Contracts for provision of paid services: concept, types and sample

The legislation of Russia provides for many types of civil law agreements. Among them - the contract on paid provision of services. It can be concluded between citizens and between organizations.

Definition

The Civil Code of the Russian Federation defines contracts for the provision of paid services as an agreement, under which one party (the executor) undertakes to do something for another (the customer), which guarantees the subsequent payment of the result. Among lawyers, there is an opinion that such contracts will in all cases be paid, bilateral, and consensual - for the recognition of a deal that is concluded with sufficient verbal agreement.

As some experts believe, the contract of paid provision of services is an example of mutual trust of citizens. According to chapter 39 of the Code, such contracts can be concluded for the provision of services related to medicine, audit activities, consultations, communication and information technologies, tourism and training. Suffice it to spread this type of contract, such as a contract for the provision of legal services - legal advice, legal support. Of course, there can be other areas of interaction between the customer and the performer, not prohibited by law.

Obligations of the performer

Compensate provision of services within the framework of the contract implies a significant amount of duties assigned to the performer. Here are the main ones. First, the contractor is required to provide the customer with a full range of information about himself (for example, office address, license information, if necessary). Secondly, the contractor is obliged to render the service no later than the term specified in the contract. An exception may be cases where the delay arises from force majeure.

To the circumstances of the force majeure, as some lawyers say, the fact of unavailability of free-of-charge selling of certain tools and materials that the performer intends to use in the course of work on the order does not apply. Thirdly, the executor, according to Article 780 of the Civil Code of Russia, undertakes to render his services within the framework of the contract personally (although if the customer gives in, some of the work can still be transferred to third parties).

Rights of the customer

The customer, due to the fact that the contract implies the provision of paid services, is endowed with significant rights. Among them are the following. First, the customer, in the event of a delay, may require the executor to pay a daily penalty at a rate of 3% of the cost of providing services (this right is granted by the Consumer Protection Law). Secondly, even if the performer does his work on the contract in good faith and is within the time limit, the customer nevertheless has the full right to refuse further cooperation. Contracts for the provision of paid services are mandatory from the point of view of performance from beginning to end only for the performer. True, using this right, the customer must pay for the services already provided. It must also be borne in mind that the customer is obliged to notify the performer about the desire to refuse further cooperation in writing.

Features of the contract

Contracts for provision of services include several standard items. They should be written information on the timing of performance of the work of the contractor, as well as the order in which the customer pays for services. Some lawyers recommend fixing and the place where the performer will do his work. The document should contain a clause reflecting the subject of the contract and, if necessary, a list of specific actions that the performer is obligated to perform (or information about what kind of actions to be taken in accordance with the contract). It is important not to allow too vague or general language in the text of the contract. If it is unclear what exactly the executor is supposed to do, then the subject of the contract will be considered inconsistent.

Features of contracts related to medical services

Among lawyers, there is an opinion that the contract for paid provision of medical services has a distinctive character from other civil-law agreements of this type. The matter is that here we are talking about the simultaneous operation of several laws at once. The legal nature of contracts on medical services, as well as other similar contracts, suggests that they should be regulated by the norms of the Civil Code, in particular Chapter 39.

Medical activity can occur in two areas - where mandatory medical insurance is applied, and where rules and norms specific to voluntary insurance are used. The provision of medical services in the framework of civil agreements is, as a rule, based on a contract for the provision of medical and preventive care. The rights and obligations of the parties under this type of contract are regulated not only by the Civil Code of Russia, but also by the Law on Medical Insurance. As some lawyers say, the provision of services related to medical activities falls under laws related to the protection of consumers' rights.

Differences from the contract of the contract

The concept of a contract for paid provision of services differs from that for a contract providing for the performance of works under a contract. Therefore, as lawyers note, it is important to know about the delineation of these two types of agreements. The first thing they are dissimilar in is the subject. Under it, the contract contract is understood as the result in the form of something tangible, and in the contract for the provision of services is the result of some activity of the performer.

The Civil Code of Russia directly says that the object of the contract must be a tangible result (the creation of a new thing or the introduction of noticeable changes to the previous one). The factor of personal service rendering is very significant. According to Article 780 of the Civil Code, the contractor is obliged to render services on a paid work performance contract, and in accordance with Article 706 of the Code the contractor has the full right to apply for help in working on an order to third parties. What do we see? In addition to the fact that the specific types of contract for provision of paid services are completely different, this type of contract is significantly different from the agreement with a similar legal nature.

When is the contract recognized as fulfilled?

In the legislation of Russia, contracts for the provision of paid services are regulated by several types of norms. The fact of the fulfillment of the terms of the contract, according to the opinion of a number of lawyers, is fixed at the time of signing the acceptance certificate or the presence of other evidence. Examples of the latter are the oral testimony of third parties who could participate in the work or see how it is done, readings from various measuring instruments and the use of other technical means.

Evidence can serve as printouts of telephone conversations, information from electronic mailboxes, evidencing the exchange of agreements related to the contract. Moreover, in the opinion of a number of lawyers, the lack of criticism of the results of the work on the part of the customer can serve as evidence of execution. Some experts recommend that you still compose the acceptance-transfer acts to avoid possible misunderstandings in the course of cooperation between the customer and the performer.

Specificity of payment

After agreeing the act of acceptance, the customer must in any case pay the work of the performer. In some cases, contracts are prescribed for payment under certain conditions (for example, with such a court decision), but such points are most often recognized by the same courts as invalid, and the customer undertakes to pay for the performer's services.

By the way, if the work is done well, and the person who ordered it does not have any claims to it, then the fact of the executor's address to third parties is not of significant importance and can not be grounds for refusal to pay. At the same time, lawyers note, if the result of the work is and is acceptable to the customer, but there is evidence that the performer was not working (and not third parties at his request), this may already be grounds for refusal to pay.

Disclaimer of the services of the performer

According to Article 782 of the Civil Code of Russia, the customer can without explanation of reasons and unilaterally inform the contractor about his refusal of services. In the contract there can be no restrictions on this right. The only case when the customer can not refuse the concluded transaction - when the work is already done, and this can be something confirmed (or the acceptance certificate is signed).

Also, there are cases when a unilateral refusal to use services is impossible due to the specific nature of the subject of the contract (for example, if it is a question of providing communal services). If the customer uses his right to refuse the services of the performer, he must, first, notify the other party to the agreement, and secondly, stop using the services in fact. The contractor, in turn, has the right to demand compensation for the work already done (although it will be necessary to prove that the actions were aimed at the fulfillment of a specific order).