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Contract for the provision of consulting services: sample and detail about paper design. Agreement on the provision of consulting services

Tomatoes

A permanent lifting standard of a person is accompanied by one continuous process, namely progress. Not all business representatives or activities have time to adapt to the changed trends in their fishery, which is poured into the loss by the client or total profits.

Avoid such unpleasant events is easy - it is enough to use the services of consulting. In today's article, it will not be delighted in the particular services of such services, but consider the main point of interaction between the customer and the Contractor regarding the preparation of the Service Agreement. Interesting? Then be sure to familiarize yourself with the material below.

- Quite a common and frequently signed document in the jurisprudence of the Russian Federation. The essence of this agreement is simple - the Contractor undertakes to fulfill certain actions on the task of the Customer, and the last for these procedures should pay the Contractor to the fixed amount of funds.

Despite the entire specificity of consulting, the contract of its provision of special differences from typical agreements does not have this kind. This document is characterized by a number of typical features:

  1. It is either on an oral basis at the request of the parties to the transaction (if the cost of the service provided does not exceed 10,000 rubles), or in the form of written.
  2. In most cases, consulting services are not issued in the form of household services (interaction of the company-kosnalting with a common citizen), and in the form of commercial relations (the interaction of consulting company with another company), so the form of the contract has a full view. For other circumstances and the use of household services, an ordinary receipt may appear.
  3. Notarization of the contract for the provision of consulting does not require.

Separately, it is worth noting that when using the receipt agreement during the provision consulting services Confirmation of payment occurs by the provision of cash receipt or other paper confirming the moment of translating funds from the customer to the Contractor.

Other features do not have such agreements and, in general, are prepared as analogous to standard contracts for the provision of services.

About consulting services - in video:

The main provisions of the Treaty

Service Treaty - Frequently Signed Document

The contract for the provision of consulting services has three mandatory items, in the absence of which it will not be legal force. To speak more precisely, we are talking:

  • On the subject of the contract, that is, specific actions that the performer must fulfill for the customer. In our case, these actions are consulting on specific issues of specific groups of persons.
  • On the terms of the provision of services, respectively, when and until what period of time they should be rendered.
  • About the nature of the transaction - it is compensated or gratuitous. It should also indicate the order, conditions and deadlines of the payment, if the form of the contract is paid.

In addition, the following points in his text will reflect the following points in its text:

  1. requirements for services provided;
  2. place of execution of the required actions;
  3. list of persons who undertake to implement these services;
  4. responsibility of the sides of the transaction for ignoring their obligations;
  5. the right of the artist to attract third parties to fulfill the services prescribed in the contract.

As practice shows, in the field of consulting services, extended forms of contracts are not found - often they contain only a list of marked items. However, it is worth understanding that at the request of the parties the list of conditions for each of them can be significantly expanded.

In addition, the legislator does not prohibit compile additional or sublunctors to the already existing consulting service agreement. In any case, the decision on the use of similar subtleties takes the parties to the transaction and are not exactly definitely, so you will not sharpen attention on them.

Sample

Agreement for the provision of consulting services: Sample

Now, when the essence and general principles of documenting the document are considered, it will not be superfluous to consider its typical example. The consulting contract has the following standard sample:

Treaty No. 123213.
on paid provision of consulting services

Consulting-Pro OJSC represented by the official representative - Ivanov Ivan Ivanovich, operating on the basis of the General Power of Attorney (hereinafter referred to as the "Contractor"), and Business-Masters OJSC in the person of the director of Peter Petrova Petrovich, acting on the basis of the Company's documentation (referred to In the future, the "customer"), entered into this Agreement with the points below.

About the subject of the agreement

The customer instructs the Contractor, and the last, in turn, assumes obligations on the execution of three consulting events. The Contractor undertakes to fulfill the required actions, and the customer will pay those according to the conditions of this contract.

The reception of the work is carried out by written to the parties of the transaction due to the features of the services provided.

Terms of services:

  • the beginning of consulting - July 15, 2017;
  • end of consulting - July 20, 2017.

The place of rendering complies with the address of the Customer marked in the "Data Parties" paragraph of this Agreement.
All expenses for the implementation of the commitment assigned to the Contractor are fulfilled by the remuneration obtained according to the terms of this agreement.

And the rights of the performer

The performer must:

  1. Consulting the company's members at the earlier address noted in the room "12" 15, July 17 and 20, 2017 in accordance with the terms of this contract. Consulting duration - 2 hours.
  2. Consult the company's members on the promising development of corporate business.
  3. Answer all questions arising from the company members during the consulting event.

The artist is entitled:

  1. Check out the customer all the information you are interested in.
  2. Customer Responsibilities and Rights

The customer must: on time and fully pay the services of the Contractor.
The customer has the right to: interact with the Contractor regarding consulting services provided.

Financial aspects of the transaction: the cost of the executive services is 60,000 rubles. Remuneration is awarded to the Contractor personally in hand at the end of the provision of consulting services from its part.

Responsibility of the parties: The parties of this contract undertake to fulfill all obligations imposed on them. Otherwise, the person who broke the order undertakes to pay to its opponent on a deal of 30% of its value.

Dispute Resolution Process: All controversial issues arising between the Parties to this Agreement are solved according to the text of the Agreement and the current legislation of the Russian Federation.

Data side

Customer: Address - Pyatigorsk (Russia), ul. Soviet 35a, details - 5335353535345353 (LS).
Artist: Address - Pyatigorsk (Russia), ul. Bougie 34, details - 3232332332333423 (LS).

Signatures of the parties of the transaction:

Customer - "!"
Artist - "!!!"

As you can see, there are no special difficulties in its compilation. We hope today's material was useful for you and gave answers to questions of interest. Good luck in the organization of legal relations!

Sample (typical form)

The concept of consulting (consulting) services

Consulting on a variety of business activities (accounting, in the field information technologies, tax, marketing, legal) occupies a significant place in any business, because The success of any business directly depends on the adoption of the right decisions on the promotion of goods and services, and documenting the commercial activities of any entrepreneur and legal entity.

Legal definition of such terms as "consultation", "consulting (consulting) services", "consulting (consulting) activity" No, so let's try to give them yourself.

Consultation - This is a type of information that is provided by persons who have special knowledge in one or another area in the form of the Soviets, recommendations and expertise to customers in various fields of activity.

Consulting (consulting) services - These are activities in the provision of services in the form of advice, recommendations and expertise in various fields of activity.

The purpose of the provision of consulting services is the information provided in the form of clarification or recommendations.

Consulting activities - This is a combination of services related to intellectual professional activities of consultants, in the course of which the consultant provides objective and independent advice and recommendations aimed at servicing customer needs.

Consultants can be both organizations (consulting, audit, banks, insurance, educational) and individuals.

Consultant - This is an individual carrying out professional activities In a specific area of \u200b\u200bconsulting services, having special knowledge, skills, skills and responsible profession qualification requirements.

Significant terms of the contract for advisory and consulting services

The agreement of the provision of consulting (consulting) services is a type of contract for the provision of services. This means that the relations of the parties under the contract of compensated services are governed by Chapter 39 of the Civil Code of the Russian Federation. According to article 783 of the Civil Code, general provisions on the contract (Article 702 - 729 of the Civil Code) and the Regulations on the Household Control (Articles 730 - 739 of the Civil Code are applied, if this does not contradict the special standards of this contract (Articles 779-782 of the Civil Code) , as well as the features of the subject of a compensated service provision.

By agreement of compensated advisory and consulting services The Contractor undertakes to task the Customer to provide services (make certain actions or implement a certain activity), and the Customer undertakes to pay these services (paragraph 1 of Article 779 of the Civil Code of the Russian Federation).

IT administration;

management of commercial activities.

It is not essential condition for the price of the services provided. In the absence of such condition in the contract, the price is determined by the rules of paragraph 3 of Art. 424 GK (clause 54 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 6, the Plenum of the Russian Federation N 8 dated 07/01/1996), i.e. At a price, which, under comparable circumstances, is usually charged for similar goods, works or services.

Other features of the contract for advisory and consulting services

    The contract must be concluded in simple writing (clause 1 of article 161 of the Civil Code).

    The general provisions are applied to the contract (art. Art. 702 - 729 of the Civil Code) and the provisions on the domestic contract (Art. Art. 730 - 739 of the Civil Code), if this does not contradict the norms of ch. 39 GK, as well as the features of the subject of the contract for the provision of legal services (Art. 783 of the Civil Code).

    Insofar as:

    • the result received from the service can not be seen and swelling;

      the service itself is consumed at the time of providing the Customer;

      the service is considered to be rendered after signing the act of acceptance of services rendered services;

      for accounting and tax accounting purposes, it is necessary to prove the fact of the provision of services,

    therefore, the registration of primary documents is important both for the customer and for the artist.

    To reflect the services, the main documents are:

    Services on the provision of services;

    Account (invoice) of the Contractor;

    Payment documents.

Typical form of a contract for the provision of consulting and consulting accounting services

saint Petersburg "__" ________ 201__

LLC "Romashka", referred to as "Customer", represented by the Director General ________________, acting on the basis of the Charter, on the one hand, and LLC "_______", hereinafter referred to as the "performer", represented by the director Ivanova I.I., Based on the Charter, on the other hand, have concluded this Agreement on the following:

What errors make most often in the preamble of the contract

1. The Subject of the Agreement

1.1. The Customer charges, and the Contractor assumes personally to provide services in the field of accounting and preparation of accounting and other statements in accordance with the Tax Code of the Russian Federation and the Law No. 402-FZ "On Accounting", PBU and approved forms and explanations of the Ministry of Finance of the Russian Federation and the FTS RF:

    oral and written consultations of the Customer on the issues of its current economic activity;

    accounting of customer accounting;

    maintaining tax accounting of the customer;

    reporting according to the results of the financial and economic activities of the "Customer" for the corresponding period in the amounts established by regulatory acts in the Russian Federation, providing State bodies, other users.

1.2. The customer undertakes to accept and pay for services.

What errors do most often in the subject of the contract

2. Responsibilities of Party

2.1. The customer must:

2.1.1. pay the services provided by the Contractor in accordance with the terms of this Agreement;

2.1.2. ensure timely provision by the Contractor with all information and primary documentation necessary to provide services;

2.1.3. Provide services for the provision of services by issuing appropriate attorney and / or authority.

2.2. The Contractor must:

2.2.1. provide services in a timely and efficient;

2.2.3. apply under the provision of legal and objective methods and funds;

2.2.3. provide services in a timely manner in full.

3. Procedure for the provision of services

3.1. The Contractor has the right to involve third-party services to provide services under this Agreement, while complying with the terms of this Commercial Secret Treaty (Confidential Information), in coordination with the customer.

3.2. If the Customer within 3 (three) working days from the date of receipt of the Act of the Services does not send the Contractor signed an act or motivated objection, then the services rendered are considered to be adopted by the Customer in full.

3.3. Customer's objections in terms of the volume and quality of services rendered must be reasonable and contain specific references to the inconsistency of the services of the results. At the same time, the parties are obliged to immediately agree the conditions for eliminating this complaint.

3.4. Services under this Agreement not provided for in paragraph 1.1., Are issued by an additional agreement.

4. Cost of services and settlement procedures

4.1. The cost of services of the artist is _______ (_____________________) rubles per month, including VAT _________________ per month.

4.2. The customer pays the performer monthly in paragraph 4.1. This Agreement amount no later than the 10th day for the current month.

4.3. Payment is made by transferring funds from the Customer's current account to the executive account on the basis of the invoices. The obligations of the customer for payment are considered to be fulfilled since the receipt of funds to the account of the Contractor.

4.4. In case of unlawful refusal of the Customer from the signing of an act of acceptance of services, the payment period for this act comes the day after the date on which the service acceptance act should be signed.

4.5. After signing this Agreement, the Customer lists the Contractor an advance payment in the amount of the monthly fee.

The start of providing services is determined by the date of receipt of the first advance payment.

What errors do most often when formulating the procedure for calculations

5. Privacy

5.1. The Contractor undertakes not to use the information obtained under this Agreement, in order to directly or indirectly damage to the Customer and / or to obtain any advantages and benefits during the term of the contract.

5.2. Confidential information does not include information that is attributed to the existing legislation to the category of open and disclosure of which is imputed to the obligation to the customer.

7.3. This Agreement is considered to be concluded and enters into force on the receipt by the Contractor of the relevant advance payment and is valid until the parties fulfill its obligations under this Agreement. In terms of unfulfilled obligations, this Agreement continues to operate in the case of its termination to full and appropriate execution by the parties to these obligations.

7.4. Any changes and additions to this Agreement are valid only under the condition that they are made in writing and signed authorized by representatives of the parties. Annexes to this Agreement make it an integral part.

7.5. The rights to use the results of services under this Agreement in any form belong to the Customer, the transfer of service results to a third party can be implemented by the Contractor only in coordination with the Customer.

7.6. In all other cases not mentioned in this Agreement, the parties are guided by the provisions and norms of current legislation.

7.7. This Agreement is drawn up in two copies, one for each side, both copies are equally legal.

7.8. To the contract attached:

7.8.1. Act of service acceptance services

8. Legal addresses of the Parties

Current account number __________________________ in the bank _______________

Artist: _______________________________ (address of location)

current account number __________________________ in the bank _______________

SIGNATURES OF THE PARTIES:

Appendix N 1.
to the contract is paid
Providing advisory (consulting) services

Act of acceptance of services rendered

_____________ "__" ________ 201__

LLC "Romashka", referred to as the "Customer", represented by the Director General ____________________, existing on the basis of the Charter, on the one hand, and the online advice of online, referred to as the "performer", represented by the director Ivanova I.I., acting on The basis of the Charter, on the other hand, amounted to this act of acceptance and delivery of services rendered (hereinafter - the Act) under the contract of compensated provision of legal services N ___ from "___" ___________ _____ (hereinafter referred to as the contract) on the following.

    In accordance with paragraph 1.1 of the contract, the Contractor in the period from "__" _______ ___ in "__" _______ ___ Г. I fulfilled the obligations to provide services, namely the following services provided to the customer:

    • ________________________________________

      ________________________________________

    The above services are fully implemented on time. Customer

g. ________________ "__" _______ 201_

In the face of ___________, acting ___ on the basis of ___________, refer to the following "performer", on the one hand,

and _________________ in the face _____________, acting ___ on the basis of ___________, refer to ___ In the future, "Customer", on the other hand, have concluded this contract of consulting services, hereinafter - "Treaty", as follows.

1. THE SUBJECT OF THE AGREEMENT
1.1. The customer charges, and the Contractor assumes obligations to provide consulting services for the customer. The customer undertakes to pay for the services of the Contractor in the amount provided for by this Consultation Services.
1.2. The materials of the Customer necessary to fulfill the contract are transmitted by the Contractor.
Upon completion of the provision of services or early at the request of the customer, the Contractor returns materials on the act of reception - transmission.
1.3. The artist executes the results of consultations in the form of a conclusion.
1.4. For the provision of services under this Agreement of consulting services, the Customer pays the Contractor a remuneration in the amount of the procedure and the timing established by this Agreement.
1.5. The Contractor guarantees the lack of contractual and other relations with the Customer's competitors (the list is attached), which could have an impact on holding and the result of consultations. The Contractor guarantees its scientific and material independence in the implementation of this Service for the provision of services.
1.6. Term of the provision of services:
start: "___" _________ 201_,
ending: "___" _________ 201_ year.
1.7. Services are found at the location of the artist (___________). If you need to travel to other settlements, the Customer pays for the passage and accommodation of the Contractor at the rate of:
- Tickets: ________________________________________;
- accommodation (hotel): ________ rubles per day;
- Food: _______________________ rubles per day.
1.8. All expenses related to the implementation of this Consulting Service Agreement performer carries independently due to its remuneration.

2. Responsibilities of the Contractor
2.1. The Contractor undertakes:
- advise the customer on financial and economic issues;
- inform the customer about economic and financial condition ____________ in __________ (specify the region of interest);
- to analyze the prospects for investing Customer's funds in ___________________;
- ensure the confidentiality of the information transferred by the Customer;
- monthly report to the customer about the fulfillment of obligations under this Agreement in the form of written and verbal reports;
- provide other services at the request of the customer under this Consulting Service Agreement.
- provide customer service personally and with proper quality;
- not to copy, do not transfer and not to show third parties from the Contractor of the Customer's materials;
- to submit to the Customer written reports on the provision of services under the contract of consulting services;
- Represent to the customer materials and conclusions in electronic form on magnetic media. According to the results of the services - written materials and conclusions;
- at the request of the Customer to participate in the negotiations and defend its opinion on the conclusion;
- give, if necessary, at the request of the Customer explanation to interested persons, including state, scientific, design organizations, according to the report provided by the Contractor in accordance with this Agreement.
2.2. The performer has the right:
- receive from the customer any information necessary to fulfill its obligations under this Agreement;
- receive remuneration for the provision of services under this contract of consulting services.

3. Customer duties
3.1. The customer undertakes:
- Determine for the Contractor concrete results for the Customer's production activities under this Agreement;
- pay for the services of the Contractor in accordance with this Agreement;
- if necessary, to give the performer with a power of attorney to carry out the necessary actions to obtain information necessary for the customer;
- During the term of the contract of consulting services, not to enter into relations with third parties on the subject of the contract.
- to provide the Contractor the source materials and information;
- pay the services of the Contractor in the manner, deadlines and on the terms of this Agreement of consulting services;

"__" ____ 2014

In the face of _______, acting on the basis of _______, hereinafter referred to as the "performer", on the one hand, and _______ in the face of _______, acting on the basis of _______, hereinafter referred to as the "Customer", on the other hand, hereinafter referred to as "Parties", concluded This Agreement, in the future "Treaty", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with the terms of this Agreement, the Contractor on behalf of the Customer undertakes to provide consulting services on the topic "_______" (hereinafter - services) according to the technical assignment (Appendix No. 1), and the Customer undertakes to pay these services in the manner and within the deadlines established by this Agreement. Under the Communication Strategy, the parties understand the document (program) of the Customer's public communications, developed on the basis of studying the opinion and requests of the target audiences of the Customer, determining the executor of the goals and objectives of the Customer's communication strategy, mechanisms and methods of its implementation.

1.2. The Contractor has the right to attract third parties to provide services under the contract. In all respects with third parties, the Contractor speaks of his own behalf, at his own expense and on its risk.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.2. At the request of the customer, inform the latter about the provision of services.

2.1.4. Ensure the quality of services provided during the execution of their obligations under this Agreement.

2.1.5. Forbidden for third parties involved in the execution of this Agreement.

2.1.6. To inform the Customer in a timely manner of all significant changes that affect the fulfillment of the terms of this Agreement.

2.1.7. Immediately inform the customer in the event of circumstances that slow down the course of the provision of services or make further provision of services impossible.

2.1.8. Do not disclose information and data obtained during the provision.

2.2. The performer has the right:

2.2.1. Require payment provided services.

2.2.2. With the consent of the customer to provide services early.

2.3. The customer undertakes:

2.3.1. Make calculations with the Contractor in the amount of and within the time established by the Treaty.

2.3.2. Provide the Contractor the information necessary to fulfill its fulfillment.

2.4. The customer has the right:

2.4.1. Require from the Contractor to provide a written report on the implementation of this Agreement.

3. The price of the contract and the procedure for calculations

3.1. The total cost of services under this Agreement is determined by the parties in accordance with the costs of the costs of services (Appendix No. 2) to the Treaty.

3.2. Payment of services rendered is made in non-cash in the ruble of the Russian Federation.

3.3. The date of payment is the date of writing off the cash from the Customer's account.

3.4. The customer pays an advance in the amount of ___% of the cost of providing services, including VAT (18%) - within ___ working days after the signing of the contract. The artist must transfer the account to the Customer for the payment required for the payment and invoice. Crowd from the Contractor in the transfer of payment for payment is the basis for the customer to detain the payment in proportion to the delay time of the Contractor.

3.5. The customer must pay the remaining part in the amount of ___% of the cost of services within ___ working days after the provision of services, signing the parties to the Act on the provision of services, transfer to the Customer of the Documents required for the payment of payment (invoice for payment and invoice within the period established by law for invoice invoice). The delay from the artist in the transfer of documents is the basis for the customer to detain the payment in proportion to the time of delay by the Contractor.

3.6. The performer is quarterly no later than ___ the number of the month following the reporting quarter, directs the Customer to the Customer's address, decorated with its act of reconciliation. The Customer for ___ calendar days from the date of receipt of the act of reconciliation, produces a reconciliation of calculations between the parties, if necessary, draws up a disagreement protocol and returns one copy of the adequate act.

3.7. The change in the cost of services agreed by the parties can be made only by agreement of the parties in the form of an additional agreement to the Agreement.

4. Procedure for providing services

4.1. In the case of attracting third parties to the contract, the Contractor assumes obligations to be liable to the customer for the fulfillment of all conditions of this contract.

4.2. The contract with the company must be provided for the Customer's right to check and monitor the activities of the co-appliance and for the fulfillment of the company's fulfillment of any obligations adopted under the Agreement. The Contractor monitors monitors and is responsible for their actions, as well as for the execution of the contract as a whole.

4.3. The clerk is obliged to fulfill the requirements of the customer, similar to the performer. The Contractor is responsible for ensuring the services and co-validizers to meet the requirements of the Customer and the current regulatory documents.

4.4. Customer for ___ working days from the date of receipt of the service on the provision of services undertakes to sign an act or send the Contractor a motivated refusal to the list of necessary improvements compiled in writing. In the case of a motivated refusal of acceptance of the services rendered services within ___ calendar days, the minutes of coordination of the necessary improvements, order and timing of their implementation.

5. Quality of services

5.1. The Contractor undertakes on the first request of the customer (immediately) to eliminate the identified disadvantages, if the process of providing services is made to retreat from the terms of the contract, worsening the quality of services.

6. Terms, procedure and conditions for acceptance of services

6.1. The artist at the date of the end of the service is obliged to notify the customer about this, transfer the scanned copies of documents confirming the fact of providing services, electronic communications to the email address: _____. Originals of documents confirming the fact of the provision of services (signed by the Contractor of the Acts on the provision of services) should be sent to the Customer no later than ___ calendar days, considering from the date of the end of the provision of the service, but in any case to ___ of the number of the month following the month of the provision of services.

6.2. Documents confirming the fact of the provision of services must be decorated in the name of the Customer. In case of failure to submit the necessary documents, the Customer notifies the contractor. The performer is obliged within ___ calendar days from the date of receipt of this notification of the Customer, but no later than ___ of the month following the month in which the services were rendered, to present the missing copies of the documents to the Customer, which does not exempt the Contractor from the responsibility provided for in paragraph 7.1 of this Contract. If you have errors and other inaccuracies in these copies of documents, the Customer notifies the Contractor about this within ___ calendar days from the date of receipt from the Contractor copies of documents confirming the fact of the provision of services. In such a notification, the Customer must specify a way to eliminate errors and other inaccuracies in these documents. The Contractor is obliged within ___ calendar days from the date of receipt of this notice from the Customer to eliminate errors and other inaccuracies in such documents and submit copies of such corrected documents to the Customer, which does not exempt the Contractor from the responsibility provided for by paragraph 7.1 of this Agreement.

6.3. Upon receipt by the Contractor from the Customer, the amounts of partial payment on the account of the provision of services The Contractor must provide the Customer decorated in accordance with the legislation of the Russian Federation an invoice no later than ___ calendar days, considering from the date of receipt from the Customer the amount of partial payment on the service of the service, but no later than ___ The month following the month in which the performer received the amount of partial payment from the customer.

7. Responsibility of Party

7.1. For violation by the Contractor of the fulfillment of obligations to provide documents in accordance with clauses 3.6, 6.1, 6.2, 6.3 of this Agreement, the Contractor - on the basis of the written request of the Customer - is obliged to pay the customer a penalty (penalty) in the amount of the 1/360 refinancing rate of the Central Bank of the Russian Federation (valid for the start date The delay in the fulfillment of the obligation) from the cost of services for each day of delay specified in paragraph 3.1.

7.2. The Contractor is responsible for the actions of the personnel involved in the provision of services under the contract.

7.3. If the service is provided by the Contractor with deviations from the contract, worsened the result of the Services, or with other disadvantages, the Customer has the right to demand from the Contractor to eliminate the deficiencies within a reasonable time, commensurate a decrease in the price of the service, compensation for the customer to eliminate the deficiencies incurred by the customer.

7.4. In case of delay in payment of the payment provided by the Customer pays the penalty in the amount of the 1/360 accounting rate of the Central Bank of the Russian Federation for each day of delay from the amount unpaid on the term.

7.5. In case of violation by the Contractor's obligations under the contract, the Customer has the right to unilaterally refuse to fulfill the contract and demand from the performer of damages.

7.6. In the event of a violation of the provision of services, the Customer has the right to recover from the Contractor of the penalty in the amount of ___% of the value of the services not provided for every day of delay until a complete elimination of the violation.

7.7. In the case of poor-quality provision of services under the contract, the Customer has the right to recover from the Contractor in the amount of ___% of the value of poor-quality services. The cost of poor-quality services is defined as the value of these services in accordance with the terms of the contract, if they were rendered properly.

7.8. Payment of the penalty does not exempt any of the Parties to the Treaty on proper execution of its conditions in full.

7.9. The responsibility of the parties in other cases is determined in accordance with the legislation Russian Federation.

7.10. In the event of a violation by the Contractor obligations under the contract, the Customer has the right to refuse to fulfill the contract and demand damages from the performer.

8. Action of force majeure

8.1. If for any part of the fulfillment of obligations under the contract, it became impossible due to the onset of the circumstances of the force majeure, understood by the parties as they are determined by the current civil legislation of the Russian Federation, the fulfillment of obligations under the contract for such a part is moved to the time during which these circumstances will act force majeure.

8.2. The Party for which the impossibility of fulfilling the obligations under the Agreement due to the onset of the circumstances of the force majeure, should notify the other party in writing for ___ days from the day of the onset of such circumstances, and if the circumstances themselves impede such a party to notify the other side - immediately to terminate such circumstances. Proof of the presence of the circumstances of force majeure and their duration is the corresponding written evidence of the state authorities of the Russian Federation.

9. Compliance with the conclusion of the contract

9.1. The performer assures the customer and guarantees him that:

  • it is entitled to make a deal on the terms of the contract, exercise its rights to have their own duties under the Agreement, and no restrictions will not be assigned to the Contractor's management authorities to the authority of the Contractor on the conclusion and execution of the contract;
  • the authorities / representatives of the Contractor, enter into an agreement, are given to the authority to its conclusion, all necessary permits and / or approval of the Contractor's management bodies were obtained, and the conclusion of the contract, they do not violate any of the provisions of authorized, internal documents and decisions of the management bodies;
  • if, during the term of the contract, any changes will occur in the authorities / representatives of the Contractor, or a change in the authorities / representatives of the Contractor will occur, the Contractor undertakes to provide the Customer with the relevant documentary evidence. If, in connection with the above changes, permission will be required and / or approval of the Contractor's management bodies, the Contractor undertakes to make every effort to obtain appropriate permits and / or approval of its management bodies and provide these permits and / or approval. The risk of adverse effects of non-submission of documentary confirmation is carried by the Contractor.

9.2. If it turns out that any of the assurances and guarantees given by the Contractor in the contract does not correspond to reality or the Contractor will not fulfill the obligations taken on themselves in accordance with paragraph 9.1 of the Treaty, the Customer has the right to refuse to fulfill the contract and demand from the performer of damages in full size. The recognition of an invalid agreement (or part of it) does not entail the invalidity of the Regulation on the right to compensation for damages, which is considered by the Parties as a separate agreement on damages in the event of non-fulfillment or improper fulfillment by the Contractor undertaken in accordance with paragraph 9.1 of the contract, which resulted in recognition invalid contract or part of it in court.

10. The procedure for resolving disputes

10.1. All disputes arising from the contract or in connection with it, including those concerning its implementation, disorders, termination or reality are solved by the parties through negotiations.

10.2. In case of non-marketing disputes through negotiations, such disputes are transferred to the Arbitration Court of _____.

10.3. In the case of a trial applies the right of the Russian Federation.

11. Terms of service. CONTRACT TIME

11.1. The Contractor undertakes to provide services provided for in Claim 1.1 of the Treaty, within ___ calendar days from the date of signing by the Parties to the Agreement.

11.2 This Agreement comes into force from the moment of signing by both parties and is valid until the parties execute in the full obligations provided for by the Agreement.

11.3. The termination (termination of the term) of the Agreement does not exempt the parties from liability for violations, if such took place in the execution of the terms of the contract.

11.4. Early termination of the contract may occur by agreement of the parties or on the grounds provided for by the legislation of the Russian Federation and the Treaty. The Party, which decided to terminate the contract, sends a written notice to the other party for ___ days (except in cases of one-sided refusal of the execution of the contract provided for by law and the contract).

12. Final provisions

12.1. During ___ calendar days from the date of the conclusion of the contract, the Contractor undertakes to the application of the agreements of individuals for the processing of their personal data (Appendix No. 4) - to disclose (provide) to the customer information about the owners (nominal owners) of shares / shares / shares: artist in shape, Provided by Appendix No. 3 to the Agreement, indicating the beneficiaries (including the final beneficiary / beneficiary) with the provision of confirmation documents. In the event of any changes in information on the owners (nominal owners) of the share / shares / shares of the Contractor, including beneficiaries (including the final beneficiary / beneficiary), the Contractor undertakes within ___ calendar days from the date of the onset of such changes to provide the Customer with updated information. With the disclosure of relevant information, the parties undertake to process personal data in accordance with Federal Law No. 132-FZ dated July 27, 2006 "On Personal Data". The provisions of this Party of Party recognize a significant condition of the contract. In case of non-fulfillment or improper fulfillment by the Contractor of the obligations provided for in this clause, the Customer has the right to terminate the contract in one-sided extrajudicial order.

12.2. All notifications and messages should be sent in writing.

12.3. In the rest, which is not provided for by the contract, the parties are guided by the current legislation of the Russian Federation.

12.4. The contract is drawn up in two copies, of which one is at the customer, the second is the performer.

12.5. Attachments to the contract:

  • Appendix No. 1 is a technical task;
  • Appendix No. 2 - Calculation of the cost of services;
  • Appendix No. 3 - a form of certificate about the chain of owners of the company;
  • Appendix No. 4 is a form of consent to handling personal data.

13. Legal addresses and bank details of the parties

Artist JUR. Address: Postal address: Inn: PPC: Bank: races / score: Corr. / Account: Beach:

Customer Yur. Address: Postal address: Inn: PPC: Bank: races / score: Corr. / Account: Beach:

14. Signatures of Party

Artist _________________

Customer _________________

Document type:

  • Treaty

Currently, with the development of entrepreneurial activities, consulting services are gaining increasingly popularity. Relationships on the conclusion of the contract of consulting services are governed by civil law. In this article we will analyze in detail the civil law aspects of the management of these relationships.

By virtue of Article 779 of the Civil Code of the Consulting Service Agreement is the subspecies of the general agreement on the provision of services. If you wish to conclude a contract, it is necessary to know that it should be concluded in simple writing, that is, there is no need for notarization.

At the conclusion of the contract, it is necessary to make sure whether essential conditions are met. The main substantial condition is the indication of a specific service provided. Without specifying this condition, the contract will be considered not disconnected.

It should also be borne in mind that for a certain type of contracts, for example, for the Treaty of Tourist Services, other significant terms of the contract are indicated.

It is necessary to know that the results must be indicated in the contract, namely, what the customer will calculate on the results of the provision of consulting services. Often, the result is written advice or written analysis of a specific document.


Based on the analysis of judicial practice, the Parties should also indicate the following conditions:

    Types of services

    The volume of services rendered

    Quality of services rendered

    Price rendered services

    Deadlines to which services should be rendered

The above conditions are the most violated in contracts, in connection with which, below, we will look at how to protect themselves to protect yourself when conclusted.

The quality of the services rendered:

The parties have the right to agree on the quality of services in the contract, namely certain criteria that the quality of services must comply. The definition of such conditions protects both the customer and the performer, both sides will know exactly what to expect from the execution of the contract.

In the contract you can specify:

    requirements for the qualifications of the Contractor.

    in what form it is necessary to express the result of the consultation.

Requirements for the quality of services can be formulated by the Customer independently or are developed jointly with the Contractor and are listed directly in the contract or annex to it.

Rights and responsibility of the parties

A clear wording of responsibility in the Agreement is a guarantee of parties to obtaining reimbursment. In the event that one of the parties violated the terms of the contract, the victim is entitled to the recovery of property sanctions on the other side.

Responsibility for violations of the consulting service agreement can be established in the form:

  • payment of penalty for improper performance or non-fulfillment of obligations under the contract.

To coordinate the condition of responsibility, the parties are recommended to determine the grounds for bringing to responsibility, as well as its volume.

To resolve disputes, the parties may be provided in the contract a complaint procedure for resolving disagreements, as well as a judicial order. The current procedural legislation provides for a negotiability. The concept of "jurisdiction", implies what exactly the court, the party whose rights are broken, has the right to apply. For example, the parties may provide for an appeal to the court at the location of the plaintiff or at the location of the defendant. Among other things, the parties can choose the consideration of the dispute in the arbitration court.