 copies, one for each of the parties.
in a person acting on the basis of , hereinafter referred to as " Customer”, on the one hand, and in a person acting on the basis of , hereinafter referred to as “ Executor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:
  1. According to this agreement, the Contractor undertakes, on the instructions of the Customer (Appendix No. 1), to provide the following services: and the Customer undertakes to pay for these services.
  2. The contractor undertakes to provide services personally.
  3. The cost of the services rendered is Rs.
  4. Services are paid in the following terms and in the following order: .
  5. In case of impossibility of performance due to the fault of the Customer, the services are subject to payment in full.
  6. 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.
  7. The customer has the right to refuse to execute this agreement, subject to payment to the Contractor of the expenses actually incurred by him.
  8. The Contractor has the right to refuse to execute this agreement, subject to full compensation to the Customer for losses.
  9. 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 this agreement, unless this contradicts Articles 779-782 of the Civil Code, which regulate issues of paid services.
  10. Validity of this agreement:
    • start ""2019
    • end""2019
  11. The contract is made in 2 copies, one for each of the parties.

LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES

Customer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Executor Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account:

The service obligation is a legal relationship by virtue of which the contractor (service provider) undertakes to provide the customer (service guarantor) with a certain intangible (non-objective) benefit (benefit), and the customer undertakes to pay the contractor for his actions or activities containing this benefit. (Sample contract for the provision of services for a fee, as well as other contracts for the provision of services for a fee at the end of the page).

Similar articles:

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 ( paragraph 1 of Art. 779 Civil Code of the Russian Federation).

From the definition, the following conclusions can be drawn regarding the concept of the named contract. *

First of all, this agreement is consensual.

Secondly, since under the contract for the provision of services for a fee, both the contractor (service provider) and the customer (service recipient) acquire subjective rights and assume subjective obligations, then this contract is bilaterally binding (mutual).

Thirdly, this contract is linear, i.e. the fulfillment of the obligation to provide services for a fee is carried out by the parties personally, unless otherwise provided by the contract ( Art. 780 Civil Code of the Russian Federation). But this agreement can also be constructive, i.e. the fulfillment of an obligation may be assigned to a third party or the contract may be concluded in favor of a third party (this is especially common in tourist services, and in other obligations, where the service, in its own economic nature can only be provided to individuals).

Fourth, this contract is paid (price - usual condition contracts), i.e. norms ch. 39 The Civil Code of the Russian Federation regulates relations exclusively for the provision of paid services. Some authors, recognizing the existence of a gratuitous contract for the provision of services, conclude that this contract does not give rise to an obligation to provide services.**

CONTRACTPAYABLE PROVISION OF SERVICES

Hereinafter referred to as ___ "Customer", represented by __________, acting ___ on the basis of ____________, on the one hand, and ______________, hereinafter referred to as __ "Contractor", represented by ____________, acting ___ on the basis of ________, on the other hand, collectively referred to as the "Parties", and individually, the “Party”, have entered into this agreement (hereinafter referred to as the Agreement) as follows.

SUBJECT OF THE CONTRACT

1.1. The Contractor undertakes to provide the Customer with the services listed in Appendix No. 1 to the Agreement “List of Services Provided” (hereinafter referred to as the Services), and the Customer undertakes to pay for these Services.

1.2. Executor (choose one)

  • undertakes to provide the Services personally.
  • has the right to involve third parties in the provision of the Services without the prior consent of the Customer.

1.3. Timing provision of the Services are defined in the List of Services Provided (Appendix No. 1).

1.4. Services are provided ________________________ (location of the Party or facility in respect of which services are provided, other).

PROCEDURE OF PROVISION OF SERVICES

2.1. The quality of services and their results must comply with the following mandatory requirements: ______________________________________.

2.2. Directed email Contractor's request for information, documents, additional materials and (or) equipment Customer no later than ___ (_______) working days from the date of delivery of the message gives appropriate explanations, information, documents, materials and (or) equipment in the form specified by the Contractor in the request.

2.3. If the Customer provides documents, materials and (or) equipment The contractor is obliged to ensure their safety. The Contractor returns to the Customer the remaining materials and (or) equipment, taking into account normal wear and tear, with the Acceptance and Delivery Certificate for the Services Rendered or with the unilateral Acceptance and Delivery Certificate for the Services Rendered.

2.4. The Customer has the right to check the progress of the provision of services under the Agreement. For these purposes, the Customer:

  • requests relevant information orally or in writing, including by sending a message to the Contractor by e-mail. The Contractor, no later than __ (__________) working days, provides the Customer in oral or written form with a report on the progress of the provision of services;
  • exercises control for the provision of services. The Contractor is obliged to provide appropriate access to the Customer and not interfere with the control.

PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES

3.1. Upon the provision of the Services, the Contractor shall submit to the Customer for signing the Certificate of Acceptance and Delivery of the Services Rendered in two copies in the form agreed in Appendix No. 2.

3.2. Services are considered rendered from the moment the Parties sign the Certificate of Acceptance and Delivery of Services Rendered.

3.3. The act of rendering services is drawn up in accordance with the requirements of Art. nineFederal Law of 06.12.2011 N 402-FZ "On Accounting" to the execution of primary accounting documents.

3.4. Acceptance certificate services rendered The performer makes and signs in two copies and sends it to the Customer for signing no later than ______ (______) working days from the end of the term for the provision of services.

3.5. Within _____ (________) working days after receipt of the Certificate of acceptance and delivery of services rendered The customer must sign it and send one copy to the Contractor or, if there are deficiencies in the quality of the services provided and (or) as a result, provide the Contractor with a reasoned refusal to sign it.

3.6.In case of deficiencies as the services provided and (or) as a result of them Customer according to Art. 723 of the Civil Code of the Russian Federation entitled (choose one)

  • demand gratuitous eliminate The Contractor of such shortcomings within ______ (______) working days from the date of receipt of the relevant requirement of the Customer.
  • demand proportionate decrease the cost of the Contractor's services.
  • correct deficiencies on your own or by third parties and require the Contractor to reimburse the costs of elimination.

3.7.After correcting deficiencies The Contractor draws up a repeated Acceptance and Delivery Certificate for the services rendered, which is subject to review, signing and sending by the Customer in the prescribed manner.

3.8. In case of evasion or unmotivated refusal of the Customer from signing the Certificate of Acceptance and Delivery of Services Rendered by the Contractor after _______ (________) working days from the end of last day the period established for consideration, signing and sending this document, have the right to draw up a unilateral Acceptance Certificate for the Services Rendered.

The Contractor, no later than ____ (__________) business days from the date of drawing up a unilateral Acceptance Certificate for the services rendered, is obliged to send a copy of it to the Customer.

PRICE AND PAYMENT PROCEDURE

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

4.2. The Customer pays for the Services in the following order (select the one you need / it is possible to establish a different payment procedure)

  • before the beginning provision of Services by the Contractor (advance payment).
  • during _____ (__________) working days after the signing by the Parties of the Acceptance and Delivery Certificate for the Services rendered or from the moment of drawing up a unilateral Acceptance and Delivery Certificate for the Services rendered in cases stipulated by the Agreement.
  • part of the cost of the Services in the amount _____ (__________) 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 _____ (__________ ) rub., the Customer pays within _____ days after the Parties sign the Acceptance and Delivery Certificate for the Services rendered or from the moment the unilateral Acceptance and Delivery Certificate for the Services rendered is drawn up in cases stipulated by the Agreement.

4.3. Interest on the amount of payment under the Agreement are not accrued and are not paid.

4.4. All calculations under contract produced in cash by listing Money to the settlement account of the Contractor specified in the Agreement. The Customer's payment obligations are considered fulfilled as of the date the funds are credited to the correspondent account of the Contractor's bank.

RESPONSIBILITIES OF THE PARTIES

5.1. Behind violation of deadlines provision of Services(clause 1.3 of the Agreement) the Customer has the right to require the Contractor to pay a penalty (penalties) in the amount of _____ (__________) percent of the cost of Services not rendered on time for each day of delay.

5.2. Behind violation of payment deadlines(Clause 4.2 of the Agreement) The Contractor has the right to require the Customer to pay a penalty (penalties) in the amount of _____ (__________) percent of the unpaid amount for each day of delay.

5.3.Party that did not comply or improperly performed the obligations under the Agreement, obligated to reimburse the other Party damages caused by such violations.

5.4. In all other cases of non-fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.

FORCE MAJEURE (force majeure)

6.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement, if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: _____________________________ (prohibited actions of the authorities, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters).

6.2. In the event of these circumstances Party is obliged within _____ (__________) working days notify about it to the other Party.

6.3. Document issued by _________________________ (authorized state body, etc.), is sufficient evidence of the existence and duration of force majeure.

6.4. If force majeure circumstances continue to operate for more than _____, then each Party has the right to withdraw from the Agreement unilaterally.

TERM, AMENDMENT AND EARLY TERMINATION OF THE AGREEMENT

7.1. The contract is valid for _____ from the date of its conclusion.

7.2. All changes and additions to the Agreement are valid if made in writing and signed by both Parties. Relevant additional agreements Parties are an integral part of the Agreement.

7.3. 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 legislation of the Russian Federation.

DISPUTES RESOLUTION

8.1. All disputes related to the conclusion, interpretation, execution and termination of the Agreement, will be resolved by the Parties through negotiations.

8.2. In case of failure to reach an agreement during the negotiations, the interested Party sends a claim in writing, signed by an authorized person.

Claims can be submitted in any of the following ways:

  • by registered mail with acknowledgment of receipt;
  • courier delivery. In this case, the fact of receipt of the claim must be confirmed by a receipt, which must contain the name of the document and the date of its receipt, as well as the surname, initials, position and signature of the person who received this document.

Claim entails civil law consequences for the Party to which it was sent, from the moment of its delivery to the specified Party or its representative. Such consequences also arise in the case when the claim was not delivered to the addressee due to circumstances depending on him.

The claim is considered delivered if it:

  • received by the addressee, but due to circumstances depending on him, was not delivered or the addressee did not familiarize himself with it;
  • delivered to the address indicated in the Unified State Register of Legal Entities or named by the addressee himself, even if the latter is not located at such an address.

8.3. Documents must be attached to the claim. substantiating the claims made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of duly certified copies. If the claim is submitted without documents confirming the authority of the person who signed it, then it is considered unreported and is not subject to review.

8.4. Side to which the claim is directed, obliged to consider the received claim and notify the interested Party in writing of the results within ___ (_____) working days from the date of receipt of the claim.

8.5.In case of non-resolved disputes in the claim procedure, as well as in case of non-receipt of a response to the claim within the period specified in clause 8.4 of the Agreement, the dispute is referred to arbitration at the location of the defendant in accordance with the legislation of the Russian Federation.

FINAL PROVISIONS

9.1. Agreement enters into force from the moment of its signing by the Parties.

9.2. Unless otherwise provided by the Agreement, notices and other legally significant notices may be sent by the Parties by fax, e-mail or by any other method of communication, provided that it allows to reliably establish from whom the message originated and to whom it is addressed.

9.3. The contract is made in two copies, one for each of the Parties.

9.4. Attached to the Agreement:

  • List of rendered services (Appendix N 1);
  • The act of acceptance and delivery of services rendered (Appendix N 2);
  • ________________________________.

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 paid services agreement is consensual, bilateral and paid.

The subjects of the contract for the provision of services for a fee are the contractor (service provider) and the customer (service recipient). The Civil Code does not contain any special requirements for the subject composition of the obligation to provide services for a fee. However, special rules are established for the provision of certain types of services. Thus, activities for the provision of communication, audit, medical and some other services are subject to mandatory licensing.

AGREEMENT FOR PAID SERVICES

_________________ "___" __________ 20 __

Acting on the basis of _____________________________________________, hereinafter referred to as the "Customer", and __________________________________, acting on the basis of _____________________________________________, hereinafter referred to as the "Contractor", have concluded this agreement as follows.

1. The Subject of the Agreement

1.1. Under the contract for the provision of services for a fee, the Contractor undertakes, on the instructions of the Customer, to provide the services on a reimbursable basis specified in clause 1.2 of this contract, and the Customer undertakes to pay for these services.

1.2. The Contractor undertakes to provide the following services:

__________________________________,

__________________________________,

__________________________________.

hereinafter referred to as the "Services".

1.3. Deadline for completion of work from "__" ______ 20 __ to "__" ______ 20 _ The Contractor has the right to complete the work ahead of schedule.

1.4. Services are considered rendered after the signing of the act of acceptance and delivery of Services by the Customer or his authorized representative.

2. Rights and Obligations of the parties

2.1. The contractor is obliged:

2.1.1. Provide Services with proper quality.

2.1.2. Provide the Services in full within the period specified in clause 1.3. actual agreement.

2.1.3. Free of charge, at the request of the Customer, correct all identified deficiencies that worsened the quality of work within ____ days.

2.1.4. The contractor is obliged to perform the work personally.

2.2. The customer is obliged:

2.2.1. Pay for the work at the price specified in clause 3 of this agreement within _____ days from the date of signing the act of acceptance and delivery of the Services.

2.3. The customer has the right:

2.3.1. At any time, check the progress and quality of the work performed by the Contractor, without interfering with its activities.

2.3.2. Refuse to execute the contract at any time before signing the act by paying the Contractor a part of the set price in proportion to the part of the Services rendered performed prior to receiving notice of the Customer's refusal to perform the contract.

3. Contract price and settlement procedure

3.1. The price of this contract consists of:

3.1.1. Remuneration to the Contractor in the amount of _________ (____________) rubles.

3.1.2. The amounts of the Contractor's costs in the amount of _________ (____________) rubles. (sum

3.2. The price of this agreement is: _________________________ rub.

3.3. Payment by the Customer to the Contractor of the price of the contract is carried out by transferring funds to the settlement account of the Contractor specified in this contract.

4. Liability of the parties

4.1. For violation of the term for the provision of the Services specified in clause 1.3 of this agreement, the Contractor pays the Customer a fine in the amount of ___% of the contract amount and a penalty at the rate of ___% of the contract amount for each day of delay.

4.2. Measures of responsibility of the parties, not provided for in this agreement, are applied in accordance with the norms of civil law in force in the territory of Russia.

4.3. The payment of the penalty does not release the Contractor from the performance of
obligations or remedy violations.

5. Procedure for resolving disputes

5.1. Disputes and disagreements 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 in ________________ court.

6. Final provisions

6.1. 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.

6.2. 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.

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