How to correctly draw up a contract for the provision of paid services?

Material from the business Wikipedia Executive.ru.
Another 500 publications on personnel management are on other pages of the portal. Contract No. ______for paid services
City __________________ “___”__________ ____ city

_______(Name of the organization), represented by______ (full name), acting on the basis of _________, hereinafter referred to as the “Customer”, on the one hand, and a citizen of the Russian Federation (full name), passport No. ______________, issued by “___”______ ___ g _____________________, registered at the address:______, hereinafter referred to as the “Contractor”, on the other hand, have entered into this Agreement as follows:

Rights and obligations of the parties

2.1. The Contractor undertakes:

2.1.1. Provide the services provided for in clause 1.1 of this Agreement in accordance with the Customer’s requirements, in good faith and in a qualified manner.

2.1.2. Provide services within the time limits established by Section 4 of this Agreement.

2.1.3. Ensure the safety of the Customer’s property and prevent damage and deterioration of the said property.

2.1.4. Provide the services provided for in clause 1.1 of this Agreement in person.

(Option: to provide services under this Agreement, the Contractor has the right to involve third parties. The Contractor is responsible to the Customer for the consequences of failure to fulfill or improper performance of their obligations by the involved third parties.)

2.2. The customer undertakes:

2.2.1. Provide the Contractor with the necessary supplies, information, and documentation for the proper provision of services under this Agreement.

2.2.2. Provide assistance to the Contractor in the provision of services, including, at the Contractor’s request, immediately provide all necessary information and documents.

2.2.3. Pay for the Contractor's services in the amount, manner and on the terms established by Section 3 of this Agreement.

2.3. No later than _________ days from the end of each calendar month, the Parties sign a Certificate of Services Rendered, which is the basis for the Customer to pay the price of the Contractor’s services established by Section 3 of this Agreement.

If there are deficiencies in the services provided, the Customer must indicate this in the Certificate of Services Rendered.

2.4. The Customer has the right to refuse to fulfill this Agreement at any time, having previously notified the Contractor about this at least __________________ and subject to payment to the Contractor for the expenses actually incurred by him.

2.5. The Contractor has the right to refuse to fulfill obligations under this Agreement by notifying the Customer in writing no less than ____________, subject to full compensation to the Customer for losses caused by such refusal.

Contract price and payment procedure

3.1. The price of services provided by the Contractor in accordance with this Agreement is ________ rubles per month.

3.2. The price of services established by clause 3.1 of this Agreement is paid by the Customer within _________ days from the moment the Parties sign the Certificate of Services Rendered in the manner prescribed by clause 2.3 of this Agreement.

3.3. Payment under this Agreement is made by transferring funds to the Contractor's account or by issuing cash to the Contractor from the Customer's cash desk.

3.4. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.

3.5. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.

Terms of service provision

4.1. The Contractor undertakes to provide the services established by clause 1.1 of this Agreement within the following terms:

4.1.1. Start of rendering ____________ ___

4.1.2. End of service _____________ ___

4.2. The Contractor has the right not to begin providing services, and to suspend the provision of services that has begun in cases where the Customer violates its obligations under this Agreement. In particular, failure to provide the necessary materials and documentation prevents the Contractor from fulfilling the Agreement, as well as in the presence of circumstances clearly indicating that the fulfillment of these obligations will not be carried out within the prescribed period.

The main thing about a standard contract for the provision of legal services

An agreement on such services is an agreement in which there is a customer and a contractor (lawyer) who undertakes to help solve the problem. The relationship between the customer and the contractor is formalized in writing, agreed upon and signed by both parties.

The main purpose of the agreement is to establish its subject (fulfillment of a certain order or provision of a service), the procedure and amount of payment for it, the rights and obligations of the parties.

An agreement may be civil if this is the purpose of its conclusion. Sometimes they say that a transaction has the features of a contract when the result of the work is physically embodied, for example, a statement of claim is written.

In fact, a contract for the provision of legal assistance is a type of service provided.

Legal work is provided by private lawyers operating in the form of individual entrepreneurs, legal consultations, organizations engaged in comprehensive consulting (for example, law and accounting), lawyer and notary offices, as well as private lawyers and notaries. The provision of legal services by an individual is not prohibited; it is permissible.

Therefore, both organizations and citizens can be parties to the agreement. For example, a service agreement between legal entities is concluded when one company entrusts another (specialized) company with full legal support of its activities or the conduct of certain processes.

Legal services between individuals are often not formalized at all, but in vain, because in this way people are deprived of guarantees.

The parties to the agreement are usually:

1. A customer who orders and pays for a certain service and needs legal assistance.
2. The contractor providing this assistance has the appropriate education, skills, and experience.

Typically, citizens, in an effort to save money, avoid large legal agencies, since the prices there are quite high, and turn to private specialists. You need to choose someone who has a good reputation and qualifications.

Responsibility of the parties

5.1. In case of violation of the deadline for payment for services established by clause 3.2 of this Agreement, the Contractor has the right to demand from the Customer payment of a penalty in the amount of _________% of the amount unpaid on time for each day of delay.

5.2. In case of violation of the terms for the provision of services established by clause 4.1 of this Agreement, the Customer has the right to demand from the Contractor payment of a penalty in the amount of (________) rubles for each day of delay.

5.3. For violation of other terms of this Agreement, the Parties are liable in accordance with the provisions of the current legislation of the Russian Federation.

The procedure for providing legal services

It is established by agreement. It must be carefully studied before signing. For comparison, you can find any contract for the provision of legal services on the Internet - a sample will demonstrate how the conditions have changed. If the presented form does not suit you or raises doubts, you can offer your own option. You can download the standard form on official resources or in legal reference systems.

The contract must stipulate what actions the contractor takes to achieve the goals set by the customer. If these actions are not outlined, and the result does not affect the need for payment, such an agreement is a dummy. The customer will not be able to protect his interests with it.

The customer has the right to demand that the performer complete the assigned task. If the contractor has not done his job, the agreement can be considered not concluded. But it will be difficult even for a lawyer to prove this. If the contract was not signed, proof is almost impossible.

Other conditions

6.1. This Agreement comes into force from the moment it is signed and is valid until the Parties fulfill all obligations under it.

6.2. Changes to the terms of this Agreement are possible by agreement of the Parties, drawn up in writing and signed by both Parties to this Agreement.

6.3. Disagreements related to the execution of this Agreement, if they are not settled by the Parties through negotiations, shall be resolved in court in accordance with the current legislation of the Russian Federation.

6.4. This Agreement, as well as information and documentation received during the execution of this Agreement, are considered confidential, and each Party undertakes not to disclose them without the consent of the other Party.

6.5. In all other respects that are not provided for in this Agreement, the current legislation of the Russian Federation shall apply.

6.6. This Agreement is drawn up in two copies having equal legal force, one for each Party.

Sample contract for the provision of legal services

You can find a standard contract for the provision of legal services here.

AGREEMENT

on the provision of legal services

Moscow October 15, 2020

LLC "YuristMosk" (legal agency), hereinafter referred to as the "Executor", represented by General Director Kononikhin Vitaly Sergeevich, acting on the basis of the Charter on the one hand, and OJSC "StroyMontazhExpert" (abbreviated name - OJSC "Stroy-Expo"), called hereinafter referred to as the “Customer”, represented by General Director Anatoly Alexandrovich Nikolaev, acting on the basis of the Charter on the other hand, hereinafter individually referred to as the “Party”, and collectively the “Parties”, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Customer instructs, and the Contractor undertakes, the obligation to provide legal services in order to collect the amounts of the principal debt, interest, penalties, legal and other expenses from the defendant - LLC "YuristMosk", OGRN - 3882993301283 dated March 11, 2002, INN - 8388298392, KPP – 882930234 (hereinafter referred to as the Debtor), in arbitration case No. A40-3488232 related to the collection of debt under the contract and other agreements concluded by the Customer with the Debtor (hereinafter referred to as legal services). Legal services under this agreement are provided in stages in the following order:

A. organization of pre-trial activities for the purpose of voluntary fulfillment by debtors of obligations under work contracts;

B. judicial representation in order to protect the legal rights and interests of the Customer as a party to construction contracts and award the Customer due under these contracts (in the manner of claim and writ proceedings);

B. Representation of the Customer’s interests at the stage of enforcement proceedings on judicial acts that entered into legal force as a result of the actions of the Contractor (clause “B”, clause 1.1 of the Agreement).

2. PROCEDURE FOR PROVIDING SERVICES

2.1. Within 5 (five) working days from the date of conclusion of this Agreement, the Customer provides the Contractor with the documents and information necessary for the latter to provide services under this Agreement. Documents are transferred and accepted according to the inventory signed by authorized representatives of the Parties. The Customer also issues powers of attorney to the Contractor’s employees for the right to represent the Customer’s interests before the Debtor, in court and at the stage of enforcement proceedings.

2.2. After receiving a package of documents from the Customer, the Contractor organizes pre-trial activities for the purpose of voluntary fulfillment by debtors (borrowers) of obligations under loan agreements, including:

— notification of debtors by telephone about the need to repay the debt;

— visits to the place of residence of debtors with delivery of notifications about the need to repay the debt.

2.3. If pre-trial measures against the debtor do not produce results, the Contractor proceeds to carry out measures to collect the debt in court. In this case, the Customer must pay the state fee at his own expense.

The responsibilities of the Executor include preparing all procedural documents, participating in court hearings, obtaining a decision or other judicial act, appealing a judicial act (if necessary), receiving a writ of execution, sending it to the bailiff service to initiate enforcement proceedings, taking actions, aimed at assisting bailiffs to complete enforcement proceedings by collecting awarded amounts in favor of the Customer.

3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

• Request from the Customer, if necessary, additional documents and information that may be needed to fulfill this Agreement.
• If necessary, submit to the Customer for approval a list of additional measures, the implementation of which, in the opinion of the Contractor, is advisable to achieve the goals of the cases currently in progress.
• Involve other organizations and individual specialists to carry out orders, accepting responsibility for their actions to the Customer.
• To defend the rights and interests of the Customer, to implement measures under this Agreement, with the same efficiency and degree of care, reasonableness and conscientiousness, as if the Contractor was defending its own rights and interests.
• Provide the Customer, at his request, with as complete information as possible on possible forms and methods of protecting rights and interests and (or) options for solving assigned tasks, as far as possible, based on the essence of the order, the circumstances of the case, the documents submitted and the Customer’s explanations.
• Suspend its activities on a specific task (instruction) until the Customer’s order in the following cases: failure to provide the requested documents by the Customer; receipt of conflicting instructions from the Customer or changes in the situation, which may negatively affect the achievement of agreed results.
• Return documents received from the Customer at his request in accordance with the inventory and signed by an authorized person. Documents submitted to the relevant state or municipal authorities in accordance with existing rules and procedures are not subject to return.
• Provide the Customer monthly, no later than the fifth day of the month following the month of provision of services, with a written report indicating the tasks received, activities carried out, and results achieved.

4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

• Provide documents (originals or copies), including powers of attorney, etc. in the number of copies stated by the Contractor.
• Provide additional materials (including documents) necessary for the Contractor to complete the task (assignment) given to him.
• Immediately report actions taken by debtors, cases for which were transferred to the Contractor for the entire period of validity of the contract (full or partial payment, claims, lawsuits, etc.)
• When the Debtor pays funds, send this information indicating the Debtor's data, the date of receipt of funds to the Customer's account and the amount of payment to the address: Moscow, st. South, 183/2.
• Pay for legal and other services on time and in the manner provided for in this Agreement.
• Pay the amounts of government duties and fees necessary for the execution of this Agreement. Other expenses incurred by the Contractor in connection with the execution of this Agreement are not subject to reimbursement by the Customer.
• If there are reasoned objections to the report, the Customer puts them in writing and sends them to the Contractor. If written reasoned objections are not sent within ten days, the services are considered accepted in accordance with the Contractor’s report.
• Receive any information about the progress of the execution of instructions given to the Contractor.
• Require a written report from the Contractor on the services provided.

5. COST OF SERVICES AND PAYMENT PROCEDURE

• For the services provided by the Contractor under this Agreement, the Customer pays the Contractor a remuneration in the amount of 30% (thirty percent) of the amount of debt repaid by the Debtor to the Customer with the assistance of the Contractor.
• The remuneration is paid monthly within 3 (three) working days from the date of approval by the Customer of the Contractor’s final report on the work done.
• The remuneration is paid by the Customer to the Contractor after receiving funds or other property from the Debtor.

6. RESPONSIBILITY OF THE PARTIES

• The parties to this Agreement bear responsibility in accordance with the current legislation of the Russian Federation.
• All disagreements between the parties that arise during the execution of this Agreement are resolved pre-trial, and if such a settlement is impossible, in the Moscow Arbitration Court.
• Neither Party will be liable in case of failure to fulfill its obligations that it could neither foresee nor prevent, such as: natural disasters (flood, fire, earthquake, etc.), social conflicts (national strikes, civil wars) etc.), as well as the publication of regulations that significantly complicate, limit or prohibit the provision of services provided for in this Agreement. The parties undertake to immediately notify each other of the occurrence of the circumstances listed above.
• For the disclosure of information that is confidential under the Agreement, the guilty party shall compensate for losses caused by the disclosure in full.

7. CONFIDENTIALITY AGREEMENT

• The Parties agree that, with the exception of information that, in accordance with the legislation of the Russian Federation, cannot constitute a trade secret of a legal entity, the contents of the Agreement, as well as all documents transferred by the Parties to each other in connection with the Agreement, are considered confidential and relate to the trade secret of the Parties, which is not subject to disclosure without the written consent of the other Party, except for the exceptions listed in clause 7.2. actual agreement.
• This restriction does not apply to information:

— subject to disclosure in accordance with the provisions of applicable law and the essence of the orders performed by the Contractor;

— generally known at the time of transfer, including those published or made known to an unlimited number of persons without violation of this Agreement and the fault of the Parties, their employees or contractors;

- already known to the other Party or that became known during negotiations or the implementation of any project without violating this Agreement.

• Each Party undertakes to use confidential information exclusively as part of the provision of services and to provide access to it only to persons directly involved in the process of their provision. The parties undertake to take all necessary measures to ensure that their employees, consultants, and contractors maintain the confidentiality of the above information and also protect it from loss and destruction.
• In cases provided for by law, materials related to confidential information may be presented to regulatory and law enforcement authorities based on a decision of the relevant competent authority. If one of the Parties becomes aware of the existence of the above decision, it is obliged to immediately notify the other Party in writing.
• Information about the fact of concluding this Agreement and its terms is not confidential and can be used by the parties without restrictions.

8. FINAL PROVISIONS

• In its activities, the Contractor is guided by current legislation and this Agreement.
• This Agreement comes into force on the date of its signing and is valid until September 1, 2020. The parties have agreed that if 30 calendar days before the expiration of this Agreement they did not express a desire to extend it, then the Agreement shall be considered automatically terminated as of September 1, 2020.
• Upon termination of the Agreement, the Contractor returns to the Customer all documents received from him according to the inventory within 10 (ten) calendar days from the date of termination of the Agreement.
• The Agreement was drawn up in Moscow in two copies having equal legal force, one for each of the Parties.
• A Party does not have the right to transfer its rights and obligations under the Agreement to third parties without the prior written consent of the other Party.
• The parties undertake the obligation to immediately notify each other of changes in details.
• If the details of one of the Parties change, it is obliged to immediately notify the other Party, provided that such a new address for correspondence can only be an address in Moscow. Otherwise, the Party’s fulfillment of obligations under the previous details will be considered proper fulfillment of obligations under the Agreement.

9. DETAILS AND SIGNATURES OF THE PARTIES

Executor:

• Legal address: 883902, Moscow, st. Sovetskaya, 103/3;
• Postal address: 883902, Moscow, st. Sovetskaya, 103/3;
• Phone fax;
• INN/KPP: 3723890382/993273823;
• Current account: 37237798983028349303;
• Bank: PJSC “BestBank” branch No. 5;
• Correspondent account: 37278739273492834923;
• BIC: 473277893;

General Director of LLC "YuristMosk"

____________________ (V.S. Kononikhin)

Customer:

• Legal address: 883901, Moscow, st. South, 183/2;
• Postal address: 883901, Moscow, st. South, 183/2;
• Phone fax;
• INN/KPP: 8832908328/38823903;
• Current account: 34772390382038405835;
• Bank: PJSC "OstBank" branch No. 4;
• Correspondent account: 48823890382392034592;
• BIC:

General Director of OJSC "Stroy-Expo"

___________________ (A. A. Nikolaev)

https://youtu.be/aMg73NVRvpw

Addresses and other details of the parties

Customer: ____________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

Performer: ________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

Signatures of the parties: Customer: Contractor: ______________________ ______________________ M.P.

Information on document execution is presented on the basis of the legislation and regulations of the Russian Federation in force in 2017

Source: ConsultantPlus