When you need a contract for the provision of services and how to draw it up correctly

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Such an agreement between the customer and the contractor is useful when the process of work is no less important than the result.

What is a contract for the provision of services

This agreement is concluded between the contractor and the customer. Within its framework, the first undertakes to provide the second with certain services for a fee. Mostly we are talking about medical, veterinary, educational, auditing, consulting, information, tourism and communication services, but the list may include others. For example, if you work as a tutor or conduct training for staff, this type of agreement is for you.

According to the law, services are not considered research, development and technological work, transportation of goods and freight forwarding, operations with bank deposits, accounts and settlements, storage of things, order, transactions for commission and trust management of property.

A contract for the provision of services for a fee is needed when the actions of the performer themselves are important, and the result cannot be guaranteed, touched, evaluated objectively and separated from the process of providing services.

For example, a customer turned to a teacher to learn how to sing with a growl. They agreed on eight lessons, which the teacher conducted in good faith, that is, rendered a service. The result of training cannot be touched or taken away from both parties to the transaction and transferred to a third party. If it were possible, they would have entered into a contract.

How to conclude a contract for the provision of services

It is drawn up in writing without the obligatory certification by a notary, and this is what it should be.

Subject of the contract

Here you need to formulate a description of the service that the contractor must provide to the customer. For example:

The performer undertakes to read lectures on musicology as part of a course of additional education with a total duration of 52 hours and to take a final exam from the audience.

It is better to describe the service as specifically as possible so that it is understandable to a third-party reader of the contract. This will be especially helpful if the parties to the transaction argue and go to court. For example, "to provide a customer with consulting services" does not look as transparent as "to advise a customer on investment issues within two hours."

Terms of service provision

Unlike a work contract, it is allowed not to indicate a specific period in a paid service contract. This is convenient if it is not clear how long the work will take. So that it does not drag on for centuries, usually the contractor is given seven days to fulfill the obligations from the moment the customer requests it. The period can be extended if this implies the meaning of the service. For example, if, under the contract, the performer undertakes to teach classes during the semester, it cannot be done in a week.

At the same time, it is not prohibited to indicate specific dates.

The Contractor is obliged to provide services of proper quality in full during the period from September 1, 2020 to December 31, 2020. The contractor has the right to provide services ahead of schedule, and the customer is entitled to accept them before the expiration of the reporting period.

In some cases, the timing is considered an essential condition of service contracts. First of all, this applies to paid educational and medical services.

In the contract, you can also prescribe not only the start and end dates for the provision of services, but also indicate intermediate periods when and what the contractor should do. This will make it easier for the customer to control it.

But if the deadlines are specified, and the contractor violates them, the customer will be able to make claims against him related to non-performance of the contract. If the services are provided within the specified period, the parties to the transaction were satisfied with each other and are ready to continue cooperation, you just need to conclude a new contract.

It is important not to confuse the term for the provision of services with the term of the contract. The second is larger, as it includes preparation and final calculations. But it is also not necessary to define it.

In this case, the agreement will be valid until the parties fulfill their obligations. This can be the completion of the provision of services or their payment by the customer in full.

Gennady Loktev Lawyer of the European Legal Service

The ability to attract third parties

By default, the contractor must provide services in person. If you intend to involve other people or companies in the work, this must be indicated in the contract.

To provide services under this agreement, the contractor has the right to involve third parties. The contractor is liable to the customer for the consequences of non-fulfillment or improper fulfillment by the involved third parties of their obligations.

Service cost and payment procedure

It indicates how much the customer must pay to the contractor and in what way. He can pay in cash or transfer to the account, at one time or in stages.

If there are many services, the details are specified in the appendix. For example, a teacher gives lectures during the semester, and also once a month gives master classes to his colleagues. Then you can provide for a separate payment for each master class and the final one - for lectures.

The total cost of the contractor's services under this agreement is 100 thousand rubles. Payment is made within 10 days after the signing of the act on the services provided.

The procedure for the delivery and acceptance of services rendered

The service is considered rendered when the parties sign the relevant act. It can be one final document or several for each stage.

For example, a business school ordered coffee breaks from a catering service. According to the agreement, they must be carried out once a month during trainings. In this case, it is quite logical to sign a separate act on the services provided based on the results of each event.

The fact confirming the provision of services is the act on the services provided, signed by the parties.

Other conditions

In the process of cooperation, controversial points may arise. It will be easier if you prepare for them in advance and provide for a solution to potential problems in the contract. For example, indicate how the risks are distributed in the event of a force majeure. Or prescribe compensation in the event that the contractor misses the deadlines, if they are still in the contract.

How to terminate a paid service agreement

Any party to the transaction can terminate the agreement. If the customer wants to terminate the agreement, he will have to reimburse the contractor for all expenses. If the contractor terminates the contract, he compensates the other party for all losses. But the losses will have to be confirmed by documents, such as checks.

This is not always beneficial as not all losses can be confirmed. For example, checks are not issued for a waste of time. In this case, the terms of termination of the transaction can be changed by specifying them in the contract. For example, provide fixed compensation for the one who decides to break off the relationship.

If it is not possible to disperse peacefully within the framework of the agreements, you will have to do it and demand compensation in court.