How to protect your interests in the provision of services on the example of the development of Internet projects web studio

Let's start with the thesis: Do the work efficiently and on time.
If the work is done poorly and all deadlines have passed, then the following tips will only partially help the agony to minimize your risks. If the project is executed according to the contract, the following recommendations will allow you to feel confident in the negotiations and prove your case in an arbitration or arbitration court.

So let's structure the contract and customer interactions:

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Stages 1

• The project should be divided into small stages. Yes, this will lead to an increase in workflow, since each stage will need to be handed over and closed with documents. But you get a number of significant advantages, which are written below.
• In the event of a significant change in the scope of work, you can conclude an additional agreement to change subsequent phases.

2 Timing

• The terms in the contract should be indicated in business days without reference to calendar dates.
• Specify the most appropriate time limit according to their capabilities. Banal advice, although many of it should be adopted.
• The start of work in stages associated with payments. If the client delays payment under the contract, the deadlines will be shifted. You also have the right to suspend work if there is an appropriate clause in the contract and notify the client about the suspension of work until the debt is paid.

3 Payments

• Again, payments should be tied to stages. Many small payments are made to companies easier than two large. In case of financial difficulties of the Customer, you will learn about them faster and earlier than when you have completed all the work.
  For example, you signed a contract for 1 million rubles. Payment 50 to 50. Received 500 thousand in advance. Cool, let's go work. Then, after a couple of months, having completed all the work, it turns out that the company is at the stage of bankruptcy or liquidation ... Total 500 thousand hole in your budget. Having smashed into 4 stages of 250 thousand each and having broken the payments in the same way 50 to 50, the maximum for which it is possible to fly is 125 thousand. In this option, you will not receive a large sum of money in advance, but from the point of view of risk minimization, this is the optimal solution.
• If the client does not pay, adequately assess the risks. The customer can feed for months with promises to pay. The best is the suspension of work under the contract.

4 Fines

• The standard rate of interest is 0.1% per day. Some customers offer to put up to 0.5%, which is also acceptable if all other conditions are met. If the client proposes to put 1% per day, then it is worth considering the adequacy of the client and what goals he sets.
• Specify the maximum interest. Put 10-20% of the cost of the stage. As a rule, lawyers do not touch this figure.
• Indicate that the calculation of penalties will be made from the overdue stage, and not from the entire contract. This will significantly reduce the amount of interest.
• Specify dates in working days. On average, 30 calendar days and only 21 working days. This will reduce the percentage of penalties and at the weekend will provide an opportunity to catch up on the project, if it is only a matter of time
• Specify that penalties are paid only upon the written request of the client and after you acknowledge the claim, thereby even if you delayed slightly the terms, but you did all the work and the client was satisfied, then the likelihood that he will demand penalty is insignificant.
• Specify the mirror interest for the customer for late payments. Customers often delay payments. In the case of calculation of penalties, you will be able to make a counterclaim.
• Some special customers want to include items about lost profits in the contract. This is not worth doing. If the client is very important to you, you can fix additional penalties with clear conditions when they apply and their amounts.

5 Acts

• The most painful part of the performers is acts. Works have been completed, but not deactivated. The acts were done, but not transferred to the client in the proper manner. As a result, the client may request the return of all advances under the contract.
• Acts must be done immediately after the execution of works. At first, the act is a notification that the work has been completed, and not that the client has accepted it. If the client is not satisfied with the scope, quality of work performed, he must, within the time limit established by the contract, draw up an act with a list of deficiencies and deadlines for their elimination.
• Acts with a cover letter should be sent in 3 ways:
  
  1. scans to the mail manager and to the general email address specified in the contract
  2. by courier
  3. mail with an inventory and notification to the address specified in the contract
     Scans and courier - for the convenience of the client, the mail with the notification - to confirm the receipt of acts by the client. Most companies do not register incoming documents, so sending them by post to Russia with an inventory and notification to the legal address specified in the contract (or postal, if specified separately) is the only way to confirm their delivery .
  
  
• If the client did not take the letter from the legal address and it was returned to you, send again. Returned a second time - this is the client's problems. The contract is worth noting that when changing the legal address, the client must notify you in a short period.

6 Electronic document flow

Proper use of electronic documents will save a lot of nerves and time:

• Oral meetings need to be logged and share minutes with the client. Project managers can change from both the client and your side.
• Use the corporate portal BITRIX24 or analogues to exchange tasks on the coordination of design, request materials, discuss issues on the project. You set tasks for the client’s staff, the whole story is saved electronically.
• The contract should fix the legal force of electronic documents and emails, indicating the contact addresses of responsible managers.

7 Afterword

Not confident in your abilities - contact a lawyer to help him draw up contracts, agreements and other documents. I wish you patient paying customers with interesting projects!