How to start and finish a deal. Contract for the provision of services
Situation: When providing IT services, promotion - do you need a contract? What documents do the customer need? What is the basis of writing in the documents? Are there any penalties for incorrect workflow?
When you have reached an agreement with the Customer or the Contractor on the terms of cooperation on IT services, promotion in the network - the question arises of the relationship and document management.
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Do I need a contract?
Transactions can be made orally (Article 159 of the Civil Code of the Russian Federation). In a simple written form, transactions must be made (Article 161 of the Civil Code of the Russian Federation):
1) transactions of legal entities between themselves and with citizens;
2) transactions of citizens among themselves in the amount exceeding ten thousand rubles.
In the area of ​​commercial relationships, it is better to fasten an agreement in writing. A contract signed by the parties, in which the subject of the contract is painted, the final result, the terms of payment, performance, acceptance of the result, termination upon termination and before the expiration date, will save time, effort, and funds of the parties.
How can I conclude a contract?
A.2 of Article 434 of the Civil Code of the Russian Federation: a written contract can be concluded by drawing up a single document signed by the parties, as well as by exchanging letters, telegrams, telexes, telefaxes and other documents, including electronic documents transmitted via communication channels, allow to reliably establish that the document comes from the parties to the contract.
An electronic document transmitted via communication channels is information prepared, sent, received or stored by electronic, magnetic, optical or similar means, including the exchange of information in electronic form and electronic mail.
Act - a document closing the transaction under the contract (or phase of the transaction) of works and services
Despite the lack of requirements in the Civil Code of the Russian Federation for registration of acts on services rendered, it is better to sign acts on the delivery of work, services. The act is not a unified form. You can take a sample of the following:
Act
G.HHHHHHH DD.MM.YYYY
We, the CUSTOMER on behalf of __, acting on the basis of ___, on the one hand, referred to as CUSTOMER, and the EXECUTOR on behalf of ___, acting on the basis of ___, on the other hand, referred to as EXECUTOR, have compiled this act stating that the EXECUTOR has performed work (or rendered services) : computer repair, local network debugging, SMM website promotion www.XXX {If a contract is concluded, indicate “under contract No. __ from ___”}.
Cost of work performed (services rendered): XXXX, 00 rubles (AMOUNT OF CALCULATION IN RUBLES).
The above services (works) are completed in full and on time. The customer has no claims on the volume, quality and timing of the services (work).
CUSTOMER EXECUTIVE
Details of the Customer Details of the Contractor
Customer Signature Signature of the Contractor
Seals of the Customer, the Contractor on contracts, acts and other documents on the transaction
From 07/04/2015, both individual entrepreneurs and organizations will be able to abandon the use of round stamps (Federal Law of April 6, 2015 No. 82-) and use the seal only at will. Those. in the contract and in the acts of the round seal may not stand.
PI before could work without round seals. And organizations need to make a choice, work with or without a seal; The choice is reflected in the charter of the organization.
When signing documents (agreement, acts) with the counterparty-organization, pay attention to the presence / absence of provisions on the seal of the organization in its Charter.
By the way, the contract and the act on the work performed or services rendered? Or is it the same thing?
This is not the same:
- services are actions, the result of which is inseparable from the process of providing services, is consumed in the process of providing the services themselves (for example, window cleaning, communication services). In other words, that which cannot be sold;
- Work - this is an action, the result of which is separated from the process of work, material. In other words, something that can be sold.
Therefore, to specify in the contract and acts, as is often the case, then work, services (apparently, to the taste of the writer) is wrong.
What will happen if a written contract is not concluded?
Consequences of not concluding a contract in writing (Clause 1, Article 162 of the Civil Code of the Russian Federation): the parties are deprived of the right in the event of a dispute to refer in support of the transaction and its conditions to testimony, but does not deprive them of the right to provide written and other evidence
What will happen if you do not sign the act?
The absence of an act, which is necessary for recording the Contractor’s income and the expenses of the Customer, can be considered as a gross violation of the rules for recording income, expenses or taxable items (Article 120 of the Tax Code). The presence of acts will confirm the expenses of the Customer, the Contractor will hedge from the Customer's claims in terms of the volume, quality of services, works; confirm the right of the Contractor to pay from the customer.
In order to avoid problems with regard to, and you did not waste time on resolving issues that are not in your competence, we recommend contacting specialists. Or to us - to the company - "Accounting Center" , which specializes in the maintenance of smart companies. Or you can choose a specialist yourself by choosing among freelancers on specialized exchanges (for example - NUZHENBUH.RF )
When you have reached an agreement with the Customer or the Contractor on the terms of cooperation on IT services, promotion in the network - the question arises of the relationship and document management.
')
Do I need a contract?
Transactions can be made orally (Article 159 of the Civil Code of the Russian Federation). In a simple written form, transactions must be made (Article 161 of the Civil Code of the Russian Federation):
1) transactions of legal entities between themselves and with citizens;
2) transactions of citizens among themselves in the amount exceeding ten thousand rubles.
In the area of ​​commercial relationships, it is better to fasten an agreement in writing. A contract signed by the parties, in which the subject of the contract is painted, the final result, the terms of payment, performance, acceptance of the result, termination upon termination and before the expiration date, will save time, effort, and funds of the parties.
How can I conclude a contract?
A.2 of Article 434 of the Civil Code of the Russian Federation: a written contract can be concluded by drawing up a single document signed by the parties, as well as by exchanging letters, telegrams, telexes, telefaxes and other documents, including electronic documents transmitted via communication channels, allow to reliably establish that the document comes from the parties to the contract.
An electronic document transmitted via communication channels is information prepared, sent, received or stored by electronic, magnetic, optical or similar means, including the exchange of information in electronic form and electronic mail.
Act - a document closing the transaction under the contract (or phase of the transaction) of works and services
Despite the lack of requirements in the Civil Code of the Russian Federation for registration of acts on services rendered, it is better to sign acts on the delivery of work, services. The act is not a unified form. You can take a sample of the following:
Act
G.HHHHHHH DD.MM.YYYY
We, the CUSTOMER on behalf of __, acting on the basis of ___, on the one hand, referred to as CUSTOMER, and the EXECUTOR on behalf of ___, acting on the basis of ___, on the other hand, referred to as EXECUTOR, have compiled this act stating that the EXECUTOR has performed work (or rendered services) : computer repair, local network debugging, SMM website promotion www.XXX {If a contract is concluded, indicate “under contract No. __ from ___”}.
Cost of work performed (services rendered): XXXX, 00 rubles (AMOUNT OF CALCULATION IN RUBLES).
The above services (works) are completed in full and on time. The customer has no claims on the volume, quality and timing of the services (work).
CUSTOMER EXECUTIVE
Details of the Customer Details of the Contractor
Customer Signature Signature of the Contractor
Seals of the Customer, the Contractor on contracts, acts and other documents on the transaction
From 07/04/2015, both individual entrepreneurs and organizations will be able to abandon the use of round stamps (Federal Law of April 6, 2015 No. 82-) and use the seal only at will. Those. in the contract and in the acts of the round seal may not stand.
PI before could work without round seals. And organizations need to make a choice, work with or without a seal; The choice is reflected in the charter of the organization.
When signing documents (agreement, acts) with the counterparty-organization, pay attention to the presence / absence of provisions on the seal of the organization in its Charter.
By the way, the contract and the act on the work performed or services rendered? Or is it the same thing?
This is not the same:
- services are actions, the result of which is inseparable from the process of providing services, is consumed in the process of providing the services themselves (for example, window cleaning, communication services). In other words, that which cannot be sold;
- Work - this is an action, the result of which is separated from the process of work, material. In other words, something that can be sold.
Therefore, to specify in the contract and acts, as is often the case, then work, services (apparently, to the taste of the writer) is wrong.
What will happen if a written contract is not concluded?
Consequences of not concluding a contract in writing (Clause 1, Article 162 of the Civil Code of the Russian Federation): the parties are deprived of the right in the event of a dispute to refer in support of the transaction and its conditions to testimony, but does not deprive them of the right to provide written and other evidence
What will happen if you do not sign the act?
The absence of an act, which is necessary for recording the Contractor’s income and the expenses of the Customer, can be considered as a gross violation of the rules for recording income, expenses or taxable items (Article 120 of the Tax Code). The presence of acts will confirm the expenses of the Customer, the Contractor will hedge from the Customer's claims in terms of the volume, quality of services, works; confirm the right of the Contractor to pay from the customer.
In order to avoid problems with regard to, and you did not waste time on resolving issues that are not in your competence, we recommend contacting specialists. Or to us - to the company - "Accounting Center" , which specializes in the maintenance of smart companies. Or you can choose a specialist yourself by choosing among freelancers on specialized exchanges (for example - NUZHENBUH.RF )
Source: https://habr.com/ru/post/293148/
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