Consulting services agreement between the founder and the company. Example of a contract for the provision of consulting services

Garden and landscape
g. ________________ "___"_______ ____ g.

We refer to__ hereinafter as the “Customer”, represented by ____________________________, acting___ on the basis of ______________, on the one hand, and ________________________________, hereinafter referred to as the “Contractor”, represented by __________________________, acting___ on the basis of ____________, on the other hand, collectively referred to as the “Parties”, have concluded this Agreement as follows:

1. SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Customer instructs, and the Contractor assumes obligations to provide consulting services To the customer.

The list of services provided by the Contractor under this Agreement, as well as the requirements for the services provided, are established in Appendix No. 1 to this Agreement.

The Customer undertakes to pay for the Contractor’s services in the amount, manner and terms provided for in this Agreement.

1.2. The Customer's materials and documentation necessary for the execution of the Agreement are transferred to the Contractor under the acceptance certificate, which is an integral part of this Agreement from the moment it is signed by the Parties.

Upon completion of the provision of services or ahead of schedule at the request of the Customer, the Contractor returns the materials and documentation according to the acceptance certificate.

1.3. The contractor draws up the results of consultations in the form of a conclusion. Requirements for the form and content of the Contractor's conclusion are established in Appendix No. 2 to this Agreement.

1.4. The Contractor guarantees the absence of contractual and other relations with the Customer’s competitors (Appendix No. 3), which could have an impact on the conduct and result of consultations. The Contractor guarantees its scientific and material independence during the execution of this Agreement.

1.5. The Contractor provides services under this Agreement within the following terms:

1.5.1. Beginning: "___"_________ ____ year.

1.5.2. Ending: "___"_________ ____ year.

1.5.3. The deadlines for the Contractor to perform certain actions within the framework of the provision of services under this Agreement are established in Appendix No. 1 to this Agreement.

1.6. Services are provided at the location of the Contractor: ___________________________.

If it is necessary for the Contractor to travel to other settlements The Customer pays for the Contractor’s travel and accommodation based on:

Tickets: _____________________________________________;

Accommodation (hotel): ________ rubles per day;

Meals: _______________________ rubles per day.

The need for departure is determined by the Parties jointly.

2. OBLIGATIONS OF THE CONTRACTOR

2.1. The Contractor undertakes:

2.1.1. Provide consulting services provided for in clause 1.1 of this Agreement, with proper quality in accordance with the requirements, installed applications to this Agreement, and the instructions of the Customer.

2.1.2. If circumstances are identified that have or may have a significant impact on the Customer’s activities, immediately inform the Customer about this.

2.1.3. Ensure the confidentiality of information transmitted by the Customer.

2.1.4. At the end of each calendar month, draw up and submit to the Customer in two copies an act of service provision, containing information on the types and volume of services provided during the reporting month, as well as their cost. Each monthly act becomes an integral part of this Agreement from the moment it is signed by the Parties.

2.1.5. Provide clarifications, if necessary, at the request of the Customer. interested parties for the services provided by the Contractor.

2.1.6. ____________________________________________.

2.2. The performer has the right:

2.2.1. Receive from the Customer any documentation and information necessary to fulfill its obligations under this Agreement.

2.2.2. Involve third parties in the execution of this Agreement, remaining responsible to the Customer for their actions and independently paying the cost of their services.

2.2.3. Refuse to fulfill obligations under this Agreement by notifying the Customer about this in advance _______________________ and compensating him for the losses caused in in full.

3. RESPONSIBILITIES OF THE CUSTOMER

3.1. The customer undertakes:

3.1.1. Provide the Contractor with the documentation and information necessary for the execution of this Agreement.

3.1.2. Pay for the Contractor's services in accordance with this Agreement.

3.1.3. Within __________________ days from the date of receipt from the Contractor of the act of provision of services, review it, sign and send one copy to the Contractor.

If the services under this Agreement are provided with defects, in the certificate of provision of services, the Customer must indicate the shortcomings committed by the Contractor, the volume and cost of services provided with defects, which is subject to exclusion from the total cost of services determined in the certificate of provision of services.

3.2. If the Contractor provides services with deficiencies, the Customer has the right to:

3.2.1. Demand a reduction in the contract price.

3.2.2. Demand that deficiencies be corrected within a reasonable time.

3.2.3. If the defects are not eliminated within a reasonable time, cancel this Agreement and demand compensation for losses.

3.3. The Customer has the right to exercise control over the provision of services by the Contractor without interfering with the activities of the Contractor.

3.4. The Customer has the right to refuse to fulfill this Agreement by notifying the Contractor about this for ____________________ and paying the Contractor the cost of services actually provided under this Agreement.

4. CONTRACT PRICE AND PAYMENT PROCEDURE

4.1. The contract price (cost of the Contractor’s services) is _________ (______________________) rubles.

The cost of individual services provided under this Agreement, included in the contract price established by this paragraph, is indicated in Appendix No. 1 to this Agreement.

4.2. The contract price established in clause 4.1 of this Agreement is paid subject to the provision by the Contractor of all types of services in full during the reporting month in accordance with Appendix No. 1 to this Agreement.

If services are not provided in full during the reporting month, the contract price is reduced in proportion to the volume of services not provided in accordance with Appendix No. 1 to this Agreement.

4.3. The customer pays the contract price within _____________ days from the date of signing the act of provision of services (clause 3.1.3 of this Agreement).

4.4. The contract price is payable by transfer cash to the Contractor's bank account.

4.5. The date of payment is the day the funds are received into the Contractor's bank account.

4.6. The Customer has the right to refuse to fulfill the contract for the provision of services for a fee, subject to payment to the Contractor for the expenses actually incurred by him.

4.7. The Contractor has the right to refuse to fulfill obligations under the contract for the provision of paid services only if the Customer is fully compensated for losses.

5. RESPONSIBILITY OF THE PARTIES

5.1. In case of violation of the terms for the provision of services established by clause 1.5 of this Agreement, the Customer has the right to present to the Contractor a requirement to pay a penalty in the amount of __________ (______________________) rubles for each day of delay.

5.2. In case of violation of the payment deadline established by clause 4.3 of this Agreement, the Contractor has the right to present the Customer with a requirement to pay a penalty in the amount of _________% of the amount not paid on time for each day of delay.

5.3. For violation of other obligations established by this Agreement, the Parties are liable in accordance with the provisions of current legislation. Russian Federation.

6. FORCE MAJEURE

6.1. Any of the Parties to this Agreement is exempt from liability for its violation if such violation was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that the Parties cannot influence, for example: earthquake, flood, fire, hurricane, as well as uprising, civil unrest, strike, acts of government bodies, military actions of any nature that impede the implementation of this Agreement.

6.2. If the circumstances specified in clause 6.1 of this Agreement occur, each Party must immediately notify the other Party about them in writing. The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the Party to fulfill its obligations under this Agreement.

6.3. If a Party does not send or untimely sends the notice provided for in clause 6.2 of this Agreement, then it is obliged to compensate the other Party for losses incurred by this Party.

6.4. If the circumstances listed in clause 6.1 of this Agreement and their consequences continue to apply for more than ___________, the Parties shall conduct additional negotiations to identify acceptable alternative ways execution of this Agreement.

7. PROCEDURE FOR RESOLUTION OF DISPUTES, CHANGES AND TERMINATION OF THE AGREEMENT

7.1. Disagreements related to the execution of this Agreement are resolved by the Parties through negotiations, and if no agreement is reached based on the results of the negotiations, they are submitted by the Parties for judicial review in accordance with the current legislation of the Russian Federation.

7.2. This Agreement may be amended and terminated by agreement of the Parties, as well as in cases established by the legislation of the Russian Federation.

7.3. All changes and additions to this Agreement must be drawn up in in writing and signed by the Parties.

8. ADDITIONAL TERMS

8.1. This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fulfill all their obligations under it.

8.2. The Parties undertake to keep confidential commercial, financial and other confidential information received from the other Party during the execution of this Agreement.

8.3. In everything that is not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.

8.4. Correspondence of the Parties on issues related to the execution of this Agreement is carried out by sending documents by fax with the obligatory immediate sending of the original document by registered mail with notification of delivery.

8.5. This Agreement is concluded in two copies, each having equal legal force, one for each of the Parties.

8.6. The following annexes form an integral part of this Agreement:

8.6.1. Appendix No. 1. List of services provided.

8.6.2. Appendix No. 2. Requirements for the conclusion.

8.6.3. Appendix No. 3. List of the Customer's competitors.

8.6.4. Appendix No. 4. Certificate of acceptance and transfer of materials and documentation.

8.6.5. Appendix No. 5. Acts on the provision of services.

9. ADDRESSES AND DETAILS OF THE PARTIES

Customer: ________________________________________________________________

_____________________________________________________________________________

Performer: ____________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

SIGNATURES OF THE PARTIES:

Customer: _____________/_________________________________________

Performer: ____________/__________________________________________

Document type: Service Agreement

Document file size: 33.1 kb

Filling out the contract begins with indicating the city where the contract is concluded and the date of its conclusion. An individual, the Contractor, indicates his full name and your passport details. A legal entity, the Customer, enters the details of its representative and indicates the document on the basis of which he acts in the interests of the organization.

The agreement may include 4 annexes, which are an integral part of it.

The parties must clearly indicate the topic on which consulting services will be provided. The Agreement provides for the Contractor's right to engage third parties to provide the full scope of services to the Customer. A complete list of the rights and obligations of the parties is given in Section 2 of this agreement.

Features of payment for the Contractor's services

The agreement provides for the payment of an advance to the Contractor, the amount and timing of which the Customer must indicate in section 3 of this agreement. This section also specifies the amount of the remaining payment and the timing of its transfer to the Contractor’s account. The total amount payable to the Contractor is indicated in Appendix 2 to the agreement.

To confirm the work done, the Contractor provides the Customer with a Reconciliation Certificate on a quarterly basis. The Reconciliation Certificate signed by both parties guarantees the contractor payment for his work.

Features of service acceptance

Upon completion of the work, the Contractor is obliged to provide copies of all documents that confirm the completion of the order, to email address, which the Customer undertakes to indicate. If an incomplete package of documents is provided, the parties determine in the contract the deadlines for providing all missing documents.

Other terms of the agreement

In section 7 of the agreement, the parties indicate the amount of fines that must be paid in the event of a violation of the terms of the agreement by one of the parties. The contract also contains a list of mandatory annexes, without which the terms of the contract are not considered fulfilled:

  • terms of reference;
  • costing of services;
  • form of certificate about the chain of owners of the company;
  • form of consent to the processing of personal data.

Consulting services agreement form

Sample agreement for the provision of consulting services (completed form)

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AGREEMENT for the provision of consulting services No.

in a person acting on the basis, hereinafter referred to as " Executor", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:
1. SUBJECT OF THE AGREEMENT

1.1. In accordance with the terms of this Agreement, the Contractor, on behalf of the Customer, undertakes to provide consulting services on the topic “” (hereinafter referred to as the Services) in accordance with the Technical Specifications (Appendix No. 1), and the Customer undertakes to pay for these Services in the manner and within the time limits established by this Agreement. By communication strategy, the Parties understand the document (program) of the Customer’s public communications, developed on the basis of studying the opinions and requests of the Customer’s target audiences, the Contractor’s determination of the goals and objectives of the Customer’s Communication Strategy, mechanisms and methods for its implementation.

1.2. The Contractor has the right to engage third parties to provide Services under the Agreement. In all relations with third parties, the Contractor acts on its own behalf, at its own expense and at its own risk.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.2. At the request of the Customer, inform the latter about the progress of the Services.

2.1.4. Ensure the quality of the Services provided in the course of fulfilling its obligations under this Agreement.

2.1.5. Bear responsibility for third parties involved in the execution of this Agreement.

2.1.6. Promptly inform the Customer about all significant changes affecting the fulfillment of the terms of this Agreement.

2.1.7. Immediately notify the Customer if circumstances arise that slow down the provision of Services or make further provision of Services impossible.

2.1.8. Do not disclose information and data received during the provision of Services.

2.2. The performer has the right:

2.2.1. Demand payment for services rendered.

2.2.2. With the Customer’s consent, provide the Services ahead of schedule.

2.3. The customer undertakes:

2.3.1. Make settlements with the Contractor in the amount and within the time limits established by the Agreement.

2.3.2. Provide the Contractor with the information necessary for the latter to fulfill its obligations.

2.4. The customer has the right:

2.4.1. Require the Contractor to provide a written report on the progress of execution of this Agreement.

3. CONTRACT PRICE AND PAYMENT PROCEDURE

3.1. Total cost Services under this Agreement are determined by the Parties in accordance with the cost calculation of Services (Appendix No. 2) to the Agreement.

3.2. Payment for services rendered is made by bank transfer in Russian rubles.

3.3. The date of payment is the date of debiting funds from the Customer's account.

3.4. The Customer pays an advance in the amount of % of the cost of providing the Services, including VAT (18%) - within working days after signing the Agreement. The Contractor must provide the Customer with an invoice for payment necessary for making the payment and an invoice. Delay on the part of the Contractor in transferring the invoice for payment is grounds for the Customer to delay payment in proportion to the time of delay by the Contractor.

3.5. The Customer must pay the remaining balance in the amount of % of the cost of the Services within working days after the provision of the Services, the signing by the Parties of the Certificate of Provision of Services, the transfer to the Customer of the documents necessary to make the payment (invoices for payment and invoices on time, established by law for issuing invoices). Delay on the part of the Contractor in the transfer of documents is grounds for the Customer to delay payment in proportion to the time of delay by the Contractor.

3.6. The Contractor, on a quarterly basis, no later than the date of the month following the reporting quarter, sends to the Customer a reconciliation report drawn up on its part. The customer within calendar days from the moment of receipt of the reconciliation act, reconciles settlements between the Parties,, if necessary, draws up a protocol of disagreements and returns to the Contractor one copy of the properly executed act.

3.7. A change in the cost of providing Services agreed upon by the Parties can only be made by agreement of the Parties in the form additional agreement to the Agreement.

4. PROCEDURE FOR PROVIDING SERVICES

4.1. If the Contractor engages third parties to provide Services under the Agreement, the Contractor undertakes to bear responsibility to the Customer for fulfilling all the terms of this Agreement.

4.2. The Agreement with the co-executor must provide for the Customer’s right to inspect and monitor the activities of the co-executor and the fulfillment by the co-executor of any obligations assumed under the Agreement. The Contractor exercises control over the activities of co-contractors and is responsible for their actions, as well as for the execution of the Agreement as a whole.

4.3. The Co-Contractor is obliged to fulfill the Customer's requirements, similar to those imposed on the Contractor. The Contractor is responsible for ensuring that the Services provided and co-contractors meet the Customer’s requirements and current regulatory documents.

4.4. The Customer, within working days from the date of receipt of the Certificate of provision of Services, undertakes to sign the Certificate or send the Contractor a reasoned refusal with a list of necessary improvements, drawn up in writing. In case of a reasoned refusal to accept the Services provided, the Parties, within calendar days, draw up a Protocol for agreeing on the necessary modifications, the procedure and timing for their implementation.

5. QUALITY OF SERVICES

5.1. The Contractor undertakes, upon the Customer’s first request (immediately), to eliminate identified deficiencies if, in the process of providing the Services, deviations from the terms of the contract are made that worsen the quality of the Services.

6. TERMS, PROCEDURE AND CONDITIONS FOR ACCEPTANCE OF SERVICES

6.1. On the date of completion of the provision of the Service, the Contractor is obliged to notify the Customer about this, transfer scanned copies of documents confirming the fact of provision of the Service, by means of electronic communication to the address email: . Original documents confirming the fact of provision of the Service (Acts on the provision of services signed by the Contractor) must be sent to the Customer no later than calendar days counting from the date of completion of the provision of the Service, but in any case before the month following the month of provision of the Services.

6.2. Documents confirming the provision of the Service must be issued in the name of the Customer. In case of failure to submit necessary documents The Customer notifies the Contractor about this. The Contractor is obliged, within calendar days from the date of receipt of this notice from the Customer, but no later than the day of the month following the month in which the Services were provided, to provide the missing copies of documents to the Customer, which does not relieve the Contractor from the liability provided for in clause 7.1 of this Agreement. If there are errors and other inaccuracies in the specified copies of documents, the Customer notifies the Contractor about this within calendar days from the date of receipt from the Contractor of copies of documents confirming the provision of Services. In such notification, the Customer must indicate how to eliminate errors and other inaccuracies in the specified documents. The Contractor is obliged, within calendar days from the date of receipt of this notification from the Customer, to eliminate errors and other inaccuracies in such documents and provide copies of such corrected documents to the Customer, which does not relieve the Contractor from liability provided for in clause 7.1 of this Agreement.

6.3. When the Contractor receives from the Customer partial payment amounts for the provision of Services, the Contractor is obliged to provide the Customer with an invoice drawn up in accordance with the legislation of the Russian Federation no later than calendar days, counting from the day of receipt of partial payment amounts from the Customer for the provision of services, but no later than the date of the month, following the month in which the Contractor received partial payment amounts from the Customer.

7. RESPONSIBILITY OF THE PARTIES

7.1. For violation by the Contractor of the deadlines for fulfilling obligations to provide documents in accordance with clauses 3.6, 6.1, 6.2, 6.3 of this Agreement, the Contractor - based on the written request of the Customer - is obliged to pay the Customer a penalty (penalty) in the amount of 1/360 of the refinancing rate of the Central Bank of the Russian Federation (valid on the start date delay in fulfilling the obligation) from the cost of Services specified in clause 3.1 of the Agreement for each day of delay.

7.2. The Contractor is responsible for the actions of personnel involved in the provision of Services under the Agreement.

7.3. If the Service is provided by the Contractor with deviations from the Agreement that worsen the result of the Services, or with other shortcomings, the Customer has the right, at his choice, to demand from the Contractor to eliminate the defects free of charge within a reasonable time, a proportionate reduction in the price set for the Service, and reimbursement of expenses incurred by the Customer to eliminate the defects.

7.4. In case of delay in payment for the Services provided, the Customer shall pay a penalty in the amount of 1/360 of the discount rate of the Central Bank of the Russian Federation for each day of delay on the amount not paid on time.

7.5. In the event of a violation by the Contractor of its obligations under the Contract, the Customer has the right to unilaterally refuse to fulfill the Contract and demand compensation for losses from the Contractor.

7.6. In case of violation of the terms of provision of Services, the Customer has the right to collect from the Contractor a penalty in the amount of % of the cost of Services not provided on time for each day of delay until the violation is completely eliminated.

7.7. In the event of poor-quality provision of Services under the Agreement, the Customer has the right to recover from the Contractor a penalty in the amount of % of the cost of the poor-quality Services provided. The cost of poorly provided Services is determined as the cost of these Services in accordance with the terms of the Agreement, if they had been provided properly.

7.8. Payment of the penalty does not relieve any of the Parties to the Agreement from proper fulfillment of its terms in full.

7.9. The liability of the Parties in other cases is determined in accordance with the legislation of the Russian Federation.

7.10. In the event of a violation by the Contractor of an obligation under the Contract, the Customer has the right to unilaterally, out of court, refuse to perform the Contract and demand compensation for losses from the Contractor.

8. FORCE MAJEURE CIRCUMSTANCES

8.1. If for any Party the fulfillment of obligations under the Agreement has become impossible due to the occurrence of force majeure circumstances, understood by the Parties as defined by the current civil legislation of the Russian Federation, the fulfillment of obligations under the Agreement for such Party is postponed for the time during which these circumstances will apply. force majeure.

8.2. A Party for which it is impossible to fulfill its obligations under the Agreement due to the occurrence of force majeure circumstances must notify the other Party in writing within days from the date of occurrence of such circumstances, and if the circumstances themselves prevent such Party from notifying the other Party - immediately after the termination of such circumstances. Proof of the presence of force majeure circumstances and their duration is the corresponding written certificate of the authorities state power Russian Federation.

9. COMPLIANCE WITH THE REQUIREMENTS FOR CONCLUSION OF THE AGREEMENT

9.1. The Contractor assures and guarantees to the Customer that:

  • has the right to complete a transaction under the terms of the Agreement, exercise its rights and fulfill its obligations under the Agreement, and no restrictions will be placed by the Contractor’s management bodies on the Contractor’s powers to conclude and execute the Agreement;
  • the bodies/representatives of the Contractor concluding the Agreement are duly empowered to conclude it, all necessary permits and/or approvals from the Contractor’s management bodies have been obtained, and by concluding the Agreement they do not violate any of the provisions of the statutory, internal documents and decisions of the management bodies;
  • if during the validity period of the Agreement any changes occur in the powers of the Contractor's bodies/representatives, or there is a change in the Contractor's bodies/representatives, the Contractor undertakes to provide the Customer with the relevant documentary evidence. If the above changes require permission and/or approval from the Contractor's governing bodies, the Contractor undertakes to make every effort to obtain the appropriate permission and/or approval from its governing bodies and to provide such permission and/or approval. The risk of adverse consequences of failure to provide documentary evidence is borne by the Contractor.

9.2. If it turns out that any of the representations and warranties given by the Contractor in the Contract are untrue or the Contractor does not fulfill the obligations assumed in accordance with clause 9.1 of the Contract, the Customer has the right to refuse to perform the Contract and demand compensation from the Contractor for damages in full size. Invalidation of the Agreement (or part thereof) does not entail the invalidity of the provision on the right to compensation for losses, which is considered by the Parties as a separate agreement on compensation for losses in the event of failure to fulfill or improper performance by the Contractor of the obligations assumed in accordance with clause 9.1 of the Agreement, which resulted in recognition invalidity of the Agreement or part thereof in court.

10. DISPUTE RESOLUTION PROCEDURE

10.1. All disputes arising from or in connection with the Agreement, including those relating to its implementation, violation, termination or validity, are resolved by the Parties through negotiations.

10.2. In case of failure to resolve disputes through negotiations, such disputes are referred to the Arbitration Court of the city.

10.3. In case of legal proceedings, the law of the Russian Federation shall apply.

11. SERVICE TERMS. DURATION OF THE AGREEMENT

11.1. The Contractor undertakes to provide the services provided for in clause 1.1 of the Agreement within calendar days from the date of signing by the Parties to the Agreement.

11.2 This Agreement comes into force from the moment it is signed by both Parties and is valid until the Parties fulfill in full their obligations under the Agreement.

11.3. Termination (expiration) of the Agreement does not relieve the Parties from liability for violations, if any, occurred during the execution of the terms of the Agreement.

11.4. Early termination of the Agreement may take place by agreement of the Parties or on the grounds provided for by the legislation of the Russian Federation and the Agreement. The party that decides to terminate the Agreement sends within days written notice to the other Party (except for cases of unilateral refusal to fulfill the Agreement as provided for by law and the Agreement).

12. FINAL PROVISIONS

12.1. Within calendar days from the date of conclusion of the Agreement, the Contractor undertakes – with the attachment of consents of individuals to the processing of their personal data (Appendix No. 4) – to disclose (provide) to the Customer information about the owners (nominee owners) of shares/shares/shares: the Contractor in the form provided Appendix No. 3 to the Agreement, indicating the beneficiaries (including the ultimate beneficiary/beneficiary) with the provision of supporting documents. In the event of any changes in information about the owners (nominee owners) of shares/shares/shares of the Contractor, including beneficiaries (including the ultimate beneficiary/beneficiary), the Contractor undertakes to provide the Customer with updated information within calendar days from the date of such changes. When disclosing relevant information, the Parties undertake to process personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 “On Personal Data”. The Parties acknowledge the provisions of this paragraph essential condition Agreement. In case of failure or improper fulfillment by the Contractor of the obligations provided for in this paragraph, the Customer has the right to unilaterally terminate the Agreement out of court.

12.2. All notices and communications must be given in writing.

12.3. In all other respects that are not provided for in the Agreement, the parties are guided by the current legislation of the Russian Federation.

12.4. The Agreement is drawn up in two copies, one of which is kept by the Customer, the second by the Contractor.

  • Postal address:
  • Phone/fax:
  • INN/KPP:
  • Current account:
  • Bank:
  • Correspondent account:
  • BIC:
  • Signature:

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    Agreement No. ____
    about providing consulting services

    G. __________________
    "___"_________ ____ G.

    We refer to__ hereinafter as the "Contractor", represented by ___________________, acting__ on the basis of ___________________, on the one hand, and ___________________, hereinafter referred to as the "Customer", represented by ___________________, acting___ on the basis of ___________________, on the other hand, and together hereinafter referred to as the "Parties" ", have entered into this Agreement as follows:

    1. Subject of the agreement

    1.1. The Customer instructs, and the Contractor provides, during the term of this Agreement, ongoing consulting services to the Customer on financial, tax, accounting and legal issues of the Customer’s activities.
    1.2. At the request of the Customer, expressed in writing (including using e-mail), and with the consent of the Contractor, in addition to consulting services under this Agreement, the following services can be provided:
    - carrying out financial, economic, accounting, legal examination on certain issues of financial and economic activity Customer;
    - analysis of business transactions, financial schemes and contracts with the development of recommendations (including recommendations for tax optimization);
    - development of draft documents related to issues accounting and reporting, business contracts, other legal documents;
    - participation in;
    - other similar services.

    2. Rights and obligations of the parties

    2.1. The Contractor undertakes under the Agreement:
    2.1.1. Orally (by phone, in the Contractor's office or visiting the Customer) advise the Customer on issues of his financial and economic activities, as well as provide written answers, conclusions, explanations, certificates written request Customer. The Contractor is obliged to provide a comprehensive response to the Customer’s request within the agreed time frame.
    2.1.2. The Contractor reserves the right not to give answers that are in the nature of a direct recommendation if the Contractor has doubts about the unambiguity of the interpretation of certain legislative provisions, as well as if the issue posed by the Customer is not regulated by law. In these cases, based on his experience, the Contractor expresses only his opinion on unresolved issues, which is not a direct recommendation to the Customer to act in one way or another, but only determines the Contractor’s point of view on this issue.
    2.2. The performer has the right:
    2.2.1. Request from the Customer documents, clarifications and additional information regarding the question raised by the Customer.
    2.2.2. Independently determine the composition of specialists providing consulting and, at its own discretion, distribute the work provided for in the Agreement among the members of this group.
    2.2.3. If necessary, involve specialists who are not on the Contractor’s staff, who for the purposes of this Agreement are considered to be the Contractor’s specialists, to participate in the provision of services.
    2.3. The customer undertakes:
    Create the conditions necessary for the Contractor to provide them with consulting services, including:
    2.3.1. Timely provide the Contractor with information and documents necessary for the provision of services.
    2.3.2. If it is necessary to provide services outside __________________, reimburse the Contractor for the travel of the Contractor's specialists to the place of provision of services and back and the cost of paying for the hotel.
    2.3.3. Make all payments under the Agreement on time.
    2.4. The customer has the right:
    2.4.1. At your own discretion, contact/not contact the Contractor for the provision of services provided for in the Agreement.
    2.4.2. Upon written or oral request, without additional payment, obtain from the Contractor information about the regulatory legal acts on which the Contractor's recommendations and conclusions are based, as well as the texts of these acts.

    3. Cost of services and payment procedure

    3.1. The cost of the Contractor's services includes the amount of the Contractor's remuneration under the Contract, which is calculated on the basis of the rates specified in Appendix No. 1 to the Contract, expressed in rubles for 1 hour of work of one Contractor specialist and including VAT based on the type of services and the actual amount of time worked by the Contractor's specialists, the amount , provided for in clause 3.2 of the Agreement (including VAT charged by the Contractor to the Customer), as well as other payment amounts provided for in this clause of the Agreement.
    3.2. In addition to paying remuneration, the Customer additionally reimburses the Contractor for all actually incurred and documented overhead expenses (including VAT amounts paid by the Contractor to third parties) associated with the provision of consulting services and the involvement of specialists who are not part of the Contractor’s staff.
    If the Contractor's written response is submitted in more than one language, the Customer additionally pays the Contractor for the translation of such response into another/other languages ​​in the amount of _____ rubles, including VAT, for 1 page of translation text (1700 characters, including spaces) for each additional language.
    3.3. The Contractor issues invoices monthly (regardless of the degree of completion of the work) no later than the ____ day of the month following the month of provision of services. In the event of an unspecified delay in payment of invoices, the Contractor has the right to demand a transition to an advance form of payment.
    An invoice with a transcript of the consultations provided, as well as an act on the provision of consulting services (Appendix to the Agreement) are transferred to the Customer and must be accepted or protested by him within ____ business days from the date of receipt by the Customer. In case of default by the Customer, the specified documents are considered accepted. In this case, payment in accordance with the terms of the Agreement must be made by the Customer within ___ days from the expiration of the period provided for acceptance. Transfer of documents is carried out through a specialist, by fax or courier.
    3.4. At the request of the Customer and with the consent of the Contractor, the final cost of services provided upon a specific request may be agreed upon by the Parties before the provision of services. The Customer must inform the Contractor about the desire to pre-agreed the cost of services before sending a request for services to the Contractor. Based on the results of agreeing on the cost and volume of services, the Parties enter into an additional agreement.
    3.5. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.
    3.6. In the event that the impossibility of performance arose due to circumstances for which neither Party is responsible, the Customer shall reimburse the contractor for the expenses actually incurred by him.

    4. Confidentiality

    4.1. The parties undertake to take all necessary measures for protection trade secret each other. The Contractor has no right to disclose information received from the Customer, except in cases established by law.

    5. Responsibility of the parties and procedure for resolving disputes

    5.1. The Parties will strive to resolve all controversial issues related to the execution of the Agreement through negotiations between them.
    5.2. In case of failure to reach agreement during consideration controversial issues The Party that put forward the demand sends a claim to the other Party, which is considered by the latter within 10 days from the date of its receipt.
    5.3. If the dispute is not resolved through a claim procedure, the dispute is subject to consideration by the Arbitration Court of the city of _______ in accordance with current legislation.
    5.4. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Contractor is liable to the Customer to the extent of the cost of the services provided, which resulted in damages to the Customer, and if there is fault.
    5.5. For untimely transfer by the Customer of the advance amount, interim and final payment amounts under the Agreement, the Customer shall pay the Contractor a penalty in the amount of ____ percent of the amount of the overdue payment for each day of delay, if the Contractor sends the Customer a request for payment of the penalty. If such a request is sent, the penalty is calculated from the day the Customer violates the payment deadline.

    6. Change, termination of the contract and its duration

    6.1. Any changes and additions to the Agreement will be valid only if they are made in writing and signed by the Parties.
    6.2. The Customer has the right to refuse to fulfill the contract for the provision of services for a fee, subject to payment to the Contractor for the expenses actually incurred by him.
    6.3. The Contractor has the right to refuse to fulfill obligations under the Paid Services Agreement only if the Customer is fully compensated for losses.
    6.4. For the purposes of this Agreement, losses mean:
    __________________________________________________________.

    7. Final provisions

    7.1. All Appendices and additions to this Agreement are its integral parts and form a single whole with it.
    7.2. The Agreement is drawn up and signed in two copies, one for each of the Parties, with equal legal force each copy.
    7.3. If legal and postal addresses, bank and other details change, the Parties immediately inform each other about this.
    7.4. The agreement is concluded for a period of _________ and comes into force on the date of its signing.

    8. Addresses and payment details of the parties

    Customer: ______________________________________________________________

    ___________________________________________________________________________

    Performer: __________________________________________________________
    ___________________________________________________________________________
    ___________________________________________________________________________

    Signatures of the parties:

    Customer: Executor:

    _____________________ _____________________

    Our catalog of sample documents, contract forms and job descriptions collected in this section

    AGREEMENT FOR PROVISION OF CONSULTING SERVICES ON ECONOMIC ACTIVITY ISSUES

    AGREEMENT N __ "___" __________ ____ __________ _____________________, hereinafter referred to as the "Customer", represented by director ____________________, acting on the basis of ______________, on the one hand, and __________________________, hereinafter referred to as the "Contractor", represented by director ________________, acting on the basis of ___________________, on the other hand, we have concluded this agreement as follows: 1. SUBJECT OF THE AGREEMENT: 1.1. The Customer instructs, and the Contractor undertakes, under the terms of this agreement, in accordance with the Customer’s assignments, to advise the Customer on issues of his business activities. 1.2. Consulting services provided by the Contractor to the Customer under this agreement include: - preparation and provision of consultations and clarifications on issues commercial activities and management of the Customer; - preparation and provision of consultations and clarifications on legal issues relating to the Customer’s business activities (License for the right to provide legal services issued by the Ministry of Justice on September 23, 2002, registered under N 1026); - preparation and provision of advice on accounting and reporting issues for the Customer; - preparation and provision of consultations on other issues of the Customer’s economic activities. 1.3. Consulting services under this agreement can be provided by the Contractor: - orally at the Contractor’s office or at the Customer’s office; - in writing; - with the preparation of drafts of the necessary business, legal, economic and other documents. 1.4. The list of specific tasks for the Contractor for each individual stage of execution is determined by the Customer independently and communicated to the Contractor orally or in writing within a time period sufficient to prepare consultations and clarifications. 1.5. The results of services (work) provided under this agreement are the exclusive property of the Customer. Within 3 days after signing the Certificate of Acceptance and Delivery of Services (Works), the Contractor undertakes to destroy the prepared materials and results of services (works) posted on the Contractor’s electronic and paper media. 1.6. The consulting services provided for in this agreement are provided by the Contractor to the Customer within 200__ from the date of signing this agreement. 1.7. The consultations and explanations prepared and provided to the Customer are the professional opinion of the Contractor and are advisory in nature. 2. RIGHTS AND OBLIGATIONS OF THE PARTIES: 2.1. The Customer has the right: - to independently determine the list of tasks for the Contractor; - contact the Contractor for consultations outside of working hours; - at any time adjust the content of tasks for the Contractor. 2.2. The Customer undertakes to: - create for the Contractor all conditions for the highest quality provision of services in accordance with the Contractor’s proposals; - if necessary, provide the Contractor with economic, legal, accounting and other documentation compiled during the implementation of business activities for the preparation of consultations and clarifications; - make timely payments for the services provided by the Contractor. 2.3. The Contractor has the right to independently establish a schedule and mode for carrying out actions to provide services that are the subject of this Agreement. 2.4. The Contractor undertakes to: - provide the Customer with timely consultations and clarifications on the tasks assigned by the Customer; - at the Customer’s request, provide an oral or documentary report on the results of the actions taken to provide services that are the subject of this Agreement; - maintain the confidentiality of information received from the Customer during the provision of services; - ensure the safety of documentation transferred to him by the Customer for the preparation of consultations and clarifications. 3. PAYMENT FOR SERVICES AND PAYMENT PROCEDURE: 3.1. Upon the provision of consultations and explanations by the Contractor to the Customer, the parties draw up a Service Acceptance Certificate. 3.2. The Customer pays for the services provided by the Contractor no later than 30 banking days from the date of signing the Service Acceptance Certificate. 3.3. The amount of payment is determined in accordance with the Contractor's Price List, valid at the time of signing the Services Acceptance Certificate, based on the volume (time spent) of services provided. The payment amount is indicated by the parties in the Services Acceptance Certificate. 3.4. Payment is made by bank transfer of funds in rubles from the Customer's account to the Contractor's account. 3.5. By additional written agreement between the Customer and the Contractor, other forms of payment are possible that are not prohibited by law. 4. RESPONSIBILITY OF THE PARTIES: 4.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the parties bear responsibility as provided for by law and this agreement. 4.2. For late payment for the Contractor's services, the Customer is liable to the Contractor in the form of a penalty in the amount of 0.1% of the payment amount for each day of delay. 4.3. For delays in the provision of services, the Contractor is liable to the Customer in the form of a penalty in the amount of 0.1% of the payment amount for each day of delay. 4.4. Disputes between the parties are considered by arbitration courts in accordance with the law. 5. VALIDITY OF THE AGREEMENT: 5.1. This agreement comes into force from the moment it is signed by the parties and is valid until "___" __________ ____ 5.2. This agreement is drawn up in Russian in two copies: one for the Customer, the second for the Contractor. 5.3. All issues not regulated by this agreement are resolved by the parties in accordance with the law. 6. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES: Customer: Director Director ___________________ __________________ Appendix No. 1 to Agreement No. __ dated "__" __________ 2004 "__" ________ 2004 ________________, hereinafter referred to as the "Customer", represented by the director ________________, acting on the basis of _____________, on the one hand, and __________________________, hereinafter referred to as the “Executor”, represented by the director _______________, acting on the basis of ________________, on the other hand, hereby agree on the following: 1. The Contractor undertakes to do so before “___” __________ 2004 . prepare and provide consultation to the Customer on the following legal issues of the Customer’s economic (commercial) activities: 1. 1. review of legislation regulating the procedure for issuing by business entities their own securities (bills of exchange). 2. Work must be completed on paper or magnetic media in 1 copy. Materials are provided by the Customer. 3. Consultation must be prepared on the basis of the laws governing the procedure for carrying out these operations. 4. The customer undertakes, no later than 30 days from the date of signing the Certificate of Acceptance and Delivery of Services (Works), to make payments for the work performed and services rendered. SIGNATURES OF THE PARTIES: Customer: Contractor: _______________________ _________________________ M.P. M.P. SERVICE ACCEPTANCE AND DELIVERY ACT No. 1 to Agreement No. ___ dated "___" _______ 2004 - Appendix No. 1 dated "__" _______ 2004 "__" _____________ 2004 ________________, hereinafter referred to as the "Customer", represented by the director _________________ , acting on the basis of ______________, on the one hand, and ___________________________________, hereinafter referred to as the "Executor", represented by the director ___________________, acting on the basis of ________________, on the other hand, signed this Act on the following: 1. In accordance with Appendix No. 1 dated "___ "_______ 2004 to Agreement No. ___ dated "___" ______ 2004 The Contractor performed on the instructions of the Customer, and the Customer accepted the following work related to advising on legal issues of the economic (commercial) activities of the Customer: A. Review of legislation regulating the procedure for issuance by business entities own securities (bills). 2. Services are provided (work completed) within the established time frame. The customer has no complaints about the quality and volume of services provided (work performed). 3. For the provision (preparation) of services (work) the Contractor spent: ____ (ninety-one) man-hours. 4. The amount of payment for services rendered (work performed) is _______________ (___________________________) ruble, incl. VAT 18% - _____________ rubles. 5. Customer: Contractor: _______________________ _________________________ M.P. M.P.

    Providing consulting services is an opportunity to receive compensation for helping to resolve a particular situation in a person’s life; such practice can be of a legal nature or private.

    In the provision of such services, a paid contract is used, since the rules on contracting and the rules for the provision of communication services, advocacy, etc. are applicable here.

    This is a paid agreement, according to which one party undertakes to provide services and the other to pay for them.

    The need for this document lies in the need of one party to receive advisory services in a particular area, and the other party, having a staff of experienced specialists, can provide assistance to a client in need in solving global issues.

    By the way, most often enterprises, that is, legal entities that need help resolving issues regarding economic and financial activities, resort to advisory issues.

    How disputes arising from service agreements, including consulting services, are resolved, you will learn in this video:

    Compiled by whom and when

    This agreement, like any other, is a bilateral document, so the customer and the contractor are required to sign it after it is finalized.

    In this case, the role of the customer can be any person who needs services of a similar nature, and the role of the contractor can be an agency, individual entrepreneur, or private person.

    Important: concluding a contract is only possible between the customer and the contractor. An agreement is signed before services are provided.

    What are consulting services

    This is the activity of providing services in the form of advice, consultations, performing examinations in various fields human activity.

    The achieved goal of such services is to provide information in the form of recommendations or clarifications.

    Consultants are engaged in such activities, both independently, working on their own and providing information in a narrow area, and as part of a staff of specialists with high skills and abilities, providing a comprehensive range of services.

    Consulting services include:

    • Accounting;
    • IT administration;
    • Tax consulting;
    • Legal services. you will learn how to correctly draw up an agreement for the provision of legal services with a legal entity;
    • Management activities;
    • Registration of various documentation related to registration of real estate, receipt of statements, etc.

    Sample contract for consulting services.

    Consulting services are of the following types:

    • Financial – helps to effectively build financial activities enterprises, through assessment activities, construction effective schemes calculations and alignment of indicators;
    • Managerial – consultants help determine weaknesses production, make them strong, adjust the activities of the organization in such a way that there is a rational arrangement of the structure of the enterprise, new tasks and goals are lined up;
    • Accounting – conducting training for existing personnel regarding the use of new technological developments And software, effective application accounting innovations;
    • Legal – effective support for the enterprise in maintaining documentation and submitting reports in accordance with constantly changing legislation;
    • Tax – constant monitoring of innovations in tax legislation and effective maintenance of accounting and reporting documentation in this area.

    A special feature of consulting and information services is the provision of recommendations and explanations in the field of procurement of goods, works and services that arise for the customer when encountering the legislation of the Russian Federation regarding these areas.

    Legal consulting services are one of the forms of lawyer education in Russia, specializing in providing information in the field of jurisprudence.

    Who provides these services

    Consulting activities are carried out by intelligent professional consultants who provide services in the form of advice and clarification in various fields.

    Consultants are related to:

    1. Individuals.
    2. Legal entities as:
    • Consulting;
    • Legal;
    • Insurance;
    • Educational. What it is - read the publication at the link;
    • Auditing companies.

    Essential terms and parties of the agreement

    An agreement for the provision of consulting services is related to paid contracts for the provision of services and is regulated by the relevant articles of the Civil Code of the Russian Federation. According to its wording, the parties to such an agreement are the customer and the contractor.

    Each contract may have its own characteristics due to the specifics of the services provided, but an essential condition of any contract is the subject of the agreement - the provision of services.

    What does it look like standard form You will find out about the service agreement.

    Document form and details

    It is the right of the parties to the transaction to choose one form of agreement or another, but it is necessary to include basic information in the document:

    • Parties to the transaction - indicate names and details;
    • The subject of the agreement is the provision of a certain type of service;
    • Cost of services;
    • Rights and obligations of the parties;
    • Responsibility;
    • Force majeure situations;
    • Other provisions;
    • Signatures of the participants indicating the transcript and date of compilation.
    An example of filling out an agreement for the provision of consulting services.

    Instructions for compilation

    All main points should be described in the document in as much detail as possible, this will secure the transaction and enable the participants in the process to cooperate normally.

    The subject of the contract must describe in as much detail as possible the type of services with their phased implementation.

    In this case, it is impossible to establish the timing with utmost accuracy, so, as a rule, they indicate from what date to what date consultations will be provided, or during what period - a month, a year, six months.

    It is not necessary to indicate the cost of services, since it is charged in accordance with Art. 424 of the Civil Code of the Russian Federation, however, there are unique specialists who simply have no equal.

    Civil Code of the Russian Federation Article 424. Price

    1. The execution of the contract is paid at the price established by agreement of the parties.
    In cases provided for by law, prices (tariffs, rates, rates, etc.) established or regulated by those authorized to do so are applied. government agencies and (or) local government bodies.
    2. Changing the price after concluding an agreement is permitted in cases and under the conditions provided for by the agreement, the law or in the manner prescribed by law.
    3. In cases where compensation agreement the price is not provided and cannot be determined based on the terms of the contract; the execution of the contract must be paid at the price that, under comparable circumstances, is usually charged for similar goods, works or services.

    It would also be a good idea to indicate the calculation procedure. The rights and responsibilities should clearly describe the result of the service received and what it should look like after completing the task.

    Important: the customer has the right to demand strict execution of the assigned task, and the contractor can even force him to accept the work and sign an acceptance certificate.

    In the section of responsibility, you can indicate that the parties bear it in accordance with the requirements of the law, or you can describe the amount of the penalty for violating the clauses of the contract.

    What errors might there be?

    The document should be drawn up only after complete solution all controversial issues and reaching a compromise. The contract can no longer be amended, so it must clearly contain everything required types services, scheduled in stages.

    At the point of payment, when providing a payment option, it is necessary to take into account that the provision of some services requires certain costs, and therefore an advance payment is required.

    The contract must contain at least approximate deadlines, since the customer will not be able to subsequently demand payment of compensation for failure to meet the required performance dates.

    It must contain the details of both parties and their signatures. The document is also accompanied by a package of documents:

    • Payment documents;
    • Work acceptance certificate;
    • Consultant's report;
    • Protocol of disagreements;
    • Ordering additional services.

    Nuances of formation depending on the status of the performer

    1. If the consultant needed by the company is an individual, then the conclusion of an agreement with him is formed in simple written form, the document must contain detailed information in the following paragraphs:
    • Subject of the agreement;
    • Execution deadlines;
    • Calculation.

    Such an agreement is a contract for the provision of services for a fee. In this case, the employer does not enter into labor relations with an individual.

    1. Between enterprises, a document is concluded on cooperation, where one enterprise undertakes to provide consulting services to the other for a fee.
    2. If an enterprise has to contact an individual entrepreneur, the contract can be concluded in:
    • Simple form;
    • Oral - this form has certain risks, so if a serious approach to the matter is required, it is better to draw up a written agreement;
    • Notarized.

    Payment for services

    Payment occurs in several options:

    • With an advance payment;
    • After the provision of services, according to the work acceptance certificate and according to the contractor’s report;
    • Under other conditions specified in the document.

    Important: services can be paid on a more flexible schedule, as well as at high rates if the work is unique and the specialist has no equal.

    Conclusion

    The use of consulting services in the business world is in great demand, as competition forces enterprise managers to look for ways out of difficult situations and improve the level of work of the management team and production development in general.

    In what order is payment made under a contract for the provision of consulting services - see this video:

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