Sample service agreement. Contract for paid services: additional agreement. Provision of transportation services

01.05.2019 Society and culture

What is a service agreement in 2016? What are the legal aspects of this document? How does the law distribute rights and responsibilities between the parties to the agreement? Read about all this in our article.

A contract for the provision of services is an agreement under which the contractor undertakes obligations to provide certain services, and the customer undertakes to make timely and full payment for their implementation. The contract for the provision of services, just like personal character, that is, its execution is the direct responsibility of the person who assumed the obligations under this agreement. Both individuals and legal entities can act as the customer and performer under a service agreement.

Subject of the agreement paid provision services is an action of an intangible nature. A contract for a household service, which is performed immediately in the presence of the customer, can be drawn up in the form of a cash receipt or invoice. If a document confirming the completion of a service is lost, it can be restored through a personal application from the consumer upon presentation of an identification document.

Note that Russian legislation provides for the possibility.

The 2016 service agreement is governed by the Civil Code of the Russian Federation, the terms of execution are determined by agreement of the two parties. In addition, Russian legislation provides for certain types of services (for example, postal, transport), the procedure for the execution of which is determined by special legal acts.

A contract for the provision of services is similar to a contract for the performance of any work, however, unlike a contract, the agreement does not produce a material result. For example, the activities of a realtor aimed at finding real estate for a specific client are carried out under an agency agreement for the provision of services, and any repair and construction work is carried out under a contract agreement.

Sample agency agreement for the provision of services can be downloaded here

The cost of the services provided is determined by agreement of the parties, but at the same time, the price for the service cannot be higher than that established by government agencies. In the event of termination of the contract for the provision of services, the customer is returned the amount of money, taking into account the reduction in the price for the service provided, established in accordance with clause 3 of Article 24 of the Federal Law of 02/07/1992 No. 2300-1.

The person who has assumed the obligations to fulfill the agreement does not have the right to carry out any additional work with the collection of additional payments. The customer, in turn, has the right to refuse to perform such services.

Service Agreement 2016: essential terms

A contract for the provision of paid services, as a rule, has several essential conditions for execution:

The subject of the contract is an extremely clear description of the service to be provided by the contractor.
Clear start and finish dates for work specified in the contract
Place of performance of the service.
Requirements for the quality of services provided under the contract.
Customer payment schedule.
Responsibility of each of the parties to the agreement for failure to fulfill their obligations (amount of penalty in case of violation of payment terms, etc.).

In addition, the contract may contain conditions for making an advance payment in full or in part, as well as the right of the contractor to involve third parties in the performance of services.

A service agreement between individuals or legal entities may also be accompanied by accompanying documents:

act of delivery and acceptance of completed work performed under the agreement;
reporting documentation of the contractor, including expenses incurred;
additional agreement.

Contract for paid services: additional agreement

During the execution of an agreement for the provision of services, there is often a need to change any of the terms of the contract or agree on a new, previously unspecified condition (changing payment terms, introducing prepayment conditions, changing the amount of the penalty, extending the terms of the contract, the procedure for resolving disagreements, etc. .). To do this, an additional agreement to the service contract can be drawn up between the customer and the contractor.

As a rule, the need for an additional agreement may arise when concluding a contract for the provision of services for a long term (for example, with a student studying at a university on a paid basis).

Let us note that in the additional agreement it is very important to have the number and date of the main agreement, as well as the number of the previously drawn up additional agreement, if it has already been drawn up. Also, this document must contain the personal signature of all participants.

Rights and obligations of participants in a contract for the provision of household services

The rights and obligations of the parties determined by the contract for the provision of services of a domestic nature are regulated by the articles of the Law "".

Consumer rights and obligations

When concluding a contract, the customer assumes the obligation to make timely payment for work completed in full after its acceptance. At the initiative of the consumer and the agreement of both parties, the service can be paid for upon conclusion of the contract by making an advance payment or in full. In case of violation of any clauses of the contract, the customer has the right to.

Rights and obligations of the performer

A participant in a service contract, acting as a performer, has the right to refuse to perform the work and terminate the contract unilaterally if the customer, within a certain period of time, takes measures to eliminate the circumstances that have arisen that impede the performance of the service at the proper level (low-quality material will not be replaced, will change the conditions for the execution of work upon timely and reasonable notification by the contractor). IN in this case the contractor has the right to demand full compensation from the customer for losses incurred.

A number of responsibilities that the contractor bears when concluding a service agreement include:

Ensure the safety and proper use of material assets provided by the customer to perform the service.
Promptly provide information to the customer about the unsuitability of the material provided by the consumer to perform the work.

The Contractor is released from liability for the complete or partial loss of material accepted from the customer if the latter was promptly warned about its special properties, which could lead to loss/damage to the material.

Provide a full report on the consumption of materials with the return of remaining balances.

In case of partial or complete loss of the material provided by the customer, the contractor is obliged to replace it with an equivalent one within 3 days or compensate for the damage in double amount.

The Contractor is responsible under the service agreement for:

timely provision of information to the customer about unexpected circumstances that impede the completion of work within the period established by the contract;
timely provision of information to the customer about circumstances that depend on the customer and prevent the completion of work within the period established by the contract and affect the level of quality of work;
defects in the service performed with an unspecified warranty period, if the customer provides evidence that such defects occurred before he accepted the work;
defects in the service provided with a specified warranty period, unless the contractor can prove their occurrence as a result of a violation of the rules for using the result of the service provided by the customer or the occurrence of force majeure.

Claim under a service agreement

A claim under a service agreement is a document containing an appeal by one party to the other due to improper execution of the agreement. The claim serves as a tool for resolving disputes out of court between the customer and the contractor. The procedure for filing a claim is determined by Federal legislation.

In case of direct appeal of the parties to the judicial authorities without pre-trial settlement of the conflict, the court may reject it.

The form for drawing up a claim under a service agreement is derivative in nature, and its text must contain such main points as:

clearly defined requirements;
amount of claim (debt and penalty);
the period for consideration of the claim;
obligations that were violated.

A claim under a service agreement can be raised by both the customer and the contractor. The document is drawn up in two copies with copies and extracts of documents confirming the violation.

The contractor, on the one hand, and the customer, on the other, have entered into this agreement for the provision of services.

AGREEMENT
for the provision of services

Moscow "___"__________ ___

Limited Liability Company "______________", hereinafter referred to as the "Contractor", represented by Director _________________________, acting on the basis of the Charter, on the one hand, and _____________________________________________, hereinafter referred to as the "Customer", on the other hand, collectively referred to as the "Parties", concluded this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide the Customer with services for __________________________.
1.2. The Customer undertakes to pay for the Contractor’s services in the manner, within the terms and on the conditions specified in this Agreement.
1.3. The types of services provided, the procedure and other conditions for provision are determined by the Parties in Appendix No. 1 to this Agreement, which is an integral part thereof.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The performer is obliged:
2.1.1. Provide the services specified in Appendix No. 1 to this Agreement in full and within the time frame agreed by the Parties.
2.1.2. Provide the Customer with information on the progress of execution of this Agreement upon the relevant requests of the Customer.
2.1.3. Maintain the confidentiality of the information provided by the Customer in accordance with Section 5 of this Agreement.
2.2. The performer has the right:
2.2.1. Request from the Customer the necessary information and documents, make copies of the documents provided by the Customer in order to fulfill the obligations under this Agreement.
2.2.2. Require the Customer to provide the necessary conditions for the provision of services under this Agreement.
2.2.3. Suspend the provision of services under this Agreement if the Customer violates the terms of payment for services before receipt Money to the Contractor's bank account, as well as in the event of failure by the Customer to fulfill the obligation to provide conditions for the provision of services.
2.3. The customer is obliged:
2.3.1. Provide the Contractor with the necessary conditions for the provision of services.
2.3.2. Provide the Contractor with the information, documents, powers necessary for him to fulfill his obligations under this Agreement, in accordance with written and oral requests from the authorized representatives of the Contractor.
2.3.3. Pay for the Contractor's services in the manner, within the terms and in the amount established by this Agreement.
2.4. The customer has the right:
2.4.1. Require the Contractor to provide information on the progress of execution of the Agreement.

3. CONTRACT PRICE AND PAYMENT PROCEDURE

3.1. The price of services provided by the Contractor under this Agreement is _______________________
3.2. Payment for the cost of the Contractor's services is made by the Customer within ____________ days from the date of signing by the Parties of this Agreement.
3.3. Payment is made by the Customer by transferring funds to the Contractor's bank account using the details specified in Section 10 of this Agreement or by depositing funds into the Contractor's cash desk.

4. PROCEDURE AND TERMS FOR PROVIDING SERVICES

4.1. The Contractor begins to provide services under this Agreement no later than __________ days from the date of signing this Agreement.
4.2. If by the time specified in clause 4.1 of this Agreement, the Customer has not provided all the necessary conditions for the Contractor to provide services under this Agreement, the Contractor has the right to suspend the provision of services until the Customer fulfills this obligation.
4.3. No later than ___________ days from the end of the calendar month, the Contractor draws up and submits to the Customer a Certificate of Services Rendered in two copies.
Within _____________ days from the date of receipt of the Certificate of Services Rendered, the Customer is obliged to review it and, if there are no comments on the services provided, sign it.
4.4. If the services under this Agreement are provided by the Contractor with deviations from the terms of this Agreement or with other shortcomings, the Customer has the right, at his choice, to demand from the Contractor:
4.4.1. Free elimination of deficiencies within a reasonable time.
4.4.2. Reducing the price of services established by this Agreement.

5. PRIVACY

5.1. The Parties hereby confirm that the information they exchange in the framework of preparation, as well as in the process of execution of this Agreement, is confidential, being valuable for the Parties and not subject to disclosure.
5.2. From the moment this Agreement comes into force, the Parties undertake to keep secret any information and data received by each of the Parties as part of the implementation of this Agreement.
5.3. The obligation to maintain confidentiality does not affect cases of provision of information to authorities in the manner prescribed by law. Russian Federation.

6. VALIDITY DURATION, GROUNDS FOR CHANGE
AND TERMINATION OF THE AGREEMENT

6.1. This Agreement comes into force from the date of signing and is valid until the Parties fulfill their obligations under the Agreement.
6.2. The validity period of this Agreement may be extended by agreement of the Parties, drawn up in writing and signed by both Parties to this Agreement.
6.3. The provisions of this Agreement may be changed or supplemented only on the basis of an agreement drawn up in writing and signed by both Parties.
6.4. Early termination of this Agreement is permitted by mutual written agreement of the Parties or in other cases established current legislation Russian Federation and this Agreement.
6.5. The Customer has the right to refuse to fulfill the Agreement by notifying the Contractor about this at least _______ days before the date of termination and paying the Contractor the cost of services in proportion to the period and volume of services provided by the Contractor.
6.6. The Contractor has the right to refuse to fulfill obligations under this Agreement by notifying the Customer at least ______ days before the date of termination, subject to full compensation for losses to the Customer.

7. RESPONSIBILITY OF THE PARTIES

7.1. If the Customer violates the deadline for payment for the Contractor's services established by clause 3.2 of this Agreement, the Contractor has the right to demand from the Customer payment of a penalty in the amount of ___% of the amount not paid on time.
7.2. The Contractor is not responsible for decisions made on the basis of the services provided by the Customer and their economic consequences (including possible losses).
7.3. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.
7.4. Force majeure circumstances include events that the Parties cannot influence and for the occurrence of which they are not responsible, such as natural disasters, fires, emergency social events (war, riots, etc.), government regulations or orders government agencies, making it impossible to fulfill the obligations of the Parties under this Agreement.

8. DISPUTE RESOLUTION PROCEDURE

8.1. All disputes and disagreements arising during the execution of this Agreement shall be resolved by the Parties through negotiations.
8.2. If the Parties do not come to an agreement on controversial issues, the disputes are referred to the court in the manner prescribed by the current legislation of the Russian Federation.

9. OTHER CONDITIONS

9.1. In matters not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9.2. This Agreement is concluded in two copies, one for each of the Parties.

Applications:
Appendix No. 1. List of services provided under this Agreement.

10. ADDRESSES AND DETAILS OF THE PARTIES

Performer: ______________________________________________
___________________________________________________________
___________________________________________________________

Customer: _________________________________________________
___________________________________________________________
___________________________________________________________

SIGNATURES OF THE PARTIES:

Executor: Customer:

Appendix No. 1
to the Service Agreement
N ____ from "___"______ ____

DESCRIPTION OF SERVICES
1.
2.
3.
4.
5.

SIGNATURES OF THE PARTIES:

Executor: Customer:

________________________ __________________________

Here you can view and download a service agreement template for 2017 in a format convenient for you. Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website.

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 contract for the provision of services for a fee is consensual, bilateral and for a fee.
The subjects of the contract for the provision of paid services 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 paid services. However, special rules are established for the provision of certain types of services. Thus, activities related to the provision of communication, auditing, medical and some other services are subject to mandatory licensing.

New sample 2017

SERVICE AGREEMENT

_________________ "___" __________ 20 __

________________________________

(name of organization or full name)

acting on the basis of _____________________________________________, hereinafter referred to as the “Customer”, and __________________________________,

(company name or full name)

acting on the basis of _____________________________________________,

(charter, regulations, power of attorney)

hereinafter referred to as the “Contractor”, have entered into this agreement as follows.

1. The Subject of the Agreement

1.1. Under the contract for the provision of paid services, the Contractor undertakes to provide the Customer with the services specified in clause 1.2 of this agreement, and the Customer undertakes to pay for the ordered services.

1.2. The Contractor undertakes to provide the following services:

__________________________________,

__________________________________.

hereinafter referred to as the “Services”.

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

1.4. Services are considered provided after signing the Certificate of Acceptance and Delivery of Services by the Customer or his authorized representative.

2. Rights and Obligations of the parties

2.1. The Contractor undertakes:

2.1.1. Provide Services of appropriate quality.

2.1.2. Provide Services in full and on time specified in clause 1.3. actual agreement.

2.1.3. At the Customer's request, correct all identified deficiencies free of charge within ____ days.

2.1.4. The contractor must perform the work personally.

2.2. The customer is obliged:

2.2.1. The Customer is obliged to pay for the work at the price specified in clause 3 of this agreement within _____ days from the date of signing the acceptance certificate for the Services.

2.3. The customer has the right:

2.3.1. At all times, check the progress and quality of the work performed by the Contractor, without interfering with his activities.

2.3.2. Refuse to perform the contract at any time before signing the act by paying the Contractor part of the established price in proportion to the part of the Services provided performed before receiving notice of the Customer’s refusal to perform the contract.

3. Contract price and payment procedure

3.1. The price of this agreement consists of remuneration to the Contractor in the amount of _________ (____________) rubles. And the amount of the Contractor’s costs in the amount of _________ (____________) rubles.

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

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

4. Responsibility of the parties

4.1. For violation of the term for the provision of Services specified in clause 1.3 of this agreement, the Contractor shall pay 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. Liability measures of the parties not provided for in this agreement are applied in accordance with the norms of civil legislation in force in the territory of Russia.

4.3. Payment of the penalty does not relieve the Contractor from fulfilling his obligations.
obligations or elimination of violations.

5. Dispute resolution procedure

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. The appendices to this agreement constitute its integral part.

6.2. 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.

Addresses, details and signatures of the parties.

Customer executive:

_____________________________ _______________________________

_____________/________________/ ________________/_______________/