Contract for the provision of services for payment on a monthly basis. Agreement for the mutual provision of services. Compensation of expenses - how their cost is reflected in the contract

The essential terms of the service agreement include the conditions that determine the specific type of service provided (clause 1 of article 779 of the Civil Code of the Russian Federation), i.e.:

  1. Subject of the contract paid provision services (according to Art. 432, 703, 779 of the Civil Code of the Russian Federation) are specific services, so it should be clear from the contract what services will be provided.
  2. Other conditions that are provided for in the industry regulations(for example, the Law of December 30, 2008 No. 307-FZ “On Auditing”, the Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism in the Russian Federation”, the Law “On Education in the Russian Federation”, etc.) or the parties consider significant (according to Article 432 of the Civil Code), i.e. such conditions under which, at the request of one of the parties, an agreement must be reached.

Contract for services

Civil Code, the provisions on the contract and household contract are applicable, in accordance with paragraph 1 of Art. 711 of the Civil Code, the contract may also provide for an advance payment, both in full and in part (Article 735 of the Civil Code). Prepayment is due before the service is rendered. For its introduction, a certain period is also set - for example, within 5 days after the signing of the contract.

The final settlement, as a rule, is made based on the results of the provision of services by the contractor. Compensation for expenses - how is their cost reflected in the contract? In the conditions on the procedure for settlements under a service agreement, a requirement to compensate the contractor's expenses may be displayed (clause 2 of article 709 of the Civil Code). Also, in contracts for the provision of services for a fee, the price may not be displayed - then the customer will have to pay for the services received at a comparable cost for a similar type of service (p.
3 art. 424 GK).

The procedure for settlements under the service agreement

Compensation of expenses - how are their costs reflected in the contract? In the conditions on the procedure for settlements under a service agreement, a requirement to compensate the contractor's expenses may be displayed (clause 2 of article 709 of the Civil Code). Also, in contracts for the provision of services for a fee, the price may not be displayed - then the customer will have to pay for the services received at a comparable cost for a similar type of service (p.
3 art. 424

GK). Therefore, in order to avoid misunderstandings in the future, it is recommended to immediately clearly state in the contract how, in what amount, the contractor's remuneration is paid and how his expenses are compensated by the customer (they are included in the price of the contract or paid extra later upon presentation of documents confirming the expenses). So, the contractor's expenses can be expressed as a percentage of the amount of remuneration, and can be calculated according to the estimate or in fact - in rubles.

Payment procedure in the service agreement

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 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 paragraph.
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 fulfillment of the non-obligations or the elimination of violations. five.

Rules and procedure for payment under a service agreement

For its introduction, a certain period is also set - for example, within 5 days after the signing of the contract. The final settlement, as a rule, is made based on the results of the provision of services by the contractor. functional properties software, he bears the risk of conforming the software to his desires and needs. The Contractor is not liable for any losses, damages, regardless of the reasons for its occurrence, (including, but not limited to, special, incidental or consequential damages, losses associated with lost profits, interruption of commercial or production activities, loss of business information, negligence, or any other damages) arising from the use or inability to use the software.

Price and settlements contract for the provision of services

Society with limited liability"IT-Expert" (LLC "IT-Expert"), hereinafter referred to as the "Contractor", represented by Director Murzin Alexey Nikolaevich, acting on the basis of the Charter, and (name of organization) hereinafter referred to as the "Customer", represented by (position, full name), collectively referred to as the “Parties”, and individually as the “Party”, have concluded this Agreement (hereinafter referred to as the “Agreement”) as follows:

  1. Subject of this Agreement

The Contractor undertakes to provide services for the implementation of software (CRM-systems), and the Customer undertakes to accept and pay for them. The stages and terms of joint (type) actions of the Contractor and the Customer are given in Appendix No. 1, which is an integral part of this Agreement.

Service Agreement

The Customer pays for the Services in the following order (choose the necessary one / it is possible to establish a different payment procedure) - before the Contractor begins to provide the Services (advance payment). — within days after the signing by the Parties of the Certificate of acceptance and delivery of the Services rendered. - part of the cost of the Services in the amount of () rubles, including VAT () rubles, the Customer pays before the start of the provision of services by the Contractor (advance payment), the remaining part of the cost of the Services in the amount of () rubles, including VAT () rubles ., The Customer pays within days after the signing by the Parties of the Certificate of acceptance and delivery of services rendered. 3.3. All settlements under the Agreement are made in a cashless manner by transferring funds to the settlement account specified by the Contractor. The Customer's payment obligations are considered to be fulfilled on the date the funds are credited to the correspondent account of the Contractor's bank. 4.

Contract for the provision of services

Types of remuneration under a service agreement As for the prescribed conditions for remuneration to the contractor for the services rendered, they can be different:

  • Payment of the agreed amount upon completion of the contract. The parties, as a rule, stipulate the term of payment - for example, within 3 days after signing the act on the provision of services.
  • Payment of remuneration and compensation of expenses of the contractor.


    They can be paid on the same day on the basis of an invoice issued by the contractor, or remuneration can be paid as a result of the performance of services, and compensation - in the course of the contract or later, after the provision of all supporting documents.

  • Prepayment - in one hundred percent or in some part (50%, 25% or a fixed amount). Due to the fact that the contracts for the provision of services, according to Art.

Standard contract for the provision of services

Attention

Contract for the provision of services They can be paid on the same day on the basis of an invoice issued by the contractor, or remuneration can be paid as a result of the performance of services, and compensation - in the course of the contract or later, after the provision of all supporting documents.

  • Prepayment - in one hundred percent or in some part (50%, 25% or a fixed amount). Due to the fact that, according to Article 783 of the Civil Code, the provisions on contracting and domestic contracting are applicable to contracts for the provision of services, in accordance with paragraph

1 st. 711 of the Civil Code, the contract may also provide for an advance payment, both in full and in part (Article 735 of the Civil Code). Prepayment is due before the service is rendered.

For example, payment for legal services cannot depend on the decision of the court as a result of the provision of such services. Thus, its subject matter belongs to the essential terms of the contract, and the legislator has not secured the achievement of a certain result for it. As a subject, the implementation of the ordered type of activity by the contractor is implied, for which remuneration must be paid. Based on the clarifications of the Constitutional Court, it can be concluded that the parties, when concluding an agreement on the provision of services for a fee, are free to choose the price, procedure and amount of payment, as well as the timing of performance.

Important

At the same time, the type of services provided, which is the subject of the contract, cannot be changed even by agreement of the parties. But the amount and timing of payment can vary even in the process of fulfilling the contract - by making changes on a bilateral basis.

received
fee 66%

Hello Dmitry!

Or should the payments be the same each month?

Monthly service charges may vary.

Payment under a service agreement is payment for the volume that was actually completed for a certain time (month).

Therefore, if you provide for the provision of a different scope of services in the contract, then the fee will be different. Only this needs to be reflected in the monthly act of providing services - if you draw up one under the terms of the contract.

Hello Dmitry!

The legislation does not provide for mandatory equal payments for certain periods. Everything is dispositive and depends solely on your agreement and on what conditions are specified in the specified contract.

Article 779

Article 781. Payment for services

1. The customer is obliged to pay for the services rendered to him on time and in order which are specified in the contract for the provision of services.

Or should the payments be the same each month?

Good evening.

Dmitry, the amounts may be different, depending on the amount of work performed, this condition should be reflected in the contract that payment is made according to the invoice on the basis of the certificate of completion (or something similar)

Article 779 of the Civil Code of the Russian Federation

1. 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 activity), and the customer undertakes to pay for these services.

Hello Dmitry!

According to paragraph 1 of Art. 424 of the Civil Code of the Russian Federation, the execution of the contract is paid at a price established by agreement of the parties. The law presumes that the price corresponds to the level of market prices (clause 1, article 40 of the Tax Code of the Russian Federation). The market price of a good (work, service) is the price established by the interaction of supply and demand on the market of identical (and in their absence, homogeneous) goods (work, services) in comparable economic (commercial) conditions (clause 4, article 40 of the Tax Code of the Russian Federation ).

Thus, in the contract for the provision of services, you can specify any market price that would suit both parties. Moreover, the price can be tied to the volume of services performed, and then payments can be different in different periods.

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received
fee 34%

Good afternoon.

In this case, you need to be guided by the terms of the contract. in which the parties agreed on the payment procedure.

If the monthly payments are not set at the same rate, but simply the total amount payable is indicated, the amounts of the monthly payments may vary.

The legislation does not contain such a prohibition.

But if for you this question principled, I recommend that you settle it by concluding an additional agreement to the contract.

Good afternoon!
Colleagues have already answered your question, I would like to supplement the answer in terms of options for working with a foreign counterparty.
Based on my experience in supporting my clients when working with foreign customers (mainly the USA, Canada, Cyprus, Great Britain, Australia, Germany, Switzerland, the Netherlands, Belgium, the Czech Republic and other EU countries, as well as China), control, as well as passing tax audits with their clients, I would like to note the following.
1. As part of building relationships with foreign counterparties, as a rule, 3 options are possible:
1.1. Work with the foreign company how individual. Here, the advantages are that you do not need to open an individual entrepreneur (although, to be honest, many people greatly overestimate how troublesome it is to work as an individual entrepreneur - there is nothing difficult either in opening it or in submitting reports).
When working as an individual, you will need to file a personal income tax return of 3 personal income tax by April 30 of the year following the reporting year and by July 15 of the year following the reporting year, pay tax at a personal income tax rate of 13%.
Another plus is that there are no fees. insurance premiums.
The downside here is that you need to pay tax at a rate of 13%, while an individual entrepreneur pays tax at a rate of 6% + if you work as an individual entrepreneur, then this is a completely official employment, which is well received by banks and is well suited for obtaining visas and etc. Income from 3 personal income tax is also official income, but not in all cases it can serve as a full-fledged confirmation of regular income.
Everyone here is also interested in the question - can I be held liable for illegal business activities if I work with a foreign company as an individual?
Purely formally, according to Art. 2 of the Civil Code of the Russian Federation, you have the obligation to register as an individual entrepreneur / open an LLC only if you have entered into an agreement not with one foreign company, but provide services various companies- in this case, you have a sign of the systematic provision of services (which is a sign of entrepreneurial activity) and as a result, there is an obligation to register as an individual entrepreneur. If the counterparty is only one company, you can safely work as an individual.
Speaking from the point of view of my personal practice, today, in general, the tax authorities do not object to situations where you have several customers, and you still report as an individual - it is important for them that you pay taxes. But this is on condition that you do not have such a large income, if the income for the year is in the millions - it is better, of course, to consider the option with an IP (as soon as your income becomes higher, then the responsibility becomes higher, at a certain level of income without registering an IP, it can theoretically threaten even criminal liability).
However, when working as an individual, there is one important point - if the amounts of receipts are large enough - there may be problems on the part of the bank, namely, there are risks of blocking an account / card under 115-FZ if you do not comply with the criteria of the Central Bank.
1.2. Work as an individual entrepreneur (or opening an LLC). The downside here is that not everyone wants to open an individual entrepreneur, although in general an individual entrepreneur has a number of advantages. The main plus is that instead of the personal income tax rate of 13%, you will pay only the simplified tax system of 6%, although with the proviso that you will still need to pay insurance premiums (For 2019, the fixed amount of insurance premiums is 36,238 rubles) + more insurance premiums of 1% from the amount of income exceeding 300 tr. - but they can be deducted from the tax if you do not have employees.
Let's compare, for example, how many payments to the budget will be separately if you work as an individual and separately if you work as an individual entrepreneur in a situation where you earned 1 million rubles in a year.
- for an individual - 13% of 1 million rubles. = 130,000 rubles.
- for individual entrepreneurs - 6% of 1 million rubles. = 60,000 rubles. + fixed insurance premiums 36238 rubles. + insurance premiums 1% of the amount of income exceeding 300 tr. - 1% from 700,000 rubles. (1 million rubles - 300,000 rubles) - 7,000 rubles. = 60,000 rubles. + 36238 rub. + 7000 rub. = 103238 rubles. However, the point is that an individual entrepreneur on the simplified tax system “income” can deduct the amount of insurance premiums from the tax amount (that is, deduct 36,238 rubles from 60,000 rubles) and in this case the tax will be: 23,762 (60,000 rubles - 36,238 rubles) + 36238 rub. + 7000 rub. (this part of the insurance premiums can also be deducted in fact, but here I do not take this deduction into account) = already 67,000 rubles.
That is, if your income is more or less good, then it is purely financially more profitable to open an individual entrepreneur (in our example, 67,000 rubles instead of 130,000 rubles), especially since in this case you will have a full confirmation of income, and even in this In this case, contributions are made to your pension, in contrast to the option with an individual.
The only other “cons” of an individual entrepreneur is that you need to open a bank account and go through currency control when receiving money under an agreement from a foreign company (this will be discussed later).
I also note that for individual entrepreneurs there is still an option to switch to the patent taxation system (especially important for developers who work for foreign companies). Here, I’ll really make a reservation that there are a number of nuances that must be observed in order to maintain the ability to apply PSN while working for a foreign company (there are certain requirements for drawing up a contract)
1.3. I will add that since 2019 for Moscow, the Moscow Region, the Republic of Tatarstan, the Kaluga Region (and in the future this will most likely be relevant for other regions as well) there is an opportunity to receive income and pay taxes as a self-employed citizen - in this case, the differences are that the tax rate is 4% when receiving income from individuals and 6% when receiving income from a legal entity, including as a self-employed person, you can work with foreign companies. If you receive income from a foreign company, then there will be no difference in the tax rate between the IP STS of 6% and the self-employed - in both options there will be a tax rate of 6%.
However, the advantage of being self-employed is that it is not necessary to register an individual entrepreneur (although an individual entrepreneur can also switch to paying tax as a self-employed person, that is, both an ordinary individual and an individual entrepreneur can switch to a tax for self-employed people).
And the most important plus of being self-employed is that you do not need to pay insurance premiums. That is, if there is no income, you don’t need to pay anything at all (and the IP will have to pay the fixed part of the insurance premiums of 36,238 rubles in any case). But the truth is, it’s more beneficial for cases where the income is small or irregular, and for if the income is regular, then since the individual entrepreneur can still deduct the amount of insurance premiums from the tax on the simplified tax system, provided there are no employees, there is no longer a difference (or rather, an individual entrepreneur is even more profitable, since in this case, you will pay the insurance premiums for your pension and will not lose anything, since you will deduct them from the tax).
At the same time, a self-employed person, when receiving income from a foreign company, will have to select the type of sale in the My Tax mobile application when reporting income. Legal entity or IP", mark " Foreign organization”and indicate its name (see the explanations of the Federal Tax Service set out in Letter No. SD-4-3 / [email protected] dated April 19, 2019).
In general, my recommendation is that if you have a regular and more or less normal income, it is better to look towards opening an IP.
If you fundamentally do not want to work as an individual entrepreneur, you can consider the option of working as an individual.
At the same time, in regions where the law for the self-employed is in force, I would recommend considering registering as self-employed instead of paying personal income tax, in this case it will be possible to pay 6% instead of 13% and at the same time not bother with individual entrepreneurs.
2. As for the Contract with a foreign customer itself, it can be concluded in several forms:
- in the form of a standard contract.
- in the form of an invoice-agreement (invoice-agreement) - that is, when we combine the invoice and the agreement and do everything in one document (more suitable for one-time / periodic services).
- in some cases, you can use the option with an offer agreement (there are features).
Also, there are often situations when you do not have a contract with a foreign customer at all for various reasons (the counterparty does not want to sign, irregular cooperation, etc.) - in this case, you still have the opportunity to legalize your income as an individual.
3. Also available various ways signing an agreement with a foreign customer, in particular:
- standard exchange of paper forms via courier (now less and less used).
- signing an agreement by exchanging scans (clause 2, article 434 of the Civil Code of the Russian Federation). That is, they signed, scanned - they threw it off to the counterparty, he did the same, and as a result, everyone has a scan of the contract signed on both sides. The current legislation, as well as tax and banking practice, fully allow this option, that is, this method is in no way inferior to the first option, but on the condition that in this case you comply with the special requirements established by law and practice for this method of signing the Agreement.
4. Currency control. If you work as an individual entrepreneur with a foreign company, you will go through currency control when you receive money to your bank account.
In general, today the rules are such that contracts with foreign customers are subject to mandatory registration if they exceed 6 million rubles for export (or the equivalent in currency), 3 million rubles (or the equivalent in currency) for imports. If there is no fixed amount in the contract, then in this case the obligation to register the contract will appear as soon as the contract amount reaches and exceeds the specified amounts.
Also, taking into account recent changes, if the amount of the contract for the entire period of its validity does not exceed 200 thousand rubles. (that is, if there are 3 payments of 100 tr, then this is already 300 tr and you do not fall under the exception), then it is not even necessary to provide documents to the bank. True, formally, the bank still has the right to request documents if it has doubts about the operations you perform.
5. There are certain requirements for the contract with a foreign customer in terms of its content. Requirements can be divided into 2 components:
- legal requirements (that is, for certain types of contracts, the law establishes requirements for what exactly they should take into account, what conditions should be prescribed, etc.).
- requirements from banking practice when passing through currency control.
The logic of banks here is very simple - when 2 parties enter into a real contract between themselves, they are interested in protecting their interests under the contract. For example, if a Russian IP concludes an agreement with a company from the USA for the development of software (software), then from the point of view of the bank it is logical that the customer from the USA will be interested in the contract specifying the terms of work, the procedure for eliminating deficiencies, the procedure for accepting etc., and the performer is interested in the fact that the terms and procedure for payment under the contract are clearly spelled out in the contract. If the bank sees that the terms and conditions for the completion of work and the procedure for acceptance are “crooked” in the contract, then the bank may have doubts whether the contract is really real, since it is suspicious for the bank why the customer is so careless in relation to such important points in the legal relationship between the parties .
Of course, I cannot describe all the nuances of the requirements of banks to the contract here, but the most general requirements are the following:
5.1. Subject of the contract. It must be specific, that is, simply “software development” is not the best way, it is desirable to prescribe, for example, what the software is being developed for (for what purposes, for what project, etc.). A very common option is a framework agreement, when in the agreement we do not write out a full-fledged TOR, but make a reference to how the parties agree on the requirements for tasks (additional agreements, invoices, by correspondence, in task setting systems, etc.).
5.2. Procedure and terms of payment. For violation of payment terms, you can get a fine up to 100% of the transfer amount, so I usually recommend setting the deadlines in such a way that they are definitely not violated (that is, with reference to some event that we control ourselves - issuing an invoice, signing act + prescribe terms with a margin, etc.). There are also situations when a company pays not directly to the account of an individual entrepreneur / LLC, but through various systems - here you need to look at each situation separately (whether it is acceptable or not) and, if it is acceptable, this moment must also be spelled out in the contract.
5.3. Deadlines for the completion of work. Until 2018, in terms of this item, it was easier, now, taking into account the latest changes, the requirements for this item have become more, and right now, in terms of the timing of the work, there should be more specifics. If the situation is such that it is impossible to determine the deadline in advance (and this happens in most cases), then we usually tie the deadline to certain events (payment, etc.) + in some cases we prescribe preliminary deadlines, and then, in the course of work, specify them through additional agreements.
5.4. The order of acceptance of services. In short, in standard form acceptance - signing an act on the provision of services, there is also a simplified version, when we tie the fact of acceptance of work to certain events (payment under the contract, sending a certain text to email, no claim for some time, etc. . - with a simplified procedure, there are also a number of additional requirements).
Also, in addition to the above, the contract must contain clauses about the applicable law, electronic document management and a number of other points, but now I will not dwell on them.
6. Responsibility. In practice, it is easiest to get to the station when receiving money from a foreign customer. 15.25. Code of Administrative Offenses of the Russian Federation “Violation of currency legislation Russian Federation and acts of currency regulation bodies”. Responsibility under this article can reach 100% of the amount received by you on the account. For example, there are situations when a customer transfers payment for services, but does it every time with a delay of a week or two - in such a situation there is a real chance of getting a fine of up to 100% of the amount of each transfer (that is, in general, they can take all the money for all payments ).
In some cases, liability under Art. 193 of the Criminal Code of the Russian Federation "Evasion of obligations to repatriate funds in foreign currency or the currency of the Russian Federation" (repatriation is the time interval between the date of export and the date of receipt of money as an expert's payment or between the date of payment for import and the date of import).
Ready to answer your additional questions.
Sincerely,
Vasiliev Dmitry.

CONTRACT N ______

paid services

G. _____________

"___"_________ ____ G.

Represented by ____________, acting on the basis of _________, hereinafter referred to as the "Customer", on the one hand, and a citizen / ka ___________________, hereinafter referred to as the "Contractor", on the other hand, have entered into this agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to perform the following services on the instructions of the Customer: _____________, and the Customer undertakes to pay for these services.

2. SERVICE TIME

2.1. During the provision of services, the Contractor is not obliged to follow the internal work schedule provided for the employees of the Customer. However, the Contractor will take into account normal business hours at the Customer's office.

3. REMUNERATION FOR WORK, PAYMENT PROCEDURE

3.1. For the performance of the services specified in clause 1 of this agreement, the Customer pays the Contractor a remuneration in the amount of ______ (_________) rubles monthly.

3.2. Settlement with the Contractor for the services rendered is made upon their completion and after the signing by the parties of the act of rendering services.

3.3. The Customer withholds from the remuneration due to the Contractor and pays on his behalf all taxes and deductions provided for Russian legislation collected in connection with the payment of remuneration.

3.4. Payment of remuneration is made monthly directly to the Contractor no later than the __ day of the month following the paid one.

4. TERM OF THE CONTRACT

4.1. This agreement is concluded for a period from "___" _________ ____ to "___" ___________ ____

4.2. The Agreement may be terminated before the expiration of the specified period on the grounds provided for by the legislation of the Russian Federation.

5. SPECIAL CONDITIONS

5.1. In the course of fulfilling obligations to the Customer, the Contractor undertakes not to promise, offer or pay in connection with the affairs of the Customer, directly or indirectly cash or other benefits to officials of state bodies, representatives of political parties, persons elected to public office or candidates for elected public office, as well as employees or representatives of counterparties of the Customer. "Government officials" for the purposes of this paragraph means an employee or executive any person with whom government agency is bound by real legal relations or whose activities he controls. In case of receipt in any form of a request for making such a payment, the Contractor undertakes to immediately inform the Customer about such a request.

5.2. The Contractor undertakes not to prepare, approve or sign on behalf of the Customer any contracts or documents and not to make inscriptions that, as the Contractor knows or has reason to believe, are false or incorrect in respect of essential conditions or otherwise prevent sufficient detail of all essential conditions and other circumstances of the transaction to which the above agreement, document or inscription is related.

5.3. The Contractor hereby confirms that he is familiar with the policies and procedures of the Customer on legal issues and that he is fully aware that, as a Contractor, he is obliged to adhere to the principles enshrined in them.

6. MISCELLANEOUS

6.1. The contractor is obliged to provide services in good faith and in a qualified manner.

6.2. Changes to the terms of this agreement are possible by agreement of the parties, drawn up in the form of an addendum to this agreement.

6.3. Disputable issues under this agreement, if they are not settled by the parties amicably, are resolved by the judicial authorities in accordance with current legislation Russian Federation.

6.4. This agreement, information and documentation received during the implementation of the agreement will be considered confidential, and the Contractor undertakes not to disclose them without the consent of the Customer.


In case of shortage of goods, the Supplier returns to the Buyer the cost of the undelivered goods or compensates for the shortage in subsequent deliveries of the goods. 6.3. The Buyer has the right to demand reimbursement from the Supplier low-quality goods or replacing a low-quality copy with a quality one. 6.4. For violation of the terms of this agreement, the parties are liable in a civil manner, compensating the injured party for losses in the form of direct damage and lost profits. The burden of proving damages lies with the injured party. 6.5. In case of unreasonable refusal to accept the goods, the Buyer shall compensate for the losses in the form of direct damage and lost profits. 6.6. In case of delay in payment, the Buyer shall pay the Supplier a penalty in the amount of % of the value of the unpaid goods for each day of delay in payment, starting from the day, but not more than % of the value of the corresponding consignment of goods. 6.7.

Agreement No.

The other party to the Agreement has the right: — to demand the elimination of deficiencies that have arisen as a result of withdrawal from the Agreement; - in case of failure to eliminate the shortcomings within a reasonable time after sending the relevant request in writing, demand early termination of the Agreement unilaterally. 5.4. The Contractor shall be liable: - for damage caused by theft of inventory items committed by breaking locks, locks, doors, windows, fences at the facility or in other ways, as a result of inadequate security; - for damage caused by the destruction or damage to property (including by arson) by unauthorized persons who entered the protected facility as a result of improper fulfillment by the Contractor of the obligations assumed under the Agreement; - for damage caused by fire or due to other reasons due to the fault of security guards.
5.5.

Contract for the supply of goods (with the condition of monthly deliveries)

The rights and obligations of the parties in the provision of consumer services are regulated by the Law "On Protection of Consumer Rights", as well as the rules of consumer services. In most cases, an agreement for the provision of services is drawn up in writing, although an oral agreement is also allowed between citizens if the cost of services does not exceed 10 thousand rubles.
rub. As for household services, the contract for their performance can be drawn up as in standard form, and by filling out a receipt. At the same time, it must necessarily reflect all the essential terms of the contract.
If household service performed directly in the presence of the customer, it is enough for the contractor to issue cash receipt or other proof of payment. A form of a standard contract for the provision of services can be found on our website.

Supply contract with the condition of monthly deliveries

Attention

In case of refusal of the Goods, the assortment of which does not meet the terms of the Specification to this Agreement, or the presentation of a demand for the replacement of the Goods that do not comply with the condition on the assortment, the Buyer has the right to also refuse to pay for this Goods, and if it is paid, demand a refund of the amount paid. 6. RESPONSIBILITY OF THE PARTIES 6.1. In case of violation of the term of delivery of the Goods, established by paragraph.


4.1 of this

Important

of the Agreement, as well as the term for the additional delivery of the Goods established by clause 5.2 of this Agreement, the Buyer has the right to present to the Supplier a demand for payment of a penalty in the amount of% of the cost of the Goods not delivered on time for each day of delay. 6.2. In case of violation of the term for payment of the cost of the Goods, established by paragraph.


2.3 of this Agreement, the Supplier has the right to present to the Buyer a claim for payment of a penalty in the amount of % of the amount not paid on time for each day of delay.

Possible payment options under the contract

Info

In the event that all the measures provided for by this Agreement are taken to timely notify the Customer about the improper fulfillment by contractors of their obligations under the construction contract, the Contractor shall not be liable for the activities of contractors, but participate in the tender of contractors to complete the construction. 2. OBLIGATIONS OF THE PARTIES 2.1. OBLIGATIONS OF THE CONTRACTOR 2.1.1.


On behalf of the Customer, conscientiously and efficiently control the cost of internal repair and finishing works under this Agreement. For these purposes, the Contractor performs the following types of work: - controls the volume of work performed; – takes part in the intermediate acceptance of completed stages, puts the coordinating signatures in the acts of acceptance of the work performed; 2.1.2.

Contract for the provision of accounting services

Sample documents Agreement for the provision of services for the protection of real estate (with the condition of monthly payment for the services of the contractor) AGREEMENT N for the provision of services for the protection of real estate (with the condition for the monthly payment for the services of the contractor) d. » » , hereinafter referred to as the "Customer" , in the person acting on the basis, on the one hand, and the Private Security Company, hereinafter referred to as the "Contractor", in the person acting on the basis of and license on private security activities N dated » » , issued, on the other hand, concluded this Agreement as follows. 1. SUBJECT OF THE AGREEMENT 1.1. Under this Agreement, the Contractor assumes the obligation to provide the Customer with security services on the terms provided for in this Agreement, and the Customer undertakes to pay for the services of the Contractor on the terms provided for in this Agreement.
1.2.

Contract for the provision of services, works

The most important feature of this agreement is its personal nature, that is, to provide a service, according to general rule, must be exactly the person on whom such an obligation is assigned by the contract. This is a similarity between a service agreement and employment contract. The Civil Code regulates a model service contract, although there are a large number various kinds services (legal, medical, advertising, etc.), the procedure for the provision of which (for example, postal services), in addition to the Civil Code of the Russian Federation, is regulated by special laws. In other cases, all points not provided for by the Civil Code are determined by mutual agreement of the parties.
Many general agreement for the performance of services has a contract, under which various works are carried out.
Timely, in accordance with this Agreement, pay for the services of the Contractor. 3.3. In the event of exportation of the Customer's property under protection outside the Russian Federation, the Customer's obligations will be determined by an additional agreement to this Agreement.


4. COST OF SERVICES AND PROCEDURE OF PAYMENTS 4.1. The Customer pays for the services rendered under this Agreement in the amount determined by the protocol for negotiating the contract price. 4.2. Payment for the Contractor's services is made monthly no later than the day following the billing month as follows: 100% of the cost of services rendered is transferred by the Customer to the Contractor's settlement account. The obligations of the Customer to pay for the services of the Contractor are considered fulfilled at the time of receipt of funds to the settlement account of the Contractor. 4.3.

Annual contract with monthly payment sample

Under this Agreement, the Contractor undertakes to protect the real estate owned by the Customer (Certificate, issued) located at: additional agreement which is an integral part of this Agreement. 1.3. The property of the Customer specified in clause 1.2 is subject to protection, both at its location and during its transportation.

Protection of property will be carried out by security guards who have the appropriate permit (license). The Customer's property is considered to be taken under protection from (date and time).

1.5. Term of rendering services: — beginning: » »; - ending: » » g. 1.6.
Deliver the goods to the buyer at the latest. 3.1.2. In time, by phone or fax, inform the Buyer about the shipment of the goods to the address of the consignee. 3.2. Obligations of the Buyer: 3.2.1. Accept the purchased goods within the time it arrives at the destination. 3.2.2. Provide a place to place the goods. 3.2.3. Carry out a check upon acceptance of goods in terms of quantity and quality, sign the relevant document (acceptance certificate, consignment notes). 3.2.4. Pay for the purchased item. 4. PAYMENT PROCEDURE 4.1. Payment for the delivered goods is carried out within banking days from the day. 4.2. Payment for the goods delivered to the Buyer is carried out in the form. 5. ORDER OF SHIPMENT 5.1. Delivery of goods is made to the warehouse of the Buyer, by the Supplier's transport, and is carried out at the expense of the Buyer, unless otherwise provided by agreement of the parties. 5.2.

Standard version of the contract from the website of the company ASK Lawyer Quality - quality control construction works, technical supervision, verification of estimates for the provision of services for a fee (monthly payment) Moscow "" 2006 Lawyer of Quality Limited Liability Company (License No. D 592161 dated August 1, 2005, registration number GS-0-), acting on on the basis of the Charter, hereinafter referred to as the "Contractor", on the one hand, and the citizen (ka), hereinafter referred to as the "Customer", on the other hand, and together referred to as the "Parties", have concluded this Agreement as follows: 1.

SUBJECT OF THE AGREEMENT 1.1.

The party that has violated its obligations under the Agreement must immediately eliminate these violations. 6.2. The Customer initially releases the Contractor from the obligation to participate in the Customer's relations with third parties regarding the subject of this Agreement, except for cases directly provided for by the current legislation of the Russian Federation.

The Contractor has the right to refuse to fulfill the terms of this Agreement in cases of non-compliance by the Customer with the terms of the Agreement. 6.4. The Contractor is not responsible for conclusions drawn on the basis of documents and information provided by the Customer and containing false information.

6.5. The objections of the Customer against the content of the report in whole or in part cannot be considered as grounds for terminating the Agreement or refusing to accept and pay for the work. 7. DISPUTES RESOLUTION 7.1.

Contract No. ___/13

___________ "___" __________ 2013

Limited Liability Company "StroyStimul", hereinafter referred to as the "Contractor", represented by General Director Parshikov E.A., acting on the basis of the Charter, on the one hand, and citizens ___ ________________________________________________, hereinafter referred to as ___ "Customer", on the other hand, jointly referred to as the "Parties", have concluded this Agreement (hereinafter referred to as the Agreement) as follows.

1. The Subject of the Agreement

1.1. The Customer instructs, and the Contractor assumes the performance of construction and installation works in accordance with the local cost estimate (Appendix No. 1) in an apartment with building number ___, located at: _____________________________________________________________________________________________ (hereinafter referred to as the Facility).

2. Cost, the procedure for payment and acceptance of work under the contract

2.1. The cost of work under this Agreement is determined on the basis of the estimate calculation (Appendix No. 1), which at the time of signing this Agreement is _________ (_____________________________________ rub. __ kop.), including VAT - 18%.

2.2. Payment under the contract is made in the following order:

Within 3 days from the date of signing this Agreement, the Customer shall
advance payment in the amount of 75 percent of the total cost of work, which is _________ (__________________________________________ rub. __ kop.), including VAT - 18%.

After the complete completion of the work, no later than 3 days after the Customer signs the work acceptance certificate (form KS-2, KS-3), the Contractor is paid the amount of this Agreement minus the advance payment.

Acceptance of work by the Customer is carried out within 3 days from the date of receipt from the Contractor of the certificate of acceptance of work (form KS-2, KS-3). Within the specified period, the Customer is obliged to sign the act of acceptance of the work performed or send the Contractor a reasoned refusal to accept the work. If the Customer refuses to accept the work by the Parties, within 3 working days from the moment the Contractor receives a reasoned refusal, a bilateral act is drawn up. In the event that the Customer does not sign the act of acceptance of the work performed within 3 days and does not provide the Contractor with a reasoned refusal, the work is considered accepted and payable.

2.3. If the Contractor, after paying the advance payment by the Customer, does not begin to perform work under this Agreement for more than 7 working days, the Customer has the right to terminate this Agreement and demand the return of the advance payment paid. The Contractor shall return the advance payment within a period not exceeding 5 banking days from the date of receipt of the Customer's written request.

2.4. The conditions and procedure for making changes to the cost of work are specified in Section 5.

3. Terms of performance of work

3.1. The terms for the completion of works on the repair of the apartment are established by the Parties:

from "___" ___________ 2013 to "___" ___________ 2013.

4 . Duties of the parties

4.1. The contractor is obliged:

4.1.1. Perform work to the extent and within the timeframe stipulated by the Agreement, and hand over the object to the Customer in accordance with clause 3.1. Contract term.

4.1.2. Ensure the performance of work in accordance with the project, building codes and regulations and instructions of the Customer and the quality of work in accordance with the design documentation and current regulations.

4.1.3. Ensure the necessary measures for safety and environmental protection during the work.

4.1.4. Coordinate with the organization carrying out the construction of the house, the procedure for conducting work and ensure its observance.

4.1.5. Ensure cleaning of the work site and the area immediately adjacent to it.

4.1.6. Remove, within 5 days from the date of signing the act of acceptance of the Facility, outside the place of work, the Contractor's equipment, inventory, tools, other property, as well as construction waste.

4.1.7. Fulfill their obligations stipulated in other articles of the Agreement.

4.2. The customer is obliged:

4.2.1. Transfer the apartment to the Contractor for the period of work.

4.2.2. Accept and pay for the Works in the manner prescribed by the Agreement.

4.2.3. Fulfill their obligations stipulated in other articles of the Agreement.

5. Making changes to the contract

The customer has the right to make changes to the scope of work, which, in his opinion, are necessary. In this case, he is obliged to send a written order to the Contractor's address indicating:

  • changes in the nature, quality or kind of some specified work;

  • performing certain additional work;

  • increase or decrease in the volume of some specified work;

  • inclusion or exclusion of some type of work.

If such changes affect the cost or completion time of the work, then the Contractor proceeds to their implementation only after signing an additional agreement, which becomes an integral part of this Contract from the moment of its signing.

The contract price may be changed by mutual agreement of the Parties, which is fixed by an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.

6. Final provisions

6.1. Any agreement between the Parties, entailing new obligations not provided for by the Agreement, is considered valid if it is confirmed by the Parties in writing in the form of an additional agreement or protocol, which are integral parts of the Agreement.

6.2. The Parties establish that all possible claims under the Agreement must be considered by the Parties within 5 (Five) days from the date of receipt of the claim.

6.3. Disputes that may arise during the execution of the Agreement, the Parties will seek to resolve through negotiations. If a solution is not reached, these disputes are subject to resolution in court.

6.4. The Agreement is drawn up in two copies of equal legal force, one copy for each of the Parties.

7. Addresses and Bank details parties


 

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