Draw up a contract design studio, part 1
So, I start the publication of a whole series of long-awaited notes on contracts and other documentation of the design studio. I will say right away that I will not lay out the contract of the Made studio here or anywhere else, we have a policy like this. Although some of its parts, perhaps, will appear in the public domain. Instead of fish, I'll give you a fishing rod.
The medical history is written for the prosecutor, and the contract is written for the arbitration court. Properly drawn up the contract will help even to the court not to bring. Moreover, with a well-developed contract, you are “hinting at a hint” that you both have a lawyer and you keep your interests.
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The contract is not only the official piece of paper that allows you to accept payment. It is also a regulatory document. It defines certain frameworks, what is possible, what is impossible. The parties agree not only that the customer pays, but the contractor performs the work. The contract regulates the order of cooperation. For example, who and when has the right to discuss sketches, how to transmit correspondence and much more.
First, we draw up a diagram of the passage of the order in your studio. If the works are of different types - make several schemes, and then select common features. In drawing up the contract, as in programming, code reuse is encouraged.
Highlight the main stages, list the key points for the progress of work, control points, moments of interaction with the customer.
For each such point write out:
For example, the key point is “design layout approval”. The contractor must submit to the customer a set of layouts for approval, the customer must approve them. This is confirmed by the act of acceptance of the design. After that, the contractor transfers to the customer a set of files and rights to use the design, and the customer pays.
Weeds can happen with the approval of the layout and payment. There are three main categories: denial, inhibition and intercourse of the brain. For example, refusal to accept design, transfer of a meeting, signing of documents or delaying payment, attempts of “creativity” from the supply manager and chief accountant.
Recall and describe the situations that you would like to avoid in the future. For example, after we were forced to discuss a design with a management board of more than 10 people, including a supply manager, we entered into our contract a clause restricting the list of persons entitled to discuss anything on behalf of the company with us.
If they want to attract a supply manager and a chief accountant, let them do it without us, collect opinions, consult, etc. We can't ban it. But let us talk with only one person who has the right to make decisions on this issue . The right to make a decision from the contact person on the part of the customer is an extremely important point. He, too, should be prescribed in the contract and speak at meetings.
In the following notes we will talk about the concepts of contracting and services, about the structure, subject and mandatory sections of the contract.
In the meantime, I propose to ask questions, share shoals, packs and practical examples.
And I recommend to download the civil, tax, administrative codes. First of all, civil.
What is a contract for?
The medical history is written for the prosecutor, and the contract is written for the arbitration court. Properly drawn up the contract will help even to the court not to bring. Moreover, with a well-developed contract, you are “hinting at a hint” that you both have a lawyer and you keep your interests.
')
The contract is not only the official piece of paper that allows you to accept payment. It is also a regulatory document. It defines certain frameworks, what is possible, what is impossible. The parties agree not only that the customer pays, but the contractor performs the work. The contract regulates the order of cooperation. For example, who and when has the right to discuss sketches, how to transmit correspondence and much more.
Where do we start
First, we draw up a diagram of the passage of the order in your studio. If the works are of different types - make several schemes, and then select common features. In drawing up the contract, as in programming, code reuse is encouraged.
Highlight the main stages, list the key points for the progress of work, control points, moments of interaction with the customer.
For each such point write out:
- What obligations must be fulfilled by each of the parties.
- What documents should be signed and transferred.
- What is the order of interaction.
- Exceptions and their handling (well, just like in programming).
For example, the key point is “design layout approval”. The contractor must submit to the customer a set of layouts for approval, the customer must approve them. This is confirmed by the act of acceptance of the design. After that, the contractor transfers to the customer a set of files and rights to use the design, and the customer pays.
Weeds can happen with the approval of the layout and payment. There are three main categories: denial, inhibition and intercourse of the brain. For example, refusal to accept design, transfer of a meeting, signing of documents or delaying payment, attempts of “creativity” from the supply manager and chief accountant.
Spread straws
Recall and describe the situations that you would like to avoid in the future. For example, after we were forced to discuss a design with a management board of more than 10 people, including a supply manager, we entered into our contract a clause restricting the list of persons entitled to discuss anything on behalf of the company with us.
If they want to attract a supply manager and a chief accountant, let them do it without us, collect opinions, consult, etc. We can't ban it. But let us talk with only one person who has the right to make decisions on this issue . The right to make a decision from the contact person on the part of the customer is an extremely important point. He, too, should be prescribed in the contract and speak at meetings.
In the following series
In the following notes we will talk about the concepts of contracting and services, about the structure, subject and mandatory sections of the contract.
In the meantime, I propose to ask questions, share shoals, packs and practical examples.
And I recommend to download the civil, tax, administrative codes. First of all, civil.
Other parts:
Source: https://habr.com/ru/post/57151/
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