What is a contract
A contract is an agreement between two or more parties on establishment, modification or termination of civil rights and duties (article 420 of the Civil code of the Russian Federation). The Civil code lists the types of contracts. It is important to contract the provision of services. It can be concluded between legal entities, legal entity and natural person, as well as between individuals.
In writing or orally to enter into a contract
This contract can be signed between individuals, both in written form and in oral form. The latter form does not mean that the contract is invalid. The oral form may only complicate the process of proving its separate terms in the case of the proceedings in court.
Despite this, the legislation of the Russian Federation enshrines a list of treaties the conclusion of which is mandatory only in written form. To this list belongs the service contract to be concluded between natural persons, provided that the contract amount exceeds the amount of the minimum non-taxable income of citizens in twenty or more times.
The conditions of the contract for the customer
If you are a customer in the contract you must highlight a few points.
The subject of the contract
You need to clearly spell out all the details of the service provided.
Price and payment
If the service will provide you with the best payment option for you will pay after signing the act of rendered services (you will understand what you pay for). It is also possible to pay in advance. In this case, you can specify any percentage or determine the specific amount that you are willing to pay before commencement of the services. Order of payment can be anything, but it is worth remembering that the clearly stated terms will help to avoid unpleasant moments in proving his innocence in court.
The terms of services
Perhaps this is the main condition that is required to register. You need to specify very specifically. For example: "services must be completed before such date or service must be provided within a certain number of days with such a moment." An important feature of the contract services is the determination of the service period. It is not recommended to prescribe the term thus: "the Service must be completed within 5 days upon making payment." Courts of the Russian Federation interpreted this wording is ambiguous and there are cases where the contract is recognized null and void only because under this condition, terms are not agreed as one of the essential conditions of the contract.
The moment of signing the act of rendered services
If you are a customer, it is suggested to avoid inclusion in the contract of such terms as: "In the case of not signing by the customer of the act within 4 days from the moment of submitting it by the end of the services, the service is rendered properly and the claim will not be accepted". You can not make it this time to sign the act, for whatever reason, or the service will be provided, is not of good quality and you don't want to sign the act, but if such conditions will have to accept the job and moreover to pay for it.
Liability of the parties
Responsibility can be envisaged in accordance with the legislation and negotiate with the contractor more or less responsibility. If you are a customer it would be correct not to prescribe liability for delay of payment.
The conditions of the contract for the contractor
The subject of the contract
You need to clearly spell out all the details of the service provided.
Price and payment
If the service will provide you the best payment option for you will advance. You can provide 100% payment and any other, putting even the specific amount that you would like to obtain prior to the provision of services (so you can be sure that the customer wants your job). Order of payment can be anything, but it is worth remembering that the clearly stated terms will help you avoid the not pleasant moments in proving his innocence.
The terms of services
Time, you must also specify very specifically, as in the case of the contract with the customer. This option must be by analogy with the agreement of the customer.
The moment of signing the act of rendered services
If you are the executor, it is proposed to include the following condition: "In case of signing by the customer and not providing a reasoned refusal to sign the act within 4 days from the moment of submitting it by the end of the services act is signed by the parties, and the service is rendered properly and the claim will not be accepted". The wording in the contract will protect you from unscrupulous customers who do not want to pay for your services.
Liability of the parties
Responsibility can be envisaged in accordance with the legislation and negotiate with the customer a larger or smaller amount of responsibility. If you're a performer would be correct to prescribe liability for delay of advance payment, and finally for delay calculation.