Contract for consulting services. Agreement for the provision of consulting services on business issues

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 the email address that 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.

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 consent of the Customer, 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 debit cash 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 business 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 of an 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 the event 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 Service, the Contractor is obliged to notify the Customer about this, transfer scanned copies of documents confirming the provision of the Service by means of electronic communication to the email address: . 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. If the Contractor violates 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 law 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 fulfill 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 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 executed by the Parties in in full its 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 individuals for the processing of their personal data (Appendix No. 4) - disclose (provide) to the Customer information about the owners (nominee owners) of shares/shares/shares: the Contractor in the form provided for in 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 sent to 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.

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Consulting services involve analyzing the situation at the enterprise, developing a number of recommendations for its successful resolution and implementing these recommendations together with the management of the enterprise. They turn out to be specialists to ensure the development and prosperity of a business. The provision of such services is governed by a contract for the provision consulting services.

Agreement with legal entities and individuals

As a rule, we are talking about paid services. But large consulting firms can provide free services to promising clients at the initial stage of cooperation. The goal is to be involved in the further conduct of the client’s business for an appropriate fee.

Considering the importance of consulting for any business, consulting services have a high cost. IN developed countries Tens of millions of dollars are spent on them.

Parties to the agreement consulting services are the customer (legal entity or individual entrepreneur) and the executor or consultant (can be a legal entity or an individual). Regardless of who the customer and the contractor are, the contract is drawn up according to the same model.

The only difference between a contract with an individual is that the customer is obliged to withhold taxes and fees from him (on the income of individuals, in particular Pension fund, to the Health Insurance Fund) before payment of remuneration. In such cases, it is better to include this in the text of the document as a separate paragraph to avoid disagreements during calculations.

Types of consulting services

Consulting services are a very broad concept. When drawing up a contract, you must indicate the type of services provided. There are the following main types of consulting services:

• accounting: the work of the accounting department is assessed and optimized, assistance is provided in working with documents and maintaining accounting records;
• tax: checking the compliance of the company's policies with state tax regulations, solving problems with tax payments, including in court, developing a system for planning tax payments;
• legal: company registration, development of internal documentation, making changes to company policy in accordance with changing legislation;
• managerial: organization economic activity, efficient use human resources, drawing up business plans, combating the crisis.

Management consulting services are the most popular. The effectiveness of a business depends primarily on how the company’s management is structured and how capable management is of coordinating the work of employees to promote the company in the market. Therefore, entrepreneurs are ready to invest in management consulting.

Consulting services are provided with to varying degrees customer participation in the project. It could be:

• . expert consulting (the customer receives all necessary information and recommendations of the consultant and makes a decision);
• . process (the customer takes part in the preparation of recommendations, strategic plans, etc.);
• . training (the customer himself or his employees attend classes organized by the consultant).

The consulting services agreement must stipulate how actively the customer participates in the activities of the contractor.

Model agreement and annexes to it

In 2016 the following form is used standard contract for the provision of consulting services:

• title of the document, place and date of preparation;
• brief information about the parties (full name/name, passport details/certificate of registration, representatives (if any));
• the subject of the agreement (usually brief, detailed data is contained in the terms of reference attached to the document);
• terms of provision of services, amount of remuneration and procedure for its payment;
• the possibility of attracting third parties;
• duties, rights, responsibilities of the customer and consultant;
• confidentiality statement;
• termination of the contract;
• details of the parties and signatures.

As you can see, the structure of this agreement does not differ significantly from a regular service agreement. The document also includes one or more annexes:

• terms of reference;
• work schedule;
• payment schedule;
• certificate of acceptance of services provided.

Drawing up technical specifications

The terms of reference determine what services will be provided and what results are expected. At the same time, the performer retains the right to independently choose working methods. In addition, it allows the customer to set out his requirements for consulting services, and the contractor to do the work according to the customer’s idea of ​​the final result.

There is no standard form for this document. However, it is recommended that it state the following:

• brief information about the customer and contractor;
• detailed description of services;
• terms and forms of providing services (orally, in writing, individually, in groups, etc.);
• distribution of responsibilities between the parties to the contract;
• expected results, acceptance criteria;
• signatures and seals.

The quality of services provided in accordance with the contract and the successful achievement of the goals set by the company depend on how clearly the terms of reference are formulated.

Consulting services play an important role in the economic development and success of a company in the market. A correctly concluded contract for the provision of consulting services, to which a technical specification is attached, is the guarantee that the result will meet the customer’s expectations.

"__" ____ 2014

Represented by _______, acting on the basis of _______, hereinafter referred to as the “Contractor”, on the one hand, and _______ represented by _______, acting on the basis of _______, hereinafter referred to as the “Customer”, on the other hand, hereinafter referred to as the “Parties”, concluded This agreement, hereinafter referred to as the “Agreement”, is 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 consent of the Customer, 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. The total cost of the Services under this Agreement is determined by the Parties in accordance with the calculation of the costs of the 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 ___ business 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 ___ business 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 within the period 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 ___ day 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 date of receipt of the reconciliation act, reconciles the 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 of an 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 ___ business 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 completion date 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 email address: _____. Original documents confirming the provision of the Service (Service Provision Certificates signed by the Contractor) must be sent to the Customer no later than ___ calendar days, counting from the date of completion of the Service, but in any case before the ___ day of 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 provide the necessary documents, the Customer notifies the Contractor. 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 hereof Agreement. If there are errors or other inaccuracies in the specified copies of documents, the Customer notifies the Contractor of 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 notice 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 under 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 date of receipt of partial payment amounts from the Customer for the provision of services, but no later than ___ date 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. If the Contractor violates 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 fulfill 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 upon termination of such circumstances. Proof of the existence of force majeure circumstances and their duration is the corresponding written certificate of the state authorities of the 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 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 of _____.

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 shall send ___ days written notice to the other Party (except for cases of unilateral refusal to perform 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 for in Appendix No. 3 to the Agreement, indicating the beneficiaries (including the ultimate beneficiary/beneficiary) with the provision of supporting documents. In case 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 recognize the provisions of this paragraph as an essential condition of the 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.

12.5. Annexes to the Agreement:

• Appendix No. 1 – Technical specifications;
• Appendix No. 2 – Cost calculation of Services;
• Appendix No. 3 – Certificate form about the chain of owners of the company;
• Appendix No. 4 – Consent form for the processing of personal data.

13. LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES

Executor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Customer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

14. SIGNATURES OF THE PARTIES

Performer _________________

Customer_________________

Document type:

• Agreement

Currently, almost every field has acquired a wide range and volume of necessary knowledge.

It is impossible to cover all types of activities, be it accounting, legal, tax sphere. In order to have reliable information and information, you often have to resort to the services of consultants.

What is consulting

As a rule, there is a fee for consulting. Now the type of activity of some individuals and organizations is based on this. This activity is called consulting.

This concept does not establish a framework in matters of counseling. This could be legal advice, marketing advice, collateral, accounting and so on.

The legislation does not provide a clear definition of this area of ​​activity. At the same time, it requires documenting transactions related to consulting.

Consulting agreement

To begin with, I would like to define what a consultation is. It involves the transfer of information from persons who have special knowledge in a particular area. Information may take the form of advice, recommendations, expertise, etc.

It follows that the provision of such assistance will constitute consulting services. From here you can see what a consultant is like.

Firstly, this is a specific individual. It must have the necessary special knowledge in a particular area. This also includes the need to possess skills, abilities, and so on.

Transactions of consulting services must be completed by signing an agreement. The procedure for concluding transactions is regulated by the Civil Code of the Russian Federation.

This type of activity is paid. This means that the consultant must receive appropriate remuneration for his assistance.

In order to make it more specific, a special section is included in the text of the document. It specifies the amount of remuneration and the payment procedure. The execution of this document is carried out taking into account the norms and requirements for the execution of service agreements and contracts.

Essential condition consulting agreement- this is the subject of the contract. In this section, it is necessary to clearly clarify the specific field of knowledge (activity) in which consulting will be carried out.

Consulting services can be either oral or written. There are no clear requirements regarding deadlines. Consultation can be either one-time or regular (periodic).

This type of document has a simple written form. When preparing it, it is necessary to take into account that each individual case is unique.

Therefore, when drafting the text, it is better to use the services of experienced lawyers. Below, under this text, you can download examples and samples of such contracts using free links.

Example of a contract for the provision of consulting services

Example of a contract for the provision of consulting services | Sample

AGREEMENT No.__
for the provision of consulting services

Moscow "___" _______ 2004

LLC "Adviser"(license No. E 000796 for auditing activities, issued by Order of the Ministry of Finance of the Russian Federation dated June 25, 2002 No. 123), hereinafter referred to as Executor, represented by ________________ _______________________, acting on the basis of __________________________, on the one hand, and _______________________________, hereinafter referred to as \" Customer\”, represented by _______________________ ________________, acting on the basis of _____________________, on the other hand, have entered into this agreement as follows.

1. SUBJECT OF THE AGREEMENT

1.1. Executor undertakes to provide Customer consulting support, including:

— providing recommendations on accounting and tax accounting at Customer and/or other legal entities and individuals related to the activities Customer and influencing it economic activity;

- analysis accounting and taxation of business transactions Customer and providing information based on the results of this analysis with an expression of opinion on compliance with the requirements of Russian legislation and proposals (recommendations) for correcting inconsistencies if they are detected;

— conclusions on issues of Russian and international law;

— financial analysis, preparation of business plans.

1.2. List of specific questions Customer determined by sending written requests To the performer.

1.3. Customer assumes obligations to pay for the provided Performer consulting support specified in clause 1.1. of this agreement.

1.4. Audit of financial statements Customer can be carried out, if he is interested in this, on the basis of a separate agreement for a fee, which can be agreed upon additionally.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

The performer is obliged:

2.1. Be guided when providing services Russian legislation and applicable auditing standards.

2.2. Ensure the safety and return of original documents received from Customer during the execution of this agreement.

2.3. Within 3 working days from receipt written request Customer, incl. By email or fax, send reasonable written explanations and recommendations to the Customer.

2.4. Provide services in strict accordance with the assignment Customer, however, if compliance with the instructions Customer may negatively affect the quality of work performed, Executor, as a specialist in his field, is obliged to warn about this in a timely manner in writing Customer.

The customer is obliged:

2.5. Sign the Acceptance Certificate and pay for the services Performer in the amount and terms provided for in this agreement.

2.6. Provide Performer documents and information necessary for the execution of the contract.

3. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF SERVICES

3.1. Upon completion of work Executor represents To the customer draft final materials. Customer undertakes to review the draft final materials within 3 working days from the date of receipt, and if there are no objections, sign and send To the performer a signed Certificate of Acceptance of Services or a reasoned refusal.

3.2. In case Customer does not sign the Certificate of Acceptance of Services and does not send objections within a 3-day period, the services are considered accepted from the moment of its expiration.

3.3. In case of a reasoned refusal Parties a bilateral act is drawn up with a list of necessary improvements and deadlines for their implementation.

3.4. In case of early completion of work Customer has the right to accept services ahead of schedule.

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. Cost of services (amount of remuneration due To the performer under the contract) is calculated on the basis of the rates specified in Appendix No. 1 to the Contract, expressed in US dollars per 1 hour of work of one specialist Performer, based on the type of services and the actual amount of time worked by specialists. These rates include value added tax.

4.2. Payment for services is carried out on the basis of a signed Parties Certificate of acceptance of services no later than 3 banking days by transfer of funds to the current account Performer in rubles at the exchange rate of the Central Bank of the Russian Federation on the date of payment or other agreed Parties way.

4.3. In case of early termination of the contract, payment for services Performer carried out Customer based on the report Performer about the actually fulfilled part of the contract and the costs incurred. Reward amount Performer determined in proportion to the actual time worked by specialists Performer regarding the total duration of service provision.

5. RESPONSIBILITY OF THE PARTIES

5.1. Responsibility Parties limited to the amount of this agreement.

5.2. Executor does not answer:

5.2.1. for conclusions drawn on the basis of documents and information Customer containing false and/or incomplete information;

5.2.2. in case of changes in legislation after the provision of services, as well as in the case when acts amending legislation are published after the work has been carried out, but come into force on a date prior to their completion;

5.2.3. for other circumstances and reasons beyond control Performer.

6. CONFIDENTIALITY

6.1. The amount of non-disclosure information is determined by the Customer and communicated to the Contractor in writing. In the absence this list All information is considered confidential, except that which, in accordance with current legislation, cannot be a trade secret.

6.2. The parties undertake to maintain strict confidentiality of information received during the execution of this agreement and to accept all possible measures to protect the information received from disclosure.

6.3. Transfer of confidential information to third parties, publication or other disclosure of such information can only be carried out with the written consent of the other party, regardless of the reason for termination of this agreement.

6.4. Restrictions on the disclosure of information do not apply to publicly available information or information that became so through no fault of the parties, as well as information that became known to a party from other sources before or after its receipt from the other party.

6.5. The Contractor is not responsible in case of transfer of information government agencies who have the right to request it in accordance with the legislation of the Russian Federation.

7. FINAL PROVISIONS

7.1. This agreement comes into force from the moment of its signing Parties and is valid until December 31, 2004. In case none of Parties 30 days before the end of the contract does not declare its termination, it is extended for the same period.

7.2. Parties of this Agreement confirm that the services Performer have economic justification and significance for Customer and their result can be used Customer within the framework of his business activities.

7.3. By concluding this Agreement, Parties assume that acquisition costs Customer services Performer are economically justified.

7.4. All notices and communications provided for in this agreement are made in writing. Additional agreements to this agreement have legal force from the moment of signing by authorized representatives Parties

7.5. All information that has become known To the parties about each other in the process of fulfilling obligations under this Agreement is confidential and cannot be disclosed in any way to third parties without the consent of the other Parties. In cases where, without such disclosure, execution Side obligations under the contract are impossible, Side must immediately notify the other Side and act in accordance with it.

7.6. Parties provide all possible assistance to each other in the execution of the agreement. In case of disagreement Parties will take all measures to resolve them through negotiations, which cannot last more than one month. After this period of time, the dispute is considered in the Moscow Arbitration Court.

7.7. This agreement is drawn up in two copies, each of which has equal legal force.

DETAILS AND SIGNATURES OF THE PARTIES

____________________/___________/ ____________________/____________/

Appendix No. 1

to Agreement No._________ for the provision of consulting services

Current rates for consulting services

(for 1 hour of work of the relevant specialist, including VAT)