As indicated by Article 779 of the Civil Code, under the contract for the provision of services, the contractor accepts the obligation to perform certain actions on the instructions of the customer. The latter, in turn, must pay for the work done. Subjects conclude an agreement in writing about this.
Document structure
When making a transaction, the subjects negotiate first of all Essential terms of the service contract. In Belarus and the Russian Federation there are similar provisions regulating the structure and form of the agreement. At the discretion of the parties, the document is divided into paragraphs, paragraphs or other parts. A bulk agreement can have several sections:
- The preamble.
- Essential terms of the service contract.
- Additional provisions.
- Details of the parties.
Each of them may contain subsections.
Preamble and Details
These sections make up the beginning and end of the document. The construction of these sections in all agreements is carried out according to standard rules. First, the document number is indicated. The legislation does not establish a mandatory requirement on its instructions. However, the agreement number will be relevant to supervisory authorities.
It is advisable to indicate the name of the document. The name of the settlement, as well as the date of registration are written in one line. It is mandatory to indicate in the details: the name of the organization, registration number, PSRN, TIN, etc. The data must coincide with the information provided in the charter documents. As a rule, a bank account and contact information are indicated in the details. In some cases, one of the participants does not act directly, but by proxy. This should be noted in the agreement. 
Essential terms of the service agreement
In Belarus and the Russian Federation, as indicated above, there are similar rules governing such agreements. In this regard, when considering the key points of the agreement, we will take into account Russian legislation. First of all, it should be said that material terms of the service agreement have special legal significance. It consists in the fact that in the absence of key points, the agreement will be considered non-concluded. In practice, general and special essential terms of the service contract.
Period of execution
Defining essential terms of the service contract, It is necessary to be guided by articles 779-783, 730-739 and 702-729 of the Civil Code. According to Art. 783, the general rules on the contract, household are applied to the agreement, including, if this does not contradict the norms 779-782 and the particulars of the subject of the transaction. Meanwhile, the possibility of applying some of the provisions mentioned above is causing controversy.
As indicated in article 708, inReal terms of service agreement clause on deadlines is included. In particular, the parties agree on the start and end dates of the agreed actions. In practice, the decision on whether to consider the deadlines as essential terms of a service contract depends on the possibility of applying the provisions of Article 708 of the Civil Code. The execution period should be understood as the time period within which the obligated person performs or will have to carry out the agreed actions in order to obtain the corresponding result. Often the deadline is confused with the duration of the agreement. 
Thing
It is the activity of the contractor or the result that was ordered to him. In practice, defining withReal terms of service agreement, It is extremely important to establish the subject of the agreement.Otherwise, the transaction may become invalid. As an object, according to Article 779 of the Civil Code, actions / activities carried out by the contractor on behalf of the customer act. This circumstance distinguishes a service contract from a contract agreement.
The document should indicate the specific actions that the performer should perform. For this, the following shall be established: a list of works, their scope and type, place of execution, objects to which they are directed. In significant terms of the contract for the provision of medical services Included is a payment item. The parties must clearly determine for what, in what amount and in what order the customer transfers the funds.
Achievement of a result
It is not included in the subject matter of the agreement. This feature of the contract for the provision of services is stated in the Constitutional Court’s Decree of 2007. Determining the normative content of the agreement and singling out certain actions as an object, the legislator is guided by the fact that even within the framework of one particular type of work the result for which the transaction is concluded is not can always be achieved due to objective circumstances. However, in one case or another, it may well be obtained.
Accordingly, for example, setting Essential terms of the audit contract, the parties may include in the duty of the contractor to produce an opinion. It will act as the result of committed actions - verification of documentation.
A different situation arises when the parties determine Essential terms of the legal services fee. In such a situation, the result desired by the customer may not be achieved.
Some difficulties arise when the parties to the transaction determine the essential terms of the contract for transport services. The result of the transportation of goods is their delivery to the destination address within the agreed time. In this case, the transport company is responsible for the safety of the facilities. When transporting food, it is far from always possible to deliver them in the same form that they were sent. The parties must specify these points separately. 
Action list
When concluding an agreement, it is very important to specify the work that the contractor will perform. When making a transaction, in accordance with paragraph 2 of the 779th article of the Civil Code, the parties are entitled to give a specific name for the actions and the name of the field of activity in which they are included. For example, defining Essential terms of an educational services agreement, participants indicate that the contractor undertakes to conduct training in general programs under the GEF. The list enshrined in paragraph 2 of the 779th article is not considered exhaustive. Participants in the turnover can draw up agreements for the implementation of any actions, including those not regulated by regulatory enactments.
Important point
It should be noted that the description of services in the contract should be detailed. When specifying the type of activity, the parties should reflect the concrete actions of the contractor in the agreement. For example, setting essential terms of the contract for the provision of communication services, the parties to the transaction determine that the contractor provides the subscriber with the necessary technical means, guarantees their high-quality functioning and eliminates the arisen malfunctions. In the absence of a list, the subject of the agreement is recognized as inconsistent. Accordingly, the transaction will be deemed not concluded and will not generate obligations and rights for participants.
Scope of action
Its indication is necessary to calculate the value of the remuneration of the performer. In legislation, the concept of "scope of services" is missing. Accordingly, it can be determined by the parties independently, on the basis of a list of actions that the contractor must carry out as part of the transaction. So, fixing Material terms and conditions of the contract, the contractor sets the tariffs for telephone calls. If the subscriber needs Internet access, payment is recalculated. As a rule, operators offer their customers ready-made packages that include certain services in one or another volume at different prices. 
Additional items
They are not considered mandatory, but their availability greatly facilitates the interaction of counterparties. Additional services include: price and term of the contract, quality of work. The cost is determined by the tariffs applicable in the area or established by the customer. It should be noted that changes to the essential terms of the service contract, as well as additional items, are carried out exclusively by mutual agreement of the parties to the transaction. The validity of the document is limited to the fulfillment of the obligation.
The parties, specifying the responsibility of each other, are given the opportunity to demand an amount of compensation commensurate with the violation. If the relevant consequences are not provided for in the agreement, but are fixed by law, in the event of a dispute, the court will limit itself to minimal sanctions or the return of funds that usually cover real damage.
As for the quality of services, this concept is very relative. Concretizing it is quite difficult. However, in some areas there are special protocols that determine the proper quality of work. An example is educational services or the activities of health organizations.
Random Items
They are not fixed by law or other regulatory acts. Random conditions are effective only when included in the contract. In this they differ from the additional clauses specified by law and are valid regardless of whether they are in the agreement. A random condition can be called a way to fulfill the obligation. 
Common mistakes
When drawing up contracts for the provision of services, as a rule, the following shortcomings are encountered:
- Incorrect indication of details of the parties, names of counterparties.
- Inconsistency of material conditions.
- Establishment of a clear advantage of one of the parties. For example, an agreement may include a clause on the possibility of unilaterally waiving obligations if there is a direct prohibition on this in the legislation.
- Reference to an oral agreement not documented.
Nuances
When making a deal, the parties need to determine how to resolve potential conflicts. As a rule, counterparties stipulate that conflicts are resolved by negotiations. In case of failure to reach agreement on a particular issue, an appeal to the court is provided. If the dispute is resolved pre-trial, the parties to the transaction draw up an agreement. It sets out the disputed clause of the main contract in a wording acceptable to the parties.
This procedure applies to cases of spelling errors, typos. The rules also apply if material conditions are inconsistent. If there is an oral agreement between the parties, they must be included in the text of the main agreement, otherwise they are not valid.
Termination of relationship
There are several signs of termination of the contract. For example:
- Relations between contractors may be terminated by mutual agreement.
- The termination of the contract is due to the performance of the obligation.
- Termination of relations is associated with the termination of the agreement.
The legislative framework
It is formed primarily by the Civil Code. It contains the fundamental provisions governing the provision of services. In addition, the legislative framework includes sectoral federal laws. The relevant regulations apply to specific relationships. For example, it may be the Federal Law "On Education", "On Information", "On Health Care" and so on.These acts contain provisions specifying and supplementing the basic norms of the Civil Code.
In addition, to ensure the proper implementation of legislation, the Government and other authorized bodies adopt orders, orders, and decisions. Separate acts may provide for sample contracts (standard forms). Based on them, specific agreements are drawn up with specific consumers.
Transaction Procedure
Contracts for the provision of services are executed, as mentioned above, in writing. It involves the compilation of a single document with details and key points. At the same time, at the conclusion of the transaction, the parties can execute two securities and exchange them. The presence of conditions, their content is confirmed by negotiations, correspondence of the parties through electronic or other communication channels, allowing recording information exchange.
A draft agreement is sent to the address of the counterparty. The recipient may refuse to accept it. A transaction will be deemed completed if the second participant has sent consent. As a rule, the second copy of the agreement with the seals and signatures of the customer is sent. The first remains with him. This copy should also bear the seals and signatures of authorized persons.
If a citizen acts as a consumer, then in the column of details he puts down information about the passport. Individual entrepreneurs must indicate the data of the state registration certificate. The agreement takes effect at the time of transfer of the second copy.
Consent Features
If the counterparty has not sent a response to the offer to conclude a transaction, it shall be deemed that it has been rejected. The law stipulates that in some cases, the absence of an answer can be regarded as consent, if this is expressly indicated in the norms. The provisions of the Civil Code also stipulate that a transaction may be considered concluded if the counterparty has performed at least one action aimed at fulfilling the terms of the contract. For example, an operator’s offer is accepted by filling out an application form provided by the company. The consumer indicates information about himself, receives a copy of the agreement and a SIM card.
Conclusion
In some cases, the contractor proposes to draw up an accession agreement. He suggests the following. An additional agreement is drawn up to the main contract, which specifically stipulates a number of conditions. The consumer must either accept it or refuse the transaction completely. In other words, the conclusion of the main contract is associated with the execution of the supplementary agreement. Specialists recommend treating such transactions with great caution. Before their conclusion, it is advisable to consult with a lawyer.