Standard contract for the provision of services. 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) The contractor undertakes to provide services according to the instructions
Under contract paid provision 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).
The closest thing to this type of contract is a work contract. However, if in a work contract the subject of the contract is the material result of the work, then in a contract for the provision of paid services the subject is the services themselves.
Characteristics of the agreement: consensual, bilaterally binding, compensated.
Types of obligations to provide services differentiated by the nature of the service provider’s activities:
Medical;
Veterinary;
Consulting;
Auditing;
Informational;
For training and others.
The list of these services is not closed, but they do not include services provided under contracts specifically provided for by the remaining chapters of the Civil Code of the Russian Federation.
Peculiarities legal regulation paid services:
Provisions of Ch. 39 of the Civil Code, devoted to the regulation of paid services, do not apply to those services that are independently regulated by the Civil Code of the Russian Federation, in particular to commission agreements, orders, bank deposits, bank accounts, and settlement obligations;
It is permissible to apply general provisions on contracts and household contracts to the regulation of paid services, if this does not contradict Art. 779–782 of the Civil Code, as well as the peculiarities of the subject of the contract for the provision of paid services.
In addition to the Civil Code of the Russian Federation, the contracts we are considering are governed by the following legal acts:
Laws “On the Protection of Consumer Rights”, “On Certification of Products and Services”, “On government regulation foreign trade activities”, “On the privatization of state property”, “On the fundamentals of privatization municipal property in the Russian Federation”, etc.;
Decrees of the President of the Russian Federation “On the organization of operational statistical and information-analytical monitoring of the state of trade, markets for goods and services”, “On the single economic space of the RSFSR”;
Submission rules hotel services in the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 15, 1994;
Rules for the provision of services by local telephone networks, approved by decree of the Government of the Russian Federation of May 24, 1994;
Rules for the provision of paid medical services to the population medical institutions, approved by decree of the Government of the Russian Federation of January 13, 1996;
Rules for consumer services for the population, approved by the Decree of the Government of the Russian Federation of August 15, 1997.
Concept and types of transportation. Legal regulation.
Shipping(moving both cargo and vehicle)
Due to the obligation of carriage, the carrier undertakes to deliver the cargo or passenger to specified item destination, and the sender of the cargo, passenger or other person undertakes to pay the carriage charge
Transportation is divided into:
by type of transport:(railway; inland waterway; sea; road; air);
depending on the number of transport organizations involved in transportation: local (local transportation) 1 transport company participates in it; direct (transportation by 2 or more transport organizations using one type of transport).
Transportation carried out under one transport document(one waybill without re-registration of cargo en route) - direct; mixed transport (participation of several transport organizations related to various types transport).
transport expedition contract: sender - forwarder - transport organization
The forwarder enters into actual relations with the carrier(by proxy from the sender). The forwarder is not liable under the contract of carriage, but only under the contract. The legislator is faced with the task of developing a law on direct and mixed traffic. This law is mentioned in Art. 788 Civil Code.
The contract of carriage is mediated by several contracts. For each type of transport, other types of transportation can be distinguished: railway transport: (shipping route (railway condition of the railway route, consisting of the cargo of the 1st sender); wagon shipment (the entire wagon is loaded with the cargo of the first sender); small shipment (cargo of different senders is loaded into 1 wagon);
River, road transport, container shipment (small consignment; carried out from the shipper's warehouse).
Sea: (overseas communication; domestic communication (cabatage: maybe - large (points of departure and destination are in different seas; - small (in! sea);
On road transport: (urban (within the city limits); suburban (from the city limits within 50 km); intercity; international).
Air transport (if the planned landing is made in another state, even if the points of departure and destination are in the same state). Transportation is divided into: passenger (without luggage or with luggage); freight.
Contract for paid services. Under a contract for the provision of services for a fee, the contractor undertakes to provide services on the instructions of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
The rules of Chapter 39 of the Civil Code apply to contracts for the provision of communication services, medical, veterinary, auditing, consulting, information services, training services, tourism services and others, with the exception of services provided under contracts provided for in Chapters 37, 38, 40, 41, 44, 45, 46, 47, 49, 51, 53 of the Civil Code.
Unless otherwise provided by the contract for the provision of paid services, the contractor is obliged to provide the services personally.
The customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
In case of impossibility of performance due to the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of paid services.
In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of paid services.
The customer has the right to refuse to fulfill the contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him.
The Contractor has the right to refuse to fulfill obligations under the contract for the provision of paid services only if the customer is fully compensated for losses.
General provisions on contracts (Articles 702 - 729 of the Civil Code) and provisions on domestic contracts (Articles 730 - 739 of the Civil Code) apply to an agreement for the provision of services for a fee, unless this contradicts Articles 779 - 782 of the Civil Code, as well as the specifics of the subject of the agreement for the provision of services for a fee.
Limited Liability Company "Phantom", hereinafter referred to as the "Customer", represented by Director Nikolay Aleksandrovich Verevkin, acting on the basis of the Charter, on the one hand, and Individual Entrepreneur A. V. Fedichkin, hereinafter referred to as the "Contractor", represented by Andrey Vladimirovich Fedichkin , acting on the basis of the Certificate, on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes on our own provide services for participation in production process, management and performance of other functions at the Customer’s request, on the territory of the Customer’s enterprise located at the address: Moscow, st. Olkhovskaya, 11.
1.2. The Customer undertakes to make timely payments for services to the Contractor.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The performer has the right:
2.1.1. Gain access to internal local acts Customer, technical documentation, as well as to other sources of information regarding the security of the facility.
2.1.2. Has the right to change the price for the services provided, but no more than once during a calendar year.
2.2. The Contractor undertakes:
2.2.1. Within the agreed time frame, carry out the Customer’s instructions provided for in this agreement.
2.2.2. At the written request of the Customer, conduct an inspection of the facilities, followed by drawing up an act that reflects proposals for technical strength, use of technical means, type, required quantity posts and number of guards at the facility.
2.2.3. Provide, upon written requests from the Customer, consultation and preparation of recommendations on issues of ensuring the safety 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-fighting measures and provision of primary fire extinguishing equipment.
2.2.6. Activities specified in paragraphs 2.2.2; 2.2.3., carried out for an additional fee.
2.3. The customer has the right:
2.3.1. Make proposals 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 at the facility in certain places and carry out preventive fire safety measures.
2.4.4. Provide lighting to the enterprise area.
2.4.5. Require from your employees, as well as from clients, visitors and partners, compliance with fire safety measures on the territory of the enterprise.
2.4.6. Timely pay for the Contractor's services under this agreement.
2.4.7. Notify the Contractor in writing within 2 (Two) working days about the change of manager, as well as other persons responsible for contractual relations, with confirmation of their powers (orders, powers of attorney, instructions), change of details of the enterprise 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 three thousand nine hundred sixty) rubles 00 kopecks per month.
3.2. Payment for the Contractor's services is made by transfer Money to the Contractor's bank account in the following order:
— advance payment (prepayment) of at least 60% of the amount paid for the Contractor’s services for the previous month before the 05th day of the current month based on the invoice,
- final payment - by the 10th day of the month following the reporting month.
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. If there are any comments on the services provided, the Customer returns the report 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 according to the act without comments.
3.4. If the conditions determining the cost of services change, the Contractor notifies the Customer in writing 10 days in advance and provides a new calculation for consideration by the Customer.
An agreement on changes in the cost of services is drawn up by signing by the Parties to the Agreement additional agreement to the Agreement without re-registration of the Agreement.
3.5. In case of failure to receive funds to the Contractor's current 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 expected suspension of the provision of services.
3.6. In case of failure to repay the debt for payment for the Contractor's services within one month from the date of suspension of this Agreement, the Contractor has the right to unilaterally terminate the Contract without additional warning to the Customer.
3.7. The day the Customer fulfills its obligations to pay for the Contractor’s services is considered the day the funds are received into the latter’s current account.
4. RESPONSIBILITY OF THE PARTIES
4.1. For failure to fulfill 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 personnel services, a penalty of 0.1% of the debt amount is incurred. The accrual of penalties is based on the sending of a written claim by the Contractor to the Customer and the Customer’s written confirmation of its acceptance. Penalties are calculated from the date of written confirmation of acceptance of the claim by the Customer.
4.3 In case of improper fulfillment or non-fulfillment of the terms of this agreement, the Contractor shall be financially liable for damage caused to the Customer.
4.4. The facts of causing damage are established by the bodies of inquiry, investigation, and court in the manner prescribed by current legislation.
The guilt of the Contractor is established by a bilateral commission consisting of representatives of the Customer and the Contractor; in the event of disputes regarding the guilt of the Contractor that cannot be resolved by the said commission, the dispute is referred to the court.
The amount of damage is confirmed by 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 is subject to compensation.
Compensation for damage is made after the drawing up of a bilateral act, or a verdict, decision, ruling or court order that has entered into legal force.
4.5. The amount of damage not disputed by the parties is reimbursed within 30 days after the Customer provides the Contractor with the full package of required documents.
4.6. The performer is exempt from financial liability:
— for damage caused due to the fault of the Customer’s employees during their performance labor responsibilities;
— for 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 entry into the Customer’s premises;
- for damage caused by fire, fire, explosion, riots, or other natural disasters.
5. ACTS 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 a consequence 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 failed to fulfill the obligation in whole or in part could neither foresee nor prevented by reasonable methods.
In this case, the fulfillment of obligations under the contract is postponed for the duration of force majeure circumstances.
5.2. Upon the occurrence of those specified in clause 5.1. circumstances, the party for whom it is impossible to fulfill its obligations under this agreement must, in the shortest possible time notify the other party about them in writing, attaching relevant evidence, but in any case no later than 10 days after they began.
6. PRIVACY
6.1. The terms of this agreement and agreements (protocols, etc.) thereto are confidential and not subject to disclosure.
6.2. All parties accept 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 comes into force from 09.00 on “01” June 20__. and is valid for 1 (one) year.
7.2. The terms of the agreement and its annexes may be changed by agreement of the parties. Changes and additions made are reviewed 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 party has the right to terminate this Agreement at any time and shall provide the other party with 30 (thirty) days written notice of its intention to terminate the agreement. During this period, the parties fulfill their obligations under this Agreement.
7.4. If 15 days before the expiration of this Agreement the parties did not notify in writing of the termination of this Agreement, then it is considered extended for each subsequent calendar year on the same conditions. In accordance with the procedure established by this paragraph, this Agreement may be extended an unlimited number of times.
7.5. All disputes between the parties under this agreement and in connection with it, on which the parties cannot reach mutual agreement, shall be resolved in the Arbitration Court of the Moscow Region.
7.6. This Agreement is drawn up in two copies, each of which has equal legal force, one for each side.
8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
________________________
________________________
Agreement No. TN ____
paid provision of construction/technical supervision services
Moscow "____" _______ 20__
Hereinafter referred to as the “Customer”, on the one hand, and
Joint Stock Company "VK Comfort", hereinafter referred to as the "Contractor", acting on the basis of the Charter, on the other hand, hereinafter collectively referred to as the "Parties", have entered into this Agreement (hereinafter referred to as the "Agreement") as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes, on the Customer’s instructions, to provide construction/technical supervision services (hereinafter referred to as services) during repair, finishing and other work (hereinafter referred to as work) in the Customer’s premises with a total area of _______, located at the address: _______________________, (hereinafter referred to as the “Facility”) , and the Customer pays for the services provided, within the time limits and in the manner specified in this Agreement.
1.2. When providing services, the Contractor is guided by this Agreement, the current legislation of the Russian Federation, building codes and regulations, technical regulations and other regulations.
2. SERVICE TERM
2.1. The Contractor provides technical supervision services from the date of signing the Certificate of Admission to Repair and Finishing Work, and then in accordance with the repair assignment approved by the Customer.
2.2. Based on a written application from the Customer, in the event of a contractor’s suspension of repair, finishing and other work, the Parties shall suspend this Agreement for the period of their suspension, and the Parties shall sign a Certificate of Suspension of the Agreement. The validity period of this Agreement is renewed based on the Customer’s application after the contractor resumes work.
2.3 . The date of completion of services under this Agreement is the date of completion of Contract work at the Facility.
3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
3.1. The customer undertakes:
3.1.1. Make payment for the work performed by the Contractor in the manner and within the time limits provided for in Section 5 of this Agreement.
3.1.2. Give the performer all necessary documentation to carry out the work specified in clause 2.1.
3.1.4. Organize the Contractor's access to the Facility in the presence of the Customer or his legal representative.
3.1.5. Provide the Facility with standard fire extinguishing means for the duration of the work, with the organization of a fire post, using an individual fire hose powered from cold water supply, as well as portable factory-made fire extinguishers.
3.1.6. Accept the services provided according to the acceptance certificate for the services provided.
3.2. The customer has the right:
3.2.1. Require the Contractor to provide written reports on the results of technical supervision.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The Contractor undertakes:
4.1.1. Provide technical supervision services in the following scope:
Check the quality of the work performed under the Contract, structures, products and equipment used for compliance with the requirements of regulatory and technical documentation, as well as those established in Russian Federation state standards and rules, including checking the availability of documents certifying their quality;
Endorsement of acts of acceptance of work performed (form KS-2) presented to the Customer under the Contract Agreement by affixing the signature of an authorized person on each copy and thereby confirming the volume and quality of the contract work performed, their compliance with the design and estimate documentation and the terms of the Contract Agreement , correspondence executive documentation presented to the Customer, the requirements of regulatory and technical documentation;
Monitor the correctness of the contractor's and suppliers' incoming inspection of building materials, structures, products and other resulting products used in work at the Facility, as well as ensure the prevention of the use of products that have not passed the incoming inspection for work at the Facility;
Constantly monitor the quality of work taking into account the stages being performed within the framework of the Contract;
Monitor the timely and correct maintenance of general and special work logs under the Contract Agreement;
Record the results of construction/technical supervision of work at the Site in work logs, which indicate permitted deviations from project documentation and current regulatory documents, ensure correction of deviations;
Immediately inform the Customer about the need to suspend work under the Contract in cases of unsuitability or poor quality of the materials used, equipment, violation of the work production technology, as well as other circumstances that threaten the safety or quality of the work, or make it impossible to complete the work on time;
Timely inform the Customer about all violations identified during construction/technical supervision of work at the Facility (including detection of deviations from the project, use of materials and performance of work, the quality of which does not meet the requirements of technical documentation, GOST and SNiP);
Participate in production meetings, inspections and other activities related to construction / technical supervision held by the Customer;
Monitor the availability and correctness of execution documentation under the Contract Agreement;
If necessary, make proposals to change design documentation, completion dates for certain types of work or stages of construction (repair) under the Contract Agreement;
Participate in the work of the working acceptance committee;
Participate in inspections conducted by state construction supervision authorities, other inspections and commissions authorized for such inspections;
ensure inspection of hidden work and drawing up relevant reports.
4.1.2. Provide the Customer with copies of the Contractor's Instructions, which indicate:
What deviations from the project, defects, violations technical specifications, building codes, work rules at the site were discovered;
Specific requirements aimed at eliminating these deviations, indicating the time frame for their elimination.
4.1.3. As construction work progresses, the contractor must sign the following Certificates of Completion of Work, in accordance with the project, SNiP, and technologies:
- incoming inspection of building materials (certificates for the material used);
- flooring (executive diagram with references to the main structures + certificates for the materials used + Certificate of inspection of the installation of potential equalization in “wet areas” (for heated floors);
- installation of partitions (certificates for materials used);
- installation of a water supply system (certificates for the materials used with the attachment of Acts on hydraulic and pneumatic tests + as-built diagram with references to the main structures);
- installation of sewerage system (certificates for the materials used with the attachment of Certificates of testing by spillage + as-built diagram with references to the main structures);
- installation of electrical cables (executive diagram with references to the main structures + certificates for the materials used);
- installation of heating system (if this type of work is available, certificates, passports, invoices for the materials used with the attachment of Hydraulic Acts + as-built diagram with references to the main structures);
Certificates of completed work:
Waterproofing device;
Floor installation;
Installation of partitions;
Installation of a water supply system;
Installation of sewerage system;
Installation of electrical cables;
Heating system installation;
4.2. The performer has the right:
4.2.1. Involve third parties in fulfilling their obligations under the Agreement.
4.2.2. Independently determine the procedure for fulfilling your obligations.
4.2.3. Require the Customer to pay for services provided in accordance with this Agreement.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. The cost of the Contractor's services is calculated based on 200 (two hundred) rub. for 1 sq. meter of total area, and amounts to ______________________________________________.
5.2. The Customer pays for the services under this Agreement with an advance payment in the amount of 100% of the cost of services provided for in clause 5.1. Agreement within 3 banking days from the date of signing this Agreement.
5.3. Interest on the amount of prepayment (advance payment) is not accrued and is not payable.
5.4. Settlements under the Agreement are made non-cash by payment orders.
5.5. The Customer's obligation to pay is considered fulfilled at the moment the funds are credited to the Contractor's bank account.
5.6. The cost of services established in clause 5.1. is fixed and can only be changed in cases provided for by the legislation of the Russian Federation.
6. DELIVERY AND ACCEPTANCE OF SERVICES PROVIDED
6.1. The Customer must accept the services provided and sign the Certificate of Acceptance of Services Rendered within 3 working days from the date of receipt of it from the Contractor. In case of refusal to sign it, a reasoned refusal is drawn up.
6.2. If the Certificate of Delivery and Acceptance of Services Rendered is not signed within the above period, as well as in the absence of a reasoned refusal within the same period, the Contractor makes an appropriate mark on the Certificate. In this case, the Contractor’s services are considered accepted by the Customer without any objections, and the Act drawn up by the Contractor unilaterally is a proper and sufficient basis for settlements under the Agreement.
7. RESPONSIBILITY OF THE PARTIES
7.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
7.2. The Contractor has the right not to begin fulfilling obligations under the Agreement or to suspend the provision of services in the event of a violation by the Customer of its obligations under this Agreement, notifying the Customer 7 (five) calendar days before the suspension of the provision of services.
8. TERM OF THE AGREEMENT AND TERMINATION PROCEDURE
8.1. The Agreement comes into effect from the date it is signed by the Parties and is valid until the Parties fully fulfill their obligations.
8.2. Termination of the Agreement is carried out by agreement of the Parties in established by law ok.
8.3. The Contractor has the right to refuse to execute this Agreement in the event of a three-time failure by the Contractor to comply with the Contractor's instructions regarding violations identified during repair, finishing and other work by the contractor, as well as in other cases provided for by current legislation, with a warning of this to the Customer 15 calendar days in advance.
9. OTHER CONDITIONS
9.1. In everything that is not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9.2. The Parties are released from partial or full fulfillment of obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Force majeure circumstances, in particular, will include the following events: earthquakes, floods, fires, explosions, soil subsidence and other natural phenomena, as well as prohibitive actions of government and local authorities authorities, strikes, military actions, state of emergency (special, military, etc.).
9.3. This Agreement is drawn up in two copies, one for each Party, having equal legal force.
9.4. Any changes and additions to this Agreement are valid only if they are in writing and signed by authorized representatives of both Parties. For the purposes of this Agreement, by written form the Parties understand both the preparation of a single document and the exchange of letters, telegrams, messages using fax communications, which allows identifying the sender and the date of departure.
10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
By virtue of Article 779 of the Civil Code, 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. The legislator considers the subject of the contract, that is, the type (list) of services, those specific actions that, by virtue of Art. 780 of the Civil Code of the Russian Federation, the contractor must perform for the customer. According to paragraph 1 of Article 781 of the Civil Code, the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract.
“The courts, partially satisfying the initial claims, proceeded from the fact that the plaintiff provided services under the contract, which is confirmed by bilateral work acceptance certificates. Since the services provided by the plaintiff were accepted by the defendant without comments or objections, the defendant has no grounds for non-payment for the accepted services” - Resolution Arbitration Court Moscow District dated December 1, 2014 N F05-13410/2014 in case N A41-53417/13
“In accordance with the terms of agreement No. 03-06/06-0534 dated October 27, 2006 (clauses 5.1.2, 5.1.3, 5.1.4), the defendant, as a lessor, undertook to carry out major repairs of the property, provide advisory and other assistance for the most effective use leased property, provide a qualified operator for the entire period of operation of the mobile power plant.
Evidence confirming the fulfillment of these obligations during the period stated in the claim was not presented" - Resolution of the Arbitration Court of the Moscow District dated October 31, 2014 N F05-7184/13 in case N A40-125364/12-157-1189
Article 780 of the Civil Code of the Russian Federation does not contain instructions as to whether it is necessary to draw up acceptance certificates to confirm the execution of a contract for the provision of paid services. The absence of an acceptance certificate does not in itself indicate that the services were not provided. The fact of provision of services may be confirmed by other evidence. (Resolution of the Federal Antimonopoly Service of the Moscow District dated April 17, 2013 in case No. A40-32464/12-55-301). After the provision of services, the act of their provision may not be signed, despite the fact that the contract provides for its execution. The fact of provision of services may be confirmed by other evidence. (Resolution of the Federal Antimonopoly Service of the Volga District dated June 28, 2012 in case No. A49-5634/2011).
The contractor does not have the right to legally force the customer to sign an acceptance certificate for the services provided, but can only demand payment for them, proving the fact of their provision (Resolution of the Federal Antimonopoly Service of the Moscow District of May 13, 2011 N KG-A41/3777-11 in case N A41-27081 /10). The current legislation does not provide unified form the act of acceptance and transfer of services performed, therefore the parties freely determine its content. The only restrictions are contained in Art. 9 Federal Law dated 06.12.2011 N 402-FZ “On Accounting” The acceptance and transfer certificate must contain all the necessary details, in particular the title of the document, the date of its preparation, the name of the organization on behalf of which the document was drawn up, the content of the business transaction, indicating the last name, first name, patronymics of the persons who signed the documents, personal signatures (Resolution of the Federal Antimonopoly Service of the Moscow District dated May 31, 2012 in case No. A40-97436/11-144-856).
Meanwhile, current legislature does not provide for the mandatory content of service acceptance certificates (Resolution of the Federal Antimonopoly Service of the Ural District dated July 19, 2010 N F09-5329/10-C3 in case N A60-3285/2010-C5). The acceptance and transfer certificate must contain a list of all works or actions performed by the contractor in order to provide services (Determination of the Supreme Arbitration Court of the Russian Federation dated 08/07/2009 N VAS-9587/09 in case N A31-4774/2008-20).
An acceptance certificate that does not contain a specific list of services provided by the contractor can be recognized as adequate evidence of the fact of their provision if it is signed by the customer without comments and taking into account the subject of the contract for paid services (Resolution of the Federal Antimonopoly Service of the Moscow District dated 02/06/2013 in case No. A40- 49151/12-159-445). The acceptance certificate is not adequate evidence of the provision of services if it does not meet the requirements stipulated in the contract (Resolution of the Federal Antimonopoly Service of the Moscow District dated 01.04.2010 N KG-A40/2201-10 in case N A40-80853/09-34-636) . The acceptance and transfer certificate should allow one to assess the proportionality of the cost of the services provided by the contractor to their volume and complexity. (Determination of the Supreme Arbitration Court of the Russian Federation dated July 8, 2009 No. VAS-8433/09 in case No. A40-63064/08-5-562). If acceptance certificates contain contradictions, they cannot confirm the provision of services. The acceptance certificate, which does not contain a reference to the contract, confirms the provision of services under this contract, if there is no evidence of the existence of other contractual relations between the parties for the provision of similar services (Resolution of the Federal Antimonopoly Service of the North-Western District dated 08/16/2010 in case No. A56-38965/2009 ).
The current legislation of the Russian Federation provides for many types of civil agreements.
Among such civil law agreements are: contract for paid services.
A contract for the provision of services is a bilateral legal agreement. According to a bilateral agreement, one party, called the contractor, undertakes to provide the second party - the customer - with a service on a paid basis. In other words, a contract for the provision of paid services presupposes mutually beneficial, voluntary, fruitful cooperation between two persons: the customer and the contractor.
Note that an agreement on the provision of paid services can be concluded both between individuals - citizens of the Russian Federation, and between legal entities- organizations.
Contract for paid services and the Civil Code of the Russian Federation
The contract for the provision of paid services is regulated by the Civil Code of the Russian Federation (Civil Code). The norms of conduct of the parties are prescribed in Chapter 39 of Art. 783 Civil Code. The Civil Code of the Russian Federation defines contracts for the provision of services for a fee as agreements according to which one party - the contractor - accepts obligations to provide a certain service for the other party - the customer, which guarantees subsequent payment for the result obtained.
The subject of the agreement is communication services, medical, veterinary, auditing, consulting, information services, training services, tourism services, etc.
Terms of the Paid Services Agreement
As a rule, contracts for paid services contain several standard clauses. Thus, contracts for the provision of paid services must clearly stipulate the deadlines for the completion of work and the provision of services by the contractor. Also, contracts for paid services must specify the mechanism for payment by the customer for work or services. In addition, contracts for the provision of paid services must indicate the location of the work.
In addition, contracts for the provision of paid services must contain a clause reflecting the subject of the contract.
If necessary, contracts for the provision of paid services should provide a list of specific actions that the contractor must perform. At the same time, it is important to avoid too vague or general wording in the text of the contract. If it is not clear what exactly the contractor needs to do, then the subject of the contract will be considered inconsistent.
Thus, an agreement for the provision of paid services must contain essential conditions, that is, such conditions without which the bilateral agreement cannot be considered valid.
Each separately drawn up agreement may contain three types of conditions:
mandatory;
additional;
random.
Mandatory conditions are: the subject of the transaction, the timing of execution and the amount of remuneration and the procedure for its payment.
Great importance is paid to the subject, that is, an accurate description of the work, place and deadline for its execution.
Additional conditions are negotiated individually and depend on the specifics of the service itself. Here the parties stipulate the quality of the work, the place and time of the work, the provision of the service, the participation of third parties in the process and many other nuances.
In addition, the document must indicate the rights and obligations of the parties, their liability in case of dishonest performance of their duties.
Taking into account the above, we can conclude that the contract for the provision of paid services must be drawn up as accurately as possible, that is, it must contain all the essential conditions. This will help avoid subsequent disputes between the customer and the contractor.
Obligations of the contractor under a contract for the provision of paid services
The provision of services for a fee under a contract for the provision of services for a fee implies a significant amount of responsibilities assigned to the contractor. Such obligations under a contract for the provision of paid services include the following.
Firstly, the contractor is obliged to provide the customer with complete and comprehensive information about himself (for example, statutory documents, data on current licenses, certificate of state registration, certificate of registration with the tax authorities, financial statements, actual address company office, etc.).
Secondly, the contractor is obliged to provide the service exactly within the terms specified in the contract. An exception to this rule may be cases when a delay in the provision of services occurs due to force majeure.
Thirdly, the performer, on the basis of Article 780 of the Civil Code of Russia, must provide his services under the contract for the provision of paid services in person. Moreover, if an agreement is reached with the customer, then part of the work can be entrusted to third parties.
Rights of the customer under a contract for paid services
Since the contract involves the provision of services for a fee, the customer is vested with significant rights. Such rights of the customer include the following rights.
Firstly, if there is a delay in the provision of services, the customer may require the contractor to pay a daily penalty in the amount of 3% of the cost of providing services.
Secondly, even if the contractor does his work under the contract for paid services properly and meets the deadline, the customer may refuse further cooperation on the following grounds:
Contracts for the provision of paid services are binding in terms of the provision of services or the performance of work from start to finish only for the contractor. Moreover, if the customer exercised this right and terminated the contract, then in this case the customer must nevertheless pay for the volume of services already provided. Please note that the customer is obliged to notify the contractor of his desire to refuse further cooperation and terminate the contract strictly in writing.
When a contract for paid services is considered fulfilled
The fact of fulfillment of the terms of the contract for the provision of paid services is recognized at the moment of signing the acceptance certificate.
Refusal by the customer of the services of the contractor under a contract for the provision of paid services
According to Article 782 of the Civil Code of Russia, the customer may, without explanation and unilaterally, inform the contractor of his refusal of services. The contract cannot contain any restrictions on this right. The only case when the customer cannot refuse the concluded transaction is when the work has already been done or the service has been provided, and the corresponding acceptance certificate for the work performed or services provided has been signed.
If the customer exercised his right and refused the services of the contractor, then the customer must:
firstly, notify the contractor about this in writing;
secondly, stop actually using the services.
The contractor, in turn, has the right to demand monetary compensation for work already performed or service provided.
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