In this case, several outcomes are possible:
- The first option is that one of the parties initiates the preparation of an annex to the contract indicating the timing of the provision of services.
- The second option is that the terms for the provision of services will be determined for certain types of services in accordance with the legislation of the Russian Federation (in the Law under the number “2300-1”).
If it is impossible to implement both options, the parties to the agreement may refuse to cooperate, and then terminate it either amicably or in court. Mutual claims are resolved in a way convenient for them.
Important! When concluding the agreement being considered today, one should not confuse the concepts of “provision period.
The first term defines only the time period in which the relevant services must be provided. The second one determines the deadlines for the fulfillment of all contractual obligations of the contractor and the customer (that is, taking into account payment and similar issues). Naturally, the terms of the contract and the provision of services may vary significantly.
Agreeing on the term of the contract
To ensure that this condition is properly agreed upon, the following points must be taken into account:
— methods for determining the duration of the contract;
— application of the terms of the agreement to the relations of the parties that arose before its conclusion;
— the procedure for fulfilling obligations outside the term of the contract.
If the duration of the contract is not agreed upon
The agreement will be valid until the moment specified in it when the parties fulfill their obligations (clause 3 of article 425 of the Civil Code of the Russian Federation). Such a moment may be the moment of completion of the process of providing services by the contractor or payment for services by the customer in full (see.
Terms of service provision
Terms in any agreement are significant terms that must be specified. Preschool educational institutions are no exception, so it is quite reckless to forget about marking the time frame for the execution of services. The absence of relevant items entails:
- difficulties or even impossibility of recognizing the contract as valid
- numerous problems for the injured party within the framework of a specific agreement in case of dishonest behavior of the opponent
- some bureaucratic difficulties
What is the difference between the duration of the contract and the provision of services?
Attention
Otherwise, it will be impossible to determine exactly when the contractor should begin providing services, and the initial period will not be agreed upon (for the adverse consequences of not agreeing on the initial period for the provision of services, see Customer Risk 4.1.1, Contractor Risk 4.1.1). To avoid disagreements when determining the duration of services in hours, it is recommended to indicate in the contract the time zone by which the time is calculated. ——————————— An example of the wording of a condition: “Services under this agreement must be provided within two weeks. The Contractor begins providing services on November 14, 2010 at 13:00 Moscow time.”
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If the period for the provision of services is determined in hours, then according to Appendix No. 3 to the Regulations on units of quantities allowed for use in the Russian Federation (approved by Decree of the Government of the Russian Federation of October 31, 2009 N 879), this unit of time is equal to 3600 seconds (which is converted into minutes is 60 minutes). The parties, by virtue of the principle of freedom of contract, can establish that services are provided during the agreed number of academic hours.
What is the difference between the term of the contract and the term of provision of services?
Under such circumstances, it is inappropriate to load the contents of the agreement with deadlines, so they are included in the form of a mandatory annex to the agreement. Typically, such an application is called a service plan.
- The legislation of the Russian Federation does not provide for a specific type of punishment for persons who have exceeded any deadlines regarding the contract for the provision of services. Given this state of affairs, the responsibilities of the parties should be indicated directly in the text of the agreement. In the absence of such clauses, it will be possible to punish an unscrupulous opponent in a transaction only through the courts, which is fraught with a lot of difficulties and the loss of a considerable amount of time.
- If, as a result of the agreement, one of the parties suffers losses due to the fault of the other party to the transaction, then the injured party to the relationship has the right to demand compensation for all losses from the culprit. This applies to violation of any terms of the contract (terms in particular). Compensation is realized in court.
As you can see, there is nothing complicated in the service agreement and its terms.
Services as an object of civil rights
Consequently, the concept of “property” does not cover work and services, although contracts for the provision of services are classified as property contracts.
A set of actions that successively replace or complement each other is a behavioral characteristic of a service; in some cases, a service may be not only a separate operation, but also an activity.
How to distinguish the result of activity obtained from a service from the result of work and how to distinguish between services and work?
The difference between them is as follows:
— The contractor, the person performing the work, is obliged not only to carry out the activities provided for by the agreement of the parties, but also to deliver the material result to the customer.