The contract for the provision of services for money is, at first glance, one of the simplest agreements that are continuously applied in the Civil Code of the Russian Federation. But in reality this is only apparent simplicity. When carrying out various services in legal relations between the parties, their own questions of a specific nature often arise, which require specific explanations. Along with this, a general understanding of the agreement must be a consistent and holistic tool. Consider the essential terms of the service contract.
The specifics of the terms of the contract for the provision of services
Speaking about the specifics of the current requirements, it is necessary to begin consideration of this agreement with its essential terms and nuances, which are closely related to them. It is worth recalling that the most essential terms of the agreement are those that are mandatory for contracts of this type, that is, it turns out that this is a kind of legal minimum that is necessary to give the document legal force. Without this, the contract can be considered non-concluded. So, what are the essential terms of the contract for the provision of services?
The law provides only for the correct determination of the purposefulness of the contract, which is implemented by establishing in the document the conditions that determine the specific type of service provided. This serves as a general rule, which, however, can be slightly adjusted by regulatory and industry acts. The main essential condition of the contract for the provision of services is the term. About it further.
Actually, based on legislative requirements and judicial practice, in order to qualitatively agree on the conditions on the subject of an agreement, it is necessary to write down in the text what kind of actions necessary for the commission are in question.
Below are the essential terms of the service contract for the Civil Code of the Russian Federation.
What is determined by the contract?
To this end, both parties in the text of the document should establish and determine:
- list of types of services;
- total volume of the provided service;
- if necessary a place;
- objects for which services are provided are also fixed if required.
In accordance with the Civil Code, the essential terms of the contract for the provision of services must be strictly observed.
Thus, the first thing you should pay attention to is to establish the subject of the agreement for the provision of services, as well as the sequence of actions of the contractor, or at least it is important to introduce the type of activity that he will have to carry out. Along with this, in judicial practice, such cases arise when it is enough to indicate only the type of activity to determine the purpose of the contract. However, under such circumstances, namely the presence of two different legal positions of the courts, it is best to proceed from the most negative option and, if possible, enter into the agreement specific actions of the executor and their sequence.
The essential terms of the service contract are of interest to many.
Basic conditions
The content of any document expresses a set of mutually agreed upon by both parties necessary nuances. In addition to the conditions, the text of the agreements includes the preamble, details, address and signatures of the participants. In terms of importance, all conditions may be:
- significant;
- ordinary;
- random.
The subject of a substantial group contract is usually the intangible services provided by the contractor by agreement.The conditions of the document on the provision of services in relation to the subject carry clarity and clarity and are necessarily agreed by the parties directly in the text of the contract. The term for the provision of services is an essential condition of the contract.
The time frames allocated for the execution of this agreement are determined by mutual agreement of the parties. Despite the fact that the law does not contain any specific rules on the terms of a document of onerous provision of a service, its definition is essential for the ability of a customer to demand the implementation of a service. In the absence of essential terms of the contract for the provision of services, it will be considered non-concluded.
In the agreements of an additional group, the price is not formed based on legislative acts. There are a number of documents available in the form of tariffs, price lists and so on, which mainly come directly from the contractor. As a rule, VAT is included in the price of the service. But on the basis of a contract for the provision of services by an individual, the value of the paid work will be calculated without taking into account the corresponding tax. Depending on the type of taxation of the participants, the value added tax or existing grounds for exemption from VAT are entered into the agreement. According to the document, the organization or the customer transfers and pays to the budget the amount of personal income tax, which was withheld from remuneration for an individual, and insurance payments to the Pension Fund of the Russian Federation and the compulsory medical insurance service. It should be noted that the necessary contributions to the Social Insurance Fund (FSS) will not be charged on the amount of remuneration paid. What else are the essential terms of the service contract?
Service quality
The services dictated by the contract, the contractor must provide in person, unless otherwise specified in the terms of the document. The quality of the service provided by the contractor must comply with the requirements of the document. The customer undertakes, in a timely manner and in the strict manner prescribed by the terms of the contract, to take the actions taken together with the contractor. The absence in the agreement of the onerous provision of the service of all the above additional requirements does not entail the recognition of the document as an invalid instrument, but is only some instrument that can provide additional success in the transaction.
This is not all about the essential terms of the service contract for the Civil Code of the Russian Federation.
A random group of conditions are those that are part of the agreement solely at the mutual discretion of the participants. These random requirements either complement the usual nuances or change their general shortcomings, which are fixed in the law. In the event that a random requirement is absent in the text of the contract, this in no way affects the validity and relevance of the document. Thus, paper drawn up for the provision of services for a fee may include any random points at the discretion of the parties to the transaction. The essential terms of the educational services agreement will be considered in the article.
Nuances in concluding service contracts with examples
The Civil Code of the Russian Federation provides for such types of services as medical, audit, consulting, educational, tourist services, information tools and so on. When drawing up an agreement on the provision of paid services, it is customary to indicate the name of the respective services as well as the area of activity included in this list as the type of activity. The whole point is that the names of certain actions within a specific activity can be determined through the application of regulatory and legal acts that regulate the necessary service.For example, the contractor is obliged, according to the instructions of his customer, to carry out an audit in the field of financial statements for 2013, and his opponent must pay for these services at specific times and in the manner prescribed by the relevant agreement.
The parties must agree on the content of all reporting in the assignment of the customer.
Description of services
Be that as it may, the description of the services should be as detailed and complete as possible. This is also required by the essential terms of the contract for the provision of medical services. In the future, this can help to avoid various problems with the counterparty regarding the execution of the agreement. When specifying the type of activity, it is advisable to fix in the contract those or other specific actions that the contractor will necessarily have to carry out as part of his duties. For example, the provision of services in the field of consultations may include drawing up a written opinion on this matter, studying the situation set by the customer, as well as answers to any questions of the opponent in the area discussed by the parties, and so on.
The basic meaning of introducing conditions on the subject of volume into the agreement for the provision of services for a fee is that it quite easily allows both sides of the document to use this indicator for calculations aimed at remunerating the performer.
An essential condition of the contract for the provision of services is the place.
Place of provision of services
There is a certain legal provision, according to which in a number of specific cases it will not be enough just to list the actions of the contractor, it sometimes happens that it is also necessary to indicate where these measures will be taken, that is, it is important to additionally determine the location of the services. Although in their direct sense the place of their provision is not considered a mandatory and essential condition of the agreement, therefore, the absence of such will not entail the recognition of the document as invalid. Along with this, in order to correctly implement both sides of their obligations, this nuance is better not to ignore. The essential terms of the legal services agreement can be attributed here.
If you need to determine the location of the services, you can, for example, use the location of the contractor, of course, unless otherwise provided by law or other legal acts, and also does not contradict the customs of business circulation.
In some cases, services may be in the form of actions or activities aimed at some specific object, for example, the protection of a certain room. In such a situation, to fully agree on the conditions on the subject of the agreement, it would be logical to include information about the object in the document, which will complement the provided description of the provided service. For example, the contractor must provide cleaning services for the customer’s offices, which are located at some address. In this case, it is necessary to indicate the location of the premises, also enter the room numbers and reflect the total area in square meters, and the customer will certainly be required to pay for these services in the time and manner dictated by the document established and accepted for execution. We examined what are the essential terms of the service contract.
Minor conditions for the provision of services
Separately, it is worth mentioning that it is not the essential terms of the agreement. This is due to the fact that often the so-called service or services, in the role of a legal category, are confused with the work being done. It is important to know that in the legal sphere, these concepts are not identical, despite the fact that in the domestic plane they are often considered synonyms.
In the process of carrying out the work, the parties focus on the result and results of the activity, while the process itself is most important when providing the service, and its immediate result may in general lose value for the parties to the agreement. When providing services, the final indicator of work is of a social nature, which must necessarily be expressed in some way. And as part of the provision of services, the final result is basically absent.
But it should be borne in mind that this cannot automatically mean that the result itself is not found in contractual agreements when providing services in principle. This is not prohibited by law, but for both parties in the documents on the provision of services for a fee, the specific activities of the performers are considered priority. Despite this, the parties, of course, at their discretion, of course, have the right to include conditions on the result in the document. Russian judicial practice today proceeds from the fact that, in essence, the legal obligations of the executor include not only certain activities, which is a requirement of a law of an imperative nature. They also combine the ability to provide the customer with the results of the opponent’s actions, for example, clarifications on legal issues and written consultations, as well as draft agreements, statements, complaints and so on.
Reason for demarcation
The main practical implication of the distinction between these concepts - work and services - is that they are inherent in various essential conditions. For an agreement to provide services for a fee, this is the subject of the contract, which is expressed mainly by indicating in the document the scope and type of services, that is, determining the direct actions of the contractor. For various types of contracts, important conditions are the price, the amount of labor and the time frame for its implementation.
Educational services
In the case of the provision of paid services related to education, the parties should rely on the "Law on Education in the Russian Federation." The essential terms of such an agreement include:
- subject - paid educational services (educational activities at the expense of individuals);
- main characteristics of education (areas of training);
- form of training;
- cost - should not be changed after signing the contract;
- duration of study.
The contract is terminated upon completion of training and upon early termination.
Medical services
Essential terms of the contract for the provision of medical services for a fee:
- The subject is the provision of medical services. Under such a service is understood measures aimed at treatment, diagnosis, disease prevention.
- Quality of services - medical services should be allowed on the territory of the Russian Federation, approved by standards.
- Responsibility of the parties.
- Conditions for obtaining medical services - compliance with standards, the main consumer properties of services, methods of diagnosis and treatment, types and properties of materials, anesthesia, guarantee of quality of services.
- Settlement procedure - the patient must pay for the services provided to him.
- Rights and obligations of the parties.
- Duration of work (services).
Legal services
The essential terms of this type of contract are the specific scope, type of legal services.
Legal services may include: conducting written and oral consultations on legal issues, paperwork, representation in court, preparation for court hearings, representation in criminal proceedings, clarification of various situations from the standpoint of protecting the interests of clients, examination of documents, legal research.
The lawyer must have a certain freedom of action, this is the difference from other contracts.
The quality of services is affected by the professionalism and knowledge of the contractor.
Sometimes disputes arise between the contractor and the customer, when, for example, a condition for a guarantee is included in the contract for the provision of legal services, for example, winning a case in court. This is wrong because a lawyer cannot guarantee the full result.
Legal services are diverse, and often their exact cost is not determined. Then the price of services is prescribed in the contract approximately, it should be specified in the future. But also with the agreement of the parties, the amount of the lawyer's remuneration may be included in the contract.
We reviewed the essential terms of the service contract.