Undertakes to provide at the request of the customer. Contract for the provision of services for a fee - the performer undertakes, on the instructions of the customer, to provide services (to perform certain actions or carry out certain activities). The customer has the right

Subject of contract

1.1. The Contractor undertakes to provide the following services at the request of the Customer:

methodological guidance _____________________________________________ practice of students _____ course of the specialty / direction in OBOP __________________________________ in the amount of _____ hours in accordance with the order of __ ____________ 20__ No. __________

1.2. The term for the provision of services: from __ ____________ 20__ to __ ____________ 20__

1.3. The service must meet the following requirements: federal state educational standard higher education, the standard of the FGBOU VO "NSPU" on the organization and conduct of professional practices, the program of practice.

2. Obligations of the parties

2.1. The Customer undertakes to pay for the services rendered in accordance with the terms of this Contract

2.2. The Contractor undertakes to provide services with high quality and within the time frame provided for
p. 1.2. Contract.

3. Cost of services. Settlement procedure

3.1. For the services rendered under this Contract, the Customer pays the Contractor a fee in the amount of ____________________________________________ (________________) rubles.

3.2. The remuneration is paid in a lump sum after the Parties have signed the Acceptance Certificate for the services rendered. The specified amount is taxed in accordance with the established procedure.

3.3. Payment is made by bank transfer by transferring the amount due to the Contractor's account in a credit institution or through the university's cash desk.

4. Procedure for the delivery and acceptance of services

4.1. Acceptance of services is carried out in accordance with clause 1.1. Contract. Acceptance of services is drawn up by a bilateral Certificate of Acceptance of the Services Rendered, which is signed by an authorized person of the Customer and the Contractor.

4.2. In case of a reasoned refusal of the Customer to sign the Acceptance Certificate for the services rendered, the Parties draw up a bilateral act with a list of necessary improvements or shortcomings in the preparation of documentation, the timing of their implementation.

4.3. To check the compliance of the quality of the services provided with the requirements established by the Contract and its annexes, the Customer conducts an examination. The examination of the results can be carried out by the Customer on his own or experts, expert organizations can be involved in its conduct.

4.4. If the Customer does not have any claims regarding the quantity and quality of the services provided, the Customer shall, within 3 (three) working days, sign the Acceptance Certificate for the services provided, an invoice. After that, the services are considered to be provided by the Contractor to the Customer. These documents will also be considered an "expert opinion" when carrying out an examination on their own, the compliance of services with the established requirements is confirmed by the signature of the responsible person in the acceptance documents. If the examination is carried out by a specialized expert organization, then the conclusion is drawn up in the form established in this organization.

Responsibility of the Parties

5.1. The parties are responsible for violation of their obligations in accordance with current legislation Russian Federation.

5.2. In case of delay in the fulfillment by the customer of the obligations stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the customer of the obligations provided for by the contract, the contractor has the right to demand payment of penalties (fines, penalties). Penalty interest is calculated for each day of delay in the fulfillment of the obligation provided for by the contract, starting from the day following the day of the expiration of the deadline for the fulfillment of the obligation established by the contract. Such a penalty is established by the contract in the amount of one three hundred of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of payment of the penalty interest from the amount not paid on time. Penalties are charged for improper performance by the customer of the obligations stipulated by the contract, with the exception of the delay in the performance of the obligations stipulated by the contract. The amount of the fine is established by the contract in the form of a fixed amount, determined in accordance with the procedure established by the Government of the Russian Federation.

5.3. In case of delay in the performance of obligations by the performer (including warranty obligation) stipulated by the contract, as well as in other cases of non-fulfillment or improper fulfillment by the contractor of the obligations provided for by the contract, the customer sends the Contractor a request for payment of penalties (fines, penalties).

5.4. Penalty is charged for each day of delay in the performance by the contractor of the obligation provided for by the contract, starting from the day following the day after the expiration of the contractual deadline for the performance of the obligation, and is established by the contract in the amount of 10 percent of the contract price, reduced by an amount proportional to the volume of obligations provided for by the contract and in fact performed by the performer.

5.5. Fines are charged for non-fulfillment or improper fulfillment by the Contractor of the obligations stipulated by the contract, with the exception of the delay in the execution by the Contractor of the obligations (including the warranty obligation) provided for by the contract. The amount of the fine is established by the contract in the form of a fixed amount, determined in accordance with the procedure established by the Government of the Russian Federation.

5.6. A party is exempt from payment of a forfeit (fine, penalty) if it proves that the failure to perform or improper performance of the obligation under the contract was due to force majeure or through the fault of the other party.

Contract repayable rendering services. Under a contract for the provision of services for a fee, the performer undertakes to provide services on the instructions of the customer (to 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, tourist 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 services for compensation, the performer is obliged to provide the services personally.

The customer is obliged to pay for the services rendered to him within the time frame and in the manner specified in the contract for the provision of services for compensation.

In case of impossibility of performance arising through the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of services for compensation.

In the event that the impossibility of performance has arisen due to circumstances for which neither of the parties is responsible, the customer shall reimburse the contractor for the actual costs incurred by him, unless otherwise provided by law or the contract for the provision of services for compensation.

The customer has the right to refuse to execute 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 his obligations under the contract for the provision of services for compensation only on condition that the customer is fully compensated for losses.

General provisions on the contract (Articles 702 - 729 of the Civil Code) and the provisions on household contracts (Articles 730 - 739 of the Civil Code) apply to the contract for the provision of services for compensation, unless this contradicts Articles 779 - 782 of the Civil Code, as well as the specifics of the subject of the contract for the provision of services for compensation.

Society with limited liability"Phantom", hereinafter referred to as the "Customer", represented by the director Nikolai 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 to provide services for participation in production process, management and performance of other functions at the request of the Customer, on the territory of the Customer's enterprise located at the address: Moscow, st. Olkhovskaya, 11.
1.2. The customer undertakes to timely pay for the services to the Contractor.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The contractor has the right:
2.1.1. Access internal local acts Customer, technical documentation, as well as other sources of information in terms of ensuring the safety of the facility.
2.1.2. Has the right to change the cost of the services provided, but no more than once during a calendar year.
2.2. The Contractor undertakes:
2.2.1. To fulfill the orders of the Customer provided for by this agreement within the agreed time frame.
2.2.2. At the written request of the Customer, conduct a survey of objects, followed by drawing up an act, which reflects proposals for technical strengthening, use technical means, mind, the required amount posts and the number of guards at the facility.
2.2.3. To carry out, upon written requests from the Customer, consulting and preparation of recommendations on the 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-prevention measures and the provision of primary fire extinguishing means.
2.2.6. Activities specified in clauses 2.2.2; 2.2.3., Carried out for an additional fee.
2.3. The customer has the right:
2.3.1. Make suggestions to improve the quality of the services provided by the Contractor.
equipment necessary for the Contractor to fulfill its obligations.
2.4.3. Install serviceable primary fire extinguishing means at the facility in certain places, and carry out preventive fire safety measures.
2.4.4. Provide lighting for the territory of the enterprise.
2.4.5. Demand from their employees, as well as from customers, visitors and partners, to comply with fire safety measures on the territory of the enterprise.
2.4.6. Timely pay for the services of the Contractor under this agreement.
2.4.7. Notify the Contractor in writing within 2 (Two) working days about the change of the head, as well as other persons responsible for the contractual relationship, with confirmation of their powers (orders, powers of attorney, instructions), change of the details of the enterprise with the submission of 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 services of the Contractor is made by transferring funds to the settlement account of the Contractor in the following order:
- an advance payment (prepayment) of at least 60% of the amount of payment for the Contractor's services for the previous month before the 05th of the current month on the basis of an invoice,
- final settlement - 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, seal it, and return one copy to the address of the Contractor. If there are any comments on the services provided, the Customer returns the act with a reasoned refusal in writing within the time 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 comment.
3.4. If the conditions that determine 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.
The agreement on changing the cost of services is drawn up by signing the Agreement by the Parties supplementary agreement to the Agreement without renewal of the Agreement.
3.5. In case of non-receipt of funds to the settlement account of the Contractor within the terms 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 prior to the expected suspension of the provision of services.
3.6. In case of non-payment of the debt on 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 Agreement without additional notice to the Customer.
3.7. The day when the Customer fulfills its obligations to pay for the Contractor's services is the day the funds are received on the account of the latter.

4. RESPONSIBILITY OF THE PARTIES

4.1. For non-fulfillment 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 the provision of personnel with ^ Y, a penalty of 0.1% of the amount owed. Penalty is charged on the basis of a written claim sent by the Contractor to the Customer and the Customer's written confirmation of its acceptance. Penalty interest is calculated from the date of written confirmation of the acceptance of the claim by the Customer.
4.3 The Contractor, in the event of improper performance or non-performance of the terms of this agreement, bears material responsibility for damage caused to the Customer.
4.4. The facts of damage are established by the bodies of inquiry, the investigation, the court in the manner prescribed by the current legislation.
The guilt of the Contractor is established by a bilateral commission consisting of representatives of the Customer and the Contractor, in case of disputes on the issue of the Contractor's guilt that cannot be resolved by the said commission, the dispute is referred to the court.
The amount of damage is confirmed by the 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 ruling that has entered into legal force.
4.5. The amount of damage not contested by the parties is reimbursed within 30 days after the Customer provides the Contractor with a full package of required documents.
4.6. The contractor is exempt from material liability:
- for damage caused through the fault of the Customer's employees during the performance of their work duties;
- for the theft of personal property of the Customer's employees;
- for theft from sealed, sealed or locked rooms without breaking the seals, seals, doors and locks and other obvious traces of entry into the Customer's premises;
- for damage caused as a result of fire, fire, explosion, riots, other natural disasters.

5. ACTIONS OF UNBREAKING FORCE

5.1. The parties are exempt 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 a party that did not fulfill obligations in full or in part could neither foresee nor prevent by reasonable methods.
In this case, the fulfillment of obligations under the contract is postponed for the duration of the force majeure circumstances.
5.2. Upon the occurrence of those specified in clause 5.1. circumstances, the party for whom the impossibility of fulfilling its obligations under this agreement was created must in shortest time notify the other party about them in writing with the attachment of the relevant certificates, but in any case no later than 10 days after their commencement.

6. CONFIDENTIALITY

6.1. The terms of this contract and agreements (protocols, etc.) to it are confidential and not subject to disclosure.
6.2. The parties take all 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. DURATION AND OTHER CONDITIONS OF THE CONTRACT

7.1. This agreement comes into force from 09.00 o'clock on June 01, 20__. and is valid for 1 (one) year.
7.2. The terms of the contract and its annexes can be changed by agreement of the parties. Changes and additions made are considered within two weeks.
7.3. The cost of rendering 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 of the parties has the right to terminate this Agreement at any time and sends the other party a written notice of termination of the Agreement 30 (thirty) days in advance of its intention. During this period, the parties fulfill their obligations under this Agreement.
7.4. If 15 days before the expiration of this Agreement, the parties have not informed in writing about the termination of this Agreement, then it is considered extended for each subsequent calendar year on the same conditions. In the manner prescribed by this clause, 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 come to a mutual agreement, are resolved in the Arbitration Court of the Moscow Territory.
7.6. This Agreement is made in two copies, each of which has equal legal force, one for each of the parties.

8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
________________________
________________________

Under a contract for the provision of services for a fee, the performer undertakes to provide services on the instructions of the customer (to perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

The contract for the provision of compensated services is consensual, bilateral and compensated.

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

Model contract

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 contract, and the Customer undertakes to pay for the ordered services.

1.2. The Contractor undertakes to provide the following services:

__________________________________,

__________________________________,

__________________________________.

hereinafter referred to as "Services".

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

1.4. The Services are considered rendered after the signing of the acceptance certificate for the 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 adequate quality.

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

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

2.1.4. The contractor is obliged to carry out 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 any time, check the progress and quality of the work performed by the Contractor, without interfering with his activities.

2.3.2. To refuse to execute the contract at any time before the signing of the act, paying the Contractor a part of the established price in proportion to the part of the Services provided, performed before receiving a notice of the Customer's refusal to perform the contract.

3. Contract price and settlement 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: _________________________ rubles.

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

4. Responsibilities of the parties

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

4.2. The measures of liability of the parties, not provided for in this agreement, are applied in accordance with the norms of civil legislation in force on the territory of Russia.

4.3. The payment of the penalty does not relieve the Contractor from the execution of those lying on it.
obligations or elimination of violations.

5. Procedure for resolving disputes

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

5.2. If it is impossible to resolve disputes through negotiations, the parties, after the implementation of the procedure for pre-trial settlement of disagreements provided for by law, shall submit them for consideration in the ________________ court.

6. Final provisions

6.1. Any changes and additions to this agreement are valid only provided that they are made in writing and signed by authorized representatives of the parties. Appendices to this agreement form an integral part of it.

6.2. This agreement is made in two copies in Russian. Both copies are identical and equally valid. Each of the parties has one copy of this agreement.

Contract No.ТН ____

paid provision of construction / technical supervision services

Moscow "____" _______ 20__

Hereinafter referred to as "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, at the request of the Customer, to provide services for construction / technical supervision (hereinafter referred to as services) in the production of repair, finishing and other works (hereinafter referred to as works) in the Customer's premises with a total area of ​​_______, located at the address: _______________________, (hereinafter referred to as the "Object") , and the Customer to pay for the services rendered, in the terms and in the manner determined by this Agreement.

1.2. When rendering 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. TERM OF PROVISION OF SERVICES

2.1. The Contractor provides technical supervision services, from the date of signing the Act of admission to repair and finishing works, and then - in accordance with the repair assignment approved by the Customer.

2.2. On the basis of a written application from the Customer, in the event of suspension by the contractor of repair, finishing and other works, the Parties suspend the validity of this Agreement for the period of their suspension, while the Parties sign the Act of Suspension of the Agreement. The term of this Agreement is renewed on the basis of the application of the Customer after the resumption of work by the contractor.

2.3 ... The date of completion of services under this Agreement is the date of completion of the Contract Works 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 terms provided for in Section 5 of this Agreement.

3.1.2. Provide the contractor with all the necessary documentation for the work specified in clause 2.1.

3.1.4. Organize the Contractor's access to the Object, in the presence of the Customer, or his legal representative.

3.1.5. Provide the Facility for the duration of the work with standard fire extinguishing means with the organization of a fire station, using an individual fire hose powered by a cold water supply, as well as factory-made portable fire extinguishers.

3.1.6. Accept the services rendered according to the acceptance certificate of the services rendered.

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 conformity of the quality of the work performed under the Contract Agreement, the structures, products and equipment used for compliance with the requirements of regulatory and technical documentation, as well as state standards and rules established in the Russian Federation, including checking the availability of documents certifying their quality;

Visiting acts of acceptance of work performed (form KS-2) presented to the Customer under the Work Contract by affixing the signature of an authorized person on each copy and thereby confirming the volume and quality of the work performed, their compliance with the design and estimate documentation, the terms of the Work Contract , compliance of the executive documentation presented to the Customer with the requirements of normative and technical documentation;

Control the correctness of the incoming inspection by the contractor and suppliers building materials, structures, products and other received products used in the work at the Facility, as well as to ensure the prevention of the use for work at the Facility of products that have not passed the incoming control;

Constantly monitor the quality of work, taking into account the stages performed under the Contract Agreement;

Control 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 Facility in the work logs, which indicate the allowed deviations from project documentation and existing normative documents, ensure the correction of the admitted deviations;

Immediately inform the Customer about the need to suspend work under the Contract Agreement in cases of unsuitability or poor quality of the materials, equipment used, violation of work technology, as well as other circumstances that threaten the safety or quality of 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;

Exercise control over the availability and correctness of the as-built documentation under the Contract Agreement;

If necessary, make proposals to change the design documentation, the timing of completion of 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 carried out by state construction supervision bodies, other inspections and commissions authorized for such inspections;

to ensure the survey of hidden works and the preparation of the relevant acts.

4.1.2. Provide the Customer with copies of the Contractor's Orders, which indicate:

What deviations from the project, defects, violations technical conditions, building codes, site rules were discovered;

Specific requirements aimed at eliminating the indicated deviations with an indication of the time frame for their elimination.

4.1.3. As the construction work is carried out, the contractor should sign the following Acts of work performed, according to the project, SNiP, technologies:

- incoming inspection of building materials (certificates for the material used);

- flooring device (executive scheme with links to the main structures + certificates for the materials used + Certificate of inspection for the installation of potential equalization in "wet zones" (for warm floors);

- installation of partitions (certificates for the materials used);

- installation of a water supply system (certificates for the materials used with the attachment of the Acts on the conduct of hydraulic and pneumatic tests + an executive diagram with links to the main structures);

- installation of the sewerage system (certificates for the materials used with the annex of the Acts of testing by the strait + executive scheme with links to the main structures);

- installation of electrical cables (executive scheme with links to the main structures + certificates for the materials used);

- installation of the heating system (in the presence of this type of work, certificates, passports, invoices for the materials used with the attachment of Acts on the conduct of hydraulic + executive scheme with links to the main structures);

Acts of work performed:

Waterproofing device;

Floor arrangement;

Installation of partitions;

Water supply system installation;

Sewerage system installation;

Installation of electrical cables;

Heating system installation;

4.2. The contractor has the right:

4.2.1. Involve third parties in the performance of their obligations under the Agreement.

4.2.2. Independently determine the procedure for fulfilling their obligations.

4.2.3. Require the Customer to pay for the services rendered 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) rubles. for 1 sq. meter of total area, and is ______________________________________________.

5.2. The Customer pays for the services under this Agreement by an advance payment in the amount of 100% of the cost of services provided for in clause 5.1. Of the Agreement within 3 banking days from the date of signing this Agreement.

5.3. Interest on the prepayment (advance) amount is not charged and is not payable.

5.4. Settlements under the Agreement are made by bank transfer by payment orders.

5.5. The Customer's obligation to pay is considered fulfilled at the time the funds are credited to the Contractor's account.

5.6. The cost of services established in clause 5.1. Is fixed and can be changed only in cases stipulated by the legislation of the Russian Federation.

6. DELIVERY AND ACCEPTANCE OF THE RENDERED SERVICES

6.1. The customer must accept the services rendered and sign the Acceptance Certificate for the services rendered within 3 working days from the date of receipt from the Contractor. In case of refusal to sign it, a reasoned refusal is drawn up.

6.2. In case of not signing the Act of delivery - acceptance of the services provided within the above period, as well as in the absence of a reasoned refusal within the same period, the Contractor makes a corresponding mark on the Act. In this case, the services of the Contractor 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. LIABILITY OF THE PARTIES

7.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

7.2. The Contractor has the right not to start fulfilling obligations under the Agreement or to suspend the provision of services in case of violation by the Customer of his obligations under this Agreement, notifying the Customer about this in 7 (five) calendar days, until the suspension of the provision of services.

8. DURATION OF THE CONTRACT 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 the manner prescribed by law.

8.3. The Contractor has the right to refuse to execute this Agreement in the event that the Contractor has three times failed to comply with the Contractor's instructions on violations revealed during the repair, finishing and other works by the contractor, as well as in other cases provided for by the current legislation, with a warning to the Customer about this 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 the result 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 state and local authorities authorities, strikes, military operations, state of emergency (special, military, etc.).

9.3. This Agreement is made 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 made in writing and signed by authorized representatives of both Parties. Under writing For the purposes of this Agreement, the Parties understand both the preparation of a single document and the exchange of letters, telegrams, messages using facsimile communications, allowing the sender and the date of departure to be identified.

10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Reimbursable services contracts are very common, but even experienced lawyers make mistakes when preparing them. Read how to write the perfect contract, how to avoid typical mistakes... Also download a sample document.

What is this article about:

Under a contract for the provision of services for a fee, the performer 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 them (clause 1 of Art. 779 of the Civil Code of the Russian Federation).

When a contract for the provision of services is concluded

The document is concluded for the provision of the following services:

• medical;
• consulting;
• veterinary;
• audit;
• informational;
• for training;
• on tourist services (clause 2 of article 779 of the Civil Code of the Russian Federation);
• legal;
• security;
• advertising;
• accounting;
• communication services.

This list is not exhaustive.

Sample service agreement

How to avoid common mistakes when preparing a contract

Specify the subject of the contract

The contract is considered concluded if the parties have reached an agreement on all essential conditions (clause 1 of article 432 of the Civil Code of the Russian Federation). The subject is an essential condition of the contract for the provision of paid services. In case of an unclear formulation of the subject, in particular, if the list (type) of works, their volume is not specified, the court may recognize the contract as not concluded. Consequently, the parties will not be able to apply liability for their failure to fulfill their contractual obligations (Article 309, Clause 1, Article 393, Articles 330,331, 332 of the Civil Code of the Russian Federation).

However, a party that has confirmed the fulfillment of obligations by partial or full acceptance does not have the right to demand that the contract be recognized as not concluded, if, taking into account certain circumstances, such a requirement does not comply with the principle of good faith (clause Article 432 of the Civil Code of the Russian Federation). This indicates that the actions of the customer who accepted the services, but did not pay for them, and in the future, when collecting the debt in the court, who declared that the contract was not concluded due to the lack of agreement on the subject, may be perceived as unfair behavior, for example, in order to avoid liability for violation of obligations under payment. Taking into account the provisions of paragraph 3 of Article 432 of the Civil Code of the Russian Federation, most likely, such a statement will not be taken into account by the court.

Thus, the subject of the agreement is considered agreed if the list of services is defined sufficiently and specifically (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of August 23, 2005 No. 1928/05).

The subject of the contract is considered agreed if the list of services is defined sufficiently and specifically.

Specify the scope of services

Based on the volume of services, the parties can calculate the costs incurred for actually performed work or remuneration for the contractor. Within a certain type of activity, the volume can be set based on the list of actions performed by the performer. The coordination of the volume is inextricably linked with the content of the subject of the contract for the provision of services for compensation.

The parties can use the following indicators:

• the number of objects for which the provision of services is established (for example, during the protection of an object - the number of warehouses);
• duration of work (when drawing up an assessment report - the amount of time spent (hours, minutes);
• the number of recipients (for example, when organizing and conducting a seminar - the number of listeners).

You can not collect interest for the use of strangers in cash if the contract is not concluded due to a lack of agreement on the scope of services (resolution of the Ninth Arbitration Court of Appeal dated 05/29/2007, 06/04/2007 No. 09AP-6541/2007-GK in case No. A40-73650 / 06-49-560), recover damages for violation of the terms (FAS resolution Central District dated June 28, 2005 No. A14-15387 / 04/558), to collect payment and a penalty for late payment (resolution of the FAS of the Volgo-Vyatka District dated April 21, 2009 in case No. A29-6050 / 2008). Cm., how to calculate interest at the refinancing rate .

Tax authorities may not recognize income tax expense and VAT deductions if the contract does not contain a detailed job description.

Record the fact of the work done

Services are activities, the results of which do not have material expression (clause 5 of article 38 of the Tax Code of the Russian Federation). Therefore, when determining the issue of their reality, it is important that the parties clearly fulfill the terms of the agreement on the confirmation of services in terms of drawing up acts or other documents indicating the fulfillment. (Resolution of the Arbitration Court of the Urals District dated 16.10.2015 No. F09-7065 / 15 in case No. A60-55015 / 2014).

The current legislation of the Russian Federation does not provide for a unified form of the act on the provision of services, with the exception of the requirements for the primary accounting document, for which mandatory details are established (part 2 of article 9 Federal law dated December 6, 2011 No. 402-FZ "On accounting"). So that the company does not have any problems, the act of acceptance and transfer must necessarily contain a detailed list of all actions performed by the performer, their volume and cost (Determination of the Supreme Arbitration Court of the Russian Federation dated 07.08.2009 No. VAS-9587/09 in case No. A31-4774 / 2008-20) ...

It is also necessary to consider the tax consequences of not confirming the work done. Tax authorities may not recognize income tax expense and deductions for VAT in the absence of a detailed description of the work (resolution of the Federal Antimonopoly Service of the West Siberian District of 12.09.2013 in case No. A46-29654 / 2012, resolution of the FAS of the Moscow District of 19.11.2012 in case No. A40-98375 / 11-107-416 and etc.). The customer will have to dispute such claims with an unclear outcome. .

Agree on quality terms

The condition on the quality of services determines their characteristics, properties that are necessary to meet the needs of the customer (Articles 779, 783, 721 of the Civil Code of the Russian Federation). The provisions of Article 721 of the Civil Code of the Russian Federation on the quality of work and Art. 723 of the Civil Code of the Russian Federation on the responsibility of the contractor for their inadequate quality (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09.24.2013 No. 4593/13 in case No. А41-7649 / 2012).

If the parties have established quality requirements in the document, for example specifications, then the performer is obliged to comply with them. Otherwise, the quality of the work done will be recognized as inadequate, and the contractor will not have the right to demand payment from the customer (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 09.24.2013 N 4593/13 in case N A41-7649 / 2012, ruling of the Volga-Vyatka District Arbitration Court from 16.06.2015 No. F01-2032 / 2015 in case No. A43-21302 / 2014).

If the parties did not agree on the requirements for their quality in the contract for the provision of paid services, then the contractor is not obliged to comply with the quality requirements presented by the customer after the conclusion (clause 2 of Art. 307, Art. Art. 783, 721 of the Civil Code of the Russian Federation). The customer does not have the right to refer to non-compliance with such requirements and to demand a price reduction on the basis of Art. 783, paragraph 1 of Art. 723 of the Civil Code of the Russian Federation (resolution of the Fourteenth Arbitration Court of Appeal dated 20.10.2008 on case No. A05-5815 / 2008, the resolution of the Federal Antimonopoly Service of the North-Western District of 19.01.2009 No. A05-5815 / 2008, upheld).

The contractor is not obliged to comply with the requirements for the quality of services, if they are not spelled out in the contract.

Agree on the terms of attracting third parties (subcontractors)

By general rule, established by Article 780 of the Civil Code of the Russian Federation, the contractor must provide services in person, unless otherwise agreed by the contract. The Contractor has the right to agree on the condition of engaging third parties in the work, in the absence of specialists with relevant knowledge in the staff.

If you do not agree with the customer on the terms of attracting third parties (subcontractors), the contractor will be obliged to provide services personally (Article 780 of the Civil Code of the Russian Federation). If this provision is not observed, the contractor will not be able to demand from the customer reimbursement of costs associated with the involvement of third parties. For example, to recover damages in the form of payment arrears of subcontractors on the basis of Art. 15 of the Civil Code of the Russian Federation.

Confirmation of this conclusion is set out in the positions of the higher courts: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 30, 2000 No. 8079/99 in case No. 2642-G / 99. Unauthorized involvement of sub-contractors may deprive the contractor of tax benefits, if such are established only for organizations directly performing work. Thus, the FAS of the Povolzhsky District, in its resolution dated December 21, 2007 No. A49-3155 / 2007 (by the definition of the Supreme Arbitration Court of the Russian Federation dated April 17, 2008 No. public organization disabled persons of work performed by subcontractors, without charging VAT on their cost. The court rejected the arguments that the construction and installation work carried out by the involved persons is not subject to VAT, since the work performed by subcontractors is the performance of work by the contractor himself (an organization of disabled persons), as based on an erroneous interpretation of subparagraph 2 of paragraph 3 of Article 149 of the Tax Code of the Russian Federation , since the specified norm connects the possibility of applying tax benefits with the direct production of work by the public organization of disabled people. In article 149 of the Tax Code of the Russian Federation, there are several benefits with this condition.

Include a termination clause at the end of the contract

If the parties have not agreed on the condition that after the expiration of the contract, the obligations under it cease (clause 3 of article 425 of the Civil Code of the Russian Federation), these obligations continue to operate until they are fulfilled by the parties, unless otherwise provided by law (paragraph 2 of cl. 3 article 425 of the Civil Code of the Russian Federation). In accordance with Articles 15, 393 of the Civil Code of the Russian Federation, upon the expiration of the validity period, the contractor must reimburse the customer for losses caused by non-performance or improper performance obligations Sverdlovsk region from 27.04.2009 in case No. А60-5266 / 2009-С4).

Determine the payment term

It is recommended to determine the term of payment in the contract, otherwise its executor will not be able to collect a penalty for late payment under article 330 of the Civil Code of the Russian Federation, since the court will not be able to establish the period of delay (resolution of the FAS of the Ural District of May 16, 2006 No. F09-2393 / 06-C5) ... To prevent negative consequences in the document, it is necessary to establish a payment term for services. It can be set in the form of prepayment (advance payment), step-by-step payment.

In practice, the parties often agree on a deadline by pointing not to an event, but to the actions of the parties or other persons. For example, the payment term can be determined by indicating the period of time from the moment of receipt of services (signing of the acceptance certificate) or from the moment of conclusion of the contract (resolution of the FAS of the Moscow District of 13.05.2010 No. 26.08.2010 No. VAS-11203/10 refused to transfer this case to the Presidium of the Supreme Arbitration Court of the Russian Federation for review by way of supervision), resolution of the Federal Antimonopoly Service of the North-West District of 01.06.2010 in case No. A56-13328 / 2009).

Include a forfeit clause for late payment

Forfeit (fine, penalty) - a sum of money established by an agreement or by law, which is paid by a party that has not fulfilled or improperly fulfilled its obligations under the agreement (clause 1 of article 330 of the Civil Code of the Russian Federation). To obtain it, it is necessary to confirm the fact of violation of the obligation. If the parties have not agreed on the customer's obligation to pay a penalty for late payment (clause 1 of article 330, article 331 of the Civil Code of the Russian Federation), the contractor is not entitled to demand its recovery (resolution of the Federal Antimonopoly Service of the Moscow District dated 10.04.2008 No. KG-A40 / 2652-08 on case N А40-49611 / 07-10-336).

The exception is cases when the payment of a penalty is established by law (Article 332 of the Civil Code of the Russian Federation). For example, h. 5-9 Art. 34 of the Federal Law of 05.04.2013 N 44-FZ "On contract system in the field of procurement of goods, works, services to meet state and municipal needs "for late fulfillment by the parties of obligations under the contract provide for a penalty. However, if the document does not contain a condition on a penalty for late execution of a monetary obligation, the injured party may demand payment of interest to it in accordance with paragraph 1 of Article 395 of the Civil Code of the Russian Federation, as well as compensation for losses, having previously proved them.

Indicate the price

If there is no price clause in the contract, the services must be paid for at a price that, under comparable circumstances, is usually charged for similar work (clause 3 of article 424 of the Civil Code of the Russian Federation).

In practice, a situation may arise when the customer will be obliged to pay for the services provided more than he expected, or the contractor will be forced to provide them at a reduced price, and not at the one that was expected at the time of the conclusion of the contract.

In order to avoid disputes about the price, the parties need to agree on the size of the price or the method of its determination, its composition and the condition of a firm or approximate price. For example, the parties can establish that the price will be determined based on the rates (rates) of the contractor, which can be expressed in the cost of one unit of time (hour, minute) spent by the contractor. (Resolution of the Federal Antimonopoly Service of the North Caucasian District of 11.08.2003 No. F08-2883 / 03 in case No. A32-2491 / 03-38 / 41).

An example of the wording of a condition

The customer undertakes to pay monthly remuneration to the contractor, calculated by multiplying the total number of hours actually spent in fulfilling obligations under this Agreement by the rate (cost of one hour of rendering services) of a specialist.
The specialist's rate is ______________________ rubles ____ kopecks per hour.
The total cost of services under this Agreement is determined based on the act on the provision of services, drawn up and signed by the parties.

Write down the conditions for the acceptance of services

The legislation does not establish the obligation to draw up an act on the provision of services (Resolutions of the Federal Antimonopoly Service of the West Siberian District of January 30, 2007 No. F04-9551 / 2006 (30744-A03-11), FAS of the Volgo-Vyatka District of August 17, 2009 N A11-10234 / 2008- K1-13 / 256). However, the payment of the contractor, as well as the fact of confirmation of the provision of services, are associated with the signing of the act.

Sometimes customers try to evade acceptance by simply not signing the deed. To prevent this from happening, a condition can be included in the contract for the provision of services for a fee: if the act received from the contractor by the customer is not signed within the time period stipulated by the contract, or a reasoned refusal to sign is not provided within the same period, then the act signed unilaterally is considered a confirmation of the proper provision services by the contractor (resolution of the Fifth Arbitration Court of Appeal dated 05.08.2013 N 05AP-6736/13, resolution of the Eleventh Arbitration Court of Appeal dated 21.03.2013 N 11AP-322/13).

An example of the wording of a condition

Upon completion of the provision of services, the Contractor provides the Customer within _________ (__________) days with an act on the provision of services. If objections are not submitted within ________ (_______) days from the date of receipt of the act, the services are considered accepted.

At the same time, the presence in the document of a condition on the compulsory drawing up of this act does not exempt the contractor from the need to confirm the fact of the work done with other documents if there are objections from the customer. (Resolution of the Federal Antimonopoly Service of the North-West District of October 26, 2010 No. F07-10378 / 2010 in case No. A66-13532 / 2009).

Attached files

• Sample contract for the provision of services.doc
• Form of a contract for the provision of services.doc

 

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