On the customer's task to provide services. The contract for the provision of services: how to make up without errors. Transportation is divided by

By virtue of Article 779 of the Civil Code under a compensated service contract, the Contractor undertakes to provide the customer to provide services (make certain actions or implement a certain activity), and the customer is to pay these services. To the essential conditions of the contract for the compensated provision of services, the legislator refers the subject of the contract, that is, the view (list) of services, those concrete actions that by virtue of Art. The 780 Civil Code of the Russian Federation, the Contractor must commit for the customer. According to paragraph 1 of Article 781 of the Civil Code, the Customer is obliged to pay the services provided to him within the time limit and in the manner specified in the contract.

"The courts, partially satisfying the initial claims, proceeded from the fact of providing the plaintiff's services under the contract, which is confirmed by bilateral acts of acceptance of work. Since the service provided by the plaintiff was adopted by the defendant without comments and objections, the defendant lacks grounds for non-payment of accepted services "- Resolution of the Arbitration Court of the Moscow District dated December 1, 2014 No. F05-13410 / 2014 in case No. A41-53417 / 13

"In accordance with the terms of the contract No. 03-06 / 06-0534 of 10/27/2006 (clauses 5.1.2, 5.1.3, 5.1.4), the defendant as a landlord pledged to produce overhaul of property, to provide advisory and other assistance in order to provide advisory and other assistance in order to Use of rented property, provide a qualified operator for the entire operating time of the mobile power plant.

Evidence confirming the execution of these obligations to the period declared in the lawsuits, not submitted, "- Resolution of the Arbitration Court of the Moscow District of 31.10.2014 N F05-7184 / 13 in case No. A40-125364 / 12-157-1189

Article 780 of the Civil Code of the Russian Federation does not indicate whether it is necessary to confirm the execution of the contract for the compensated provision of services to compile acts of acceptance. The absence of an acceptance act in itself does not indicate that the services were not rendered. The fact of the provision of services can be confirmed by other evidence. (Resolution of the FAS of the Moscow District dated 17.04.2013 in case No. A40-32464 / 12-55-301). After providing services, the act of their provision may not be subscribed, despite the fact that its design is provided. The fact of the provision of services can be confirmed by other evidence. (Resolution of the FAS of the Volga District of June 28, 2012 in case No. A49-5634 / 2011).

The performer is not entitled to judged the Customer to sign an act of acceptance of services rendered, and may only require their payment, proveing \u200b\u200bthe fact of their provision (Resolution of the FAS of the Moscow District from 13.05.2011 N kg-A41 / 3777-11 in case No. A41-27081 /10). The current legislation does not provide for a unified form of an act of acceptance and transferred services, so the parties freely determine its content. The only limitations are contained in Art. 9 of the Federal Law of 06.12.2011 N 402-FZ "On Accounting" Act of acceptance and transmission must contain all the necessary details, in particular the name of the document, the date of its compilation, the name of the organization, on behalf of which a document is drawn up, the content of the economic operation, indication of the names , name, patronymic of persons who signed documents, personal signatures (Resolution of the FAS of the Moscow District of 31.05.2012 in case No. A40-97436 / 11-144-856).

Meanwhile, the current legislation does not provide for the mandatory content of the acceptance of service acceptance (Resolution of the FAS of the Ural District of July 19, 2010 No. F09-5329 / 10-C3 in case No. A60-3285 / 2010-C5). The act of acceptance must contain a list of all works or performed by the Contractor for the provision of services (definition of you of the Russian Federation of 07.08.2009 N you-9587/09 in case No. A31-4774 / 2008-20).

Act of acceptance and transmission that does not contain a specific list of services provided by the Contractor can be recognized as appropriate proof of the fact of their provision, if he is signed by the Customer without comments and, taking into account the subject of the contract of compensated service provision (Resolution of the FAS of the Moscow District of 06.02.2013 in the case of N A40 49151 / 12-159-445). The act of acceptance and transmission is not appropriate evidence of the provision of services, if it does not comply with the requirements provided for in the contract (Resolution of the FAS of the Moscow District dated 01.04.2010 N kg-A40 / 2201-10 in case No. A40-80853 / 09-34-636) . The act of acceptance must allow us to assess the commensuity of the cost of the services provided by the Contractor of their volume and complexity. (Definition of the Russian Federation of 08.07.2009 N you-8433/09 in case N A40-63064 / 08-5-562). If acts of acceptance and transmission contain contradictions, they cannot confirm the provision of services. Act of acceptance-transmission not containing a reference to the contract confirms the provision of services under this contract if there is no evidence of the availability of other contractual relations between the parties to provide similar services (Resolution of the FAS of the North-Western District of August 16, 2010 in case No. A56-38965 / 2009 ).

Under the compensated service contract, the Contractor undertakes on the task of the Customer to provide services (make certain actions or implement certain activities), and the Customer undertakes to pay for these services.

The contract for the provision of services is a consensual, bilateral and compensable.

The subjects of the contract for compensated service provision are the Contractor (Service Performer) and the Customer (Service Provider). The GC does not contain any special requirements for the subject of the obligations on compensated service provision. However, special rules are established to provide certain types of services. Thus, the activities on the provision of communication services, audit, medical and some other are subject to compulsory licensing.

Typical contract

SERVICE AGREEMENT

_________________ «___» __________ 20 __

________________________________

(Name of the organization or FUL

acting on the basis of _____________________________________________, referred to as "Customer", and __________________________________,

(Name of the enterprise or FUL

acting on the basis of _____________________________________________,

(charter, position, power of attorney)

in the future, the "performer", they concluded this Agreement on the following.

1. The Subject of the Agreement

1.1. According to the compensated service contract, the Contractor undertakes to provide the customer of the services specified in paragraph 1.2 of this Agreement, and the Customer undertakes to pay the ordered services.

1.2. The Contractor undertakes to provide the following services:

__________________________________,

__________________________________,

__________________________________.

hereinafter referred to as "services".

1.3. The term of work with "__" ______ 20 __ G. to "__" ______ 20 _ The artist has the right to fulfill work ahead of schedule.

1.4. Services are considered rendered after signing the act of acceptance of services by the customer or its authorized representative.

2. Rights and Obligations of the parties

2.1. The Contractor undertakes:

2.1.1. Render adell quality services.

2.1.2. Remiss services in full and within the period specified in paragraph 1.3. actual agreement.

2.1.3. At the request of the customer, it is free to fix all the identified disadvantages for ____ days.

2.1.4. The performer is obliged to perform work personally.

2.2. The customer must:

2.2.1. The customer is obliged to pay for the work at the price specified in paragraph 3 of this Agreement, during _____ days from the date of signing the act of acceptance of services.

2.3. The customer has the right:

2.3.1. In any time, check the course and quality of work performed by the Contractor, without interfering with its activities.

2.3.2. Refuse to fulfill the contract at any time before signing the act, paying the Contractor part of the established price is proportional to the part of the services rendered before receiving the notice of the customer's refusal from the execution of the contract.

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

3.1. The price of this contract consists of remuneration to the Contractor in the amount of _________ (____________) rubles. And the sum of the costs of the performer in the amount _________ (____________) rubles.

3.2. The price of this Agreement is: _________________________ rub.

3.3. Payment by the Customer Contractor Prices is carried out by transferring funds to the computational account of the Contractor specified in this Treaty.

4. Responsibility of Party

4.1. For a violation of the service life specified in paragraph 1.3 of this Agreement, the Contractor pays the Customer a fine of ___% of the amount of the contract and the penalty at the rate of ___% of the amount of the contract for each day of delay.

4.2. The responsibilities of the parties not provided for in this Agreement are applied in accordance with the norms of civil legislation in force in Russia.

4.3. Payment of the penalty does not exempt the performer from the execution of lying on it
commitments or elimination of violations.

5. The procedure for resolving disputes

5.1. Disputes and disagreements that may arise in the execution of this Agreement will be resolved by negotiation between the parties.

5.2. In case of the impossibility of resolving disputes by negotiations, after the implementation by the legislation, the preparation of the pre-trial settlement of disagreements transfer them to be considered in ________________ Court.

6. Final provisions

6.1. 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.

6.2. This Agreement is drawn up in two copies in Russian. Both specimens are identical and have the same strength. Each party has one instance of this Agreement.

1.2. The Contractor undertakes to provide the following services: __________________________________,

(List services)

Hereinafter referred to as "services".

1.4. The deadline for performing work with "__" _________ 20 ___ to "__" _________ 20 ___. The performer has the right to fulfill work early.

Services are considered rendered after signing the act of acceptance of services by the customer or its authorized representative.

Rights and obligations of the parties

2.1. The Contractor must:

Render services with appropriate quality.

Render services in full within the period specified in paragraph 1.4 of this Agreement.

2.1.3. All identified disadvantages at the request of the customer for free of charge, if the Contractor made a retreat from the terms of the contract, the worsening quality of work during _______ days.

The performer is obliged to perform work personally.

2.2. The customer must:

2.2.1. Pay work at the price specified in paragraph 3 of this Agreement, within _____ days from the date of signing the act of acceptance of services.

2.4. The customer has the right:

In any time, check the course and quality of work performed by the Contractor, without interfering with its activities.

Refuse to fulfill the contract at any time before signing the act, paying the Contractor part of the established price is proportional to the part of the services rendered, made before receiving the notice of the Customer's refusal from the execution of the contract.

Contract price and settlement procedure

3.1. The price of this contract consists of:

3.1.1. Remuneration to the Contractor in the amount ______________________________________ руб.

(sum of figures and in words)

3.1.2. The sum of the costs of the performer in the amount of __________________________________________________________ руб.

(sum of figures and in words)

3.2. The price of this Agreement is: ______________________________________ руб.

(sum of figures and in words)

Payment by the Customer Contractor Prices is carried out by transferring funds to the computational account of the Contractor specified in this Treaty.

Responsibility of side

4.1. For a violation of the service life specified in paragraph 1.4 of this Agreement, the Contractor pays the Customer a fine of ___% of the amount of the contract and the penalty at the rate of ___% of the amount of the contract for each day of delay.

The responsibilities of the parties not provided for in this Agreement are applied in accordance with the norms of civil legislation in force in Russia.

Payment of the penalty does not exempt the performer from the fulfillment of obligations lying on it or eliminate violations.

Settlement of disputes

Disputes and disagreements that may arise in the execution of this Agreement will be resolved by negotiation between the parties.

5.2. In case of the impossibility of resolving disputes by negotiations, after the implementation by the legislation, the procedure for pre-trial settlement of disagreements transfer them to ___________________________________________________________________

(specify the name and location of the arbitrator, arbitration

______________________________________________________________________________________.

or national court selected by the parties to resolve disputes)

Final provisions

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.

This Agreement is drawn up in two copies in Russian. Both specimens are identical and have the same strength. Each party has one instance of this Agreement.

Addresses and bank details of the parties

Customer _______________________________________________________________________

Artist ____________________________________________________________________

(address and bank details)

Signs and Press Parties

Customer executive __________________________

(signature) (signature)

PLEDGE AGREEMENT

Contract pledge N ____

g .____________ "___" ___________ 200___

_______________________________________________________________

(Name of the pledger)

person ________________________________________________________

(position, surname, name, patronymic)

Subject of contract

1.1. The Contractor undertakes to task the Customer to provide the following services:

methodical guide _____________________________________________ Practice of students _____ course of specialty / direction on OPOP __________________________________ In the amount of _____ hours in accordance with the order of __ ____________ 20__ ______________

1.2. Term of the provision of services: from __ ____________ 20__ at __ ____________ 20__

1.3. The service must meet the following requirements: the Federal State Educational Standard of Higher Education, the FGBOU standard in NGPU on the organization and conduct of professional practices, practice program.

2. Responsibilities of Party

2.1. The customer undertakes to pay for the services rendered in accordance with the terms of this Contract.

2.2. The Contractor undertakes to provide services qualitatively and within the time limits provided for
p. 1.2. Contract.

3. Cost of services. Order of settlements

3.1. For the services rendered under this contract, the Customer pays the Contractor a remuneration in the amount of ____________________________________________ (________________).

3.2. Remuneration is paid at the same time after signing the acts of acceptance of the services provided by the Parties. The specified amount is subject to taxes in the prescribed manner.

3.3. Payment is made in cashless manner by transferring the amount due to the Contractor's account in a credit institution or through the University's cashier.

4. Procedure for acceptance of services

4.1. Service acceptance is made in accordance with clause 1.1. Contract. Acceptance of services is issued by a bilateral act of acceptance of the services rendered, which is signed by the authorized person of the Customer and the Contractor.

4.2. In the case of a motivated Customer's refusal to sign an act of acceptance of services rendered by the parties, a bilateral act with a list of necessary improvements or shortcomings in the design of documentation, their fulfillment of their implementation are drawn up.

4.3. To verify the quality of the quality of the services rendered, the requirements established by the contract and applications to it, the Customer conducts an examination. Examination of results can be conducted by the Customer on their own or its conduct may be involved experts, expert organizations.

4.4. In the absence of the Customer, claims for the number and quality of services rendered to the Customer within 3 (three) working days sign an act of acceptance of services rendered, invoice. After that, the services are considered to be the customer rendered by the Contractor. These documents will be considered and "expert opinion" when conducting an examination with its own forces, the compliance of the services established requirements is confirmed by the signature of the responsible person in the acceptance documents. If the expertise is conducted by a specialized expert organization, then the conclusion is drawn up according to the form established in this organization.


Responsibility of side

5.1. The parties are responsible for violating obligations assumed in accordance with the current legislation of the Russian Federation.

5.2. In case of delay in execution by the Customer of the obligations provided for by the Contract, as well as in other cases of non-fulfillment or improper fulfillment by the Customer of the obligations provided for by the Contract, the Contractor has the right to demand the payment of contest (penalties, penalties). Penalty is charged for each day of delay in the fulfillment of the obligation provided for by the contract, starting from the day next after the expiration date of the obligation established by the contract. Such a penalty is established by a contract in the amount of one three hundred acting on the date of payment of the penalties of the refinancing rate of the Central Bank of the Russian Federation from the amount not paid on time. Penalties are charged for improper performance by the Customer of the obligations provided for by the Contract, with the exception of the delay in the fulfillment of the obligations provided for by the Contract. The size of the fine is established by the contract in the form of a fixed amount defined in the manner prescribed by the Government of the Russian Federation.

5.3. In case of delay in execution by the Contractor (including a guarantee) provided for by the Contract, as well as in other cases of non-fulfillment or improper execution by the Contractor provided for by the Contract, the Customer sends the Contractor to the claim for the payment of condom (fines, penalties).

5.4. Penalty is charged for each day the execution of the executor of the obligations provided for by the contract, starting from the day next after the day of the expiration of the obligation established by the contract, and is established by a contract in the amount of 10 percent of the contract price reduced to the amount proportional to the amount of obligations provided for by the contract and in fact executed by the performer.

5.5. Penalties are charged for non-fulfillment or improper performance by a contractor provided for by the contract, with the exception of the delay in fulfillment by the Contractor (including the warranty) provided for by the contract. The size of the fine is established by the contract in the form of a fixed amount defined in the manner prescribed by the Government of the Russian Federation.

5.6. The Party is exempt from the payment of a penalty (fine, penalty), if it proves that non-fulfillment or improper fulfillment of the obligation provided for by the contract occurred due to an insurmountable force or the fault of the other party.

Sales for the provision of services. Under the compensated service contract, the Contractor undertakes on the task of the Customer to provide services (make certain actions or implement certain activities), and the Customer undertakes to pay for these services.
The rules of chapter 39 of the Civil Code apply to contracts for the provision of communication services, medical, veterinary, audit, consulting, information services, training services, tourist services and other, with the exception of services provided under contracts provided for by chapters 37, 38, 40, 41, 44, 45, 46, 47, 49, 51, 53 of the Civil Code.

Unless otherwise provided by the contract for the provision of services, the Contractor must provide services personally.

The customer is obliged to pay for the services provided to him on time and in the manner specified in the compensated service agreement.

In case of the impossibility of execution arising from the fault of the customer, the services are subject to payment in full, unless otherwise provided by law or the contract for the provision of services.

In the case when the impossibility of execution arose in circumstances, for which none of the parties responds, the Customer reimburses the Contractor actually incurred by them, unless otherwise provided by law or the contract for the provision of services.

The customer has the right to refuse to fulfill the contract of compensated service provision subject to payment by the Contractor actually incurred by them.

The Contractor has the right to refuse to fulfill obligations under the contract of compensated service provision only under the condition of full compensation to the customer of losses.

The general provisions on the contract (Article 702 - 729 of the Civil Code) and the provisions on the household contract (Articles 730 - 739 of the Civil Code) apply to the contract of compensated service provision, if this does not contradict to articles 779 - 782 of the Civil Code, as well as the features of the subject of the provision of compensated services.

Fantom's limited liability company, hereinafter referred to as the "Customer", represented by the director of Verevkina Nikolay Alexandrovich, acting on the basis of the Charter, on the one hand, and the individual entrepreneur Fedichin A. V., hereinafter referred to as the "performer", represented by Fadichina Andrei Vladimirovich acting on the basis of the testimony, on the other hand, further referred to as "Parties", concluded this Treaty below:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide services for participation in the production process, managing and implementing other functions on request of the Customer, on the territory of the customer's enterprise, located at the address: Moscow, ul. Olkhovskaya, 11.
1.2. The customer undertakes to pay for the service to the Contractor in a timely manner.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The performer has the right:
2.1.1. To access the internal local acts of the Customer, technical documentation, as well as other sources of information regarding the security of the object.
2.1.2. It has the right to change the cost of services provided, but not more than once within the calendar year.
2.2. The Contractor undertakes:
2.2.1. In the specified deadlines to execute the customer's instructions provided for by this Agreement.
2.2.2. According to the written request of the Customer, to conduct an object examination, followed by the compilation of the Act, which reflects proposals for technical strengthening, the use of technical means, the species, the necessary number of posts and the number of protection at the facility.
2.2.3. Consulting and preparation of recommendations on the security of the customer's security issues on written applications.
2.2.4. Support to maintain fire safety in the premises provided by the customer of fire fighting events and ensuring primary fire extinguishing means.
2.2.6. The activities specified in paragraphs 2.2.2; 2.2.3., Exercise for an additional fee.
2.3. The customer has the right:
2.3.1. Make proposals for improving the quality of service by the Contractor.
Equipment necessary to fulfill its obligations.
2.4.3. Install the utilization of primary fire extinguishing at the object in certain places, conduct preventive fire safety measures.
2.4.4. Provide coverage of the territory of the enterprise.
2.4.5. Require from their employees, as well as from customers, visitors and partners to comply with fire safety measures in the enterprise.
2.4.6. Timely pay the services of the Contractor under this Agreement.
2.4.7. In writing to notify the performer within 2 (two) working days about the change of the head, as well as other persons responsible for contractual relations, confirming their powers (orders, power of attorney, orders), the change of details of the enterprise with the direction of documents confirming these changes, Artist's address.

3. Cost of services and calculation procedure

3.1. The cost of services of the Contractor under this Agreement is 103,960 (one hundred and three thousand nine hundred sixty) rubles 00 kopecks per month.
3.2. The payment of the Contractor is made by transferring funds to the executive account in the following order:
- Advance (prepayment) at least 60% of the amount of payment of the Contractor's services for the previous month to 05 of the number of the current month on the basis of the account,
- The final settlement is up to the 10th day of the month following the reporting.
3.3 The Customer is obliged to consider the act submitted, sign it, assure it, and return it to the artist to the artist. If there are comments on the services rendered, the Customer returns an act with a motivated refusal in writing to the above time. If the act is not received, the contractor is considered to be adopted by the Customer on the act without comments.
3.4. When changing the conditions determining the cost of services, the Contractor in writing is notifying the Customer in 10 days and provides a new calculation for consideration by the Customer.
The agreement on the change in the cost of services is issued by signing the parties to the Agreement of the Supplementary Agreement to the Agreement without reissuing the contract.
3.5. In the event of not the receipt of funds to the current account of the Contractor within the deadlines specified in paragraph 3.2. This Agreement, the Contractor has the right to unilaterally suspend this Agreement, notifying the customer in writing for 1 day to the intended suspension of the provision of services.
3.6. In case of non-debt of debt on the payment of the Contractor within one month from the moment the suspension of this Agreement is suspended, the Contractor has the right to unilaterally terminate the contract without additional prevention of the customer.
3.7. The day of fulfillment by the customer of its obligations to pay for the services of the Contractor is the day of receipt of funds for the current account of the latter.

4. Responsibility of Party

4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties are responsible in accordance with the current legislation of the Russian Federation.
4.2. For each day of delay in payment for the provision of personnel of C ^ in the penalty in the amount of 0.1% of the amount of the debt. The accrual of penalty is made on the basis of the direction of the written claim by the Contractor to the Customer and the written confirmation of the customer about its adoption. The accrual of penalties is made from the date of written confirmation of the claim to the Customer.
4.3 The Contractor in the event of improper fulfillment or non-fulfillment of the Terms of this Agreement shall be material responsibility for damage caused to the customer.
4.4. Facts causing damage are established by the inquiry authorities, consequence, by the court in the manner prescribed by the current legislation.
The guilt of the Contractor is established by a two-way commission, consisting of representatives of the Customer and the Contractor, in case of disputes on the assurance of the Contractor who cannot be resolved by this Commission, the dispute is transferred to the court.
The amount of damage is confirmed by the relevant documents drawn up with the participation of the Contractor. In case of discrepancies in the amount of damage established by the Customer and the size of the damage established by the court, the reimbursement is subject to damage established by the court.
Damage compensation is made after the preparation of a bilateral act, or a sentence, decisions, definitions or judgment of the court entered into legal force.
4.5. The size of the damage is not disputed by the parties is reimbursed within 30 days after the fulfillment by the Customer is the complete package of the required document required.
4.6. The performer is exempt from material responsibility:
- for damage caused by the fault of the customer's employees during their work of labor duties;
- for the embezzlement of personal property of customer employees;
- for the embezzlement of sealed, seal or closed rooms without disruption of seals, seals, doors and constipation and other explicit traces of the premises of the customer;
- For damage caused by ignoring, fire, explosion, mass riots, other natural disasters.

5. Action of force majeure

5.1. The parties are exempt from liability for partial or complete non-fulfillment of obligations under this Agreement, if this failure was due to the circumstances of the force majeure, which arose after the conclusion of an agreement as a result of an emergency event, the onset of which the party who did not fulfill the obligations were completely or partially could not foresee Prevent reasonable methods.
In this case, the fulfillment of obligations under the contract is postponed during the actions of the circumstances of force majeure.
5.2. At the occurrence of those specified in paragraph 5.1. Circumstances, the Party for which the impossibility of fulfilling its obligations under this Agreement was created, should, in the shortest possible time, notify about them in writing the other side with the application of the relevant evidence, but in any case no later than 10 days after their start.

6. Privacy

6.1. Terms of this Agreement and agreements (protocols, etc.) are confidential and not subject to disclosure.
6.2. The parties take all necessary measures to ensure that their employees without the prior consent of the other Party do not inform third parties on the details of this contract and the applications to it.

7. Term of validity and other terms of contract

7.1. This Agreement comes into force from 09.00 to June 01, 20__. And acts within 1 (one) year.
7.2. Terms of contract and applications to it can be changed by agreement of the parties. Implemenable changes and additions are discussed within a two-week period.
7.3. The cost of providing services under this Agreement is subject to annual indexation, taking into account the growth rate of inflation in the territory of the Russian Federation.
7.3. Each of the parties at any time have the right to terminate this Agreement and about its intention for 30 (thirty) days a written notice of termination of the contract is directed to the other party. During this period, the parties fulfill their duties under this Agreement.
7.4. If 15 days before the expiration of this contract, the parties did not report writing about the termination of this Agreement, it is considered extended for each subsequent calendar year under the same conditions. In the manner prescribed by this clause, this Agreement may extend an unlimited number of times.
7.5. All disputes of the parties under this Agreement and in connection with it, according to which the parties cannot come to mutual consent, are permitted in the Arbitration Court of the Moscow Region.
7.6. This Agreement is drawn up in two copies, each of which has equal legal force, one for each of the parties.

8. Legal addresses and details of the parties
________________________
________________________