Agreement for the provision of services on a monthly basis. Annual contract with monthly payment sample. Addresses and bank details of the parties
Contract No. ___/13
city___________ "___" __________ 2013
Society with limited liability“StroyStimul”, hereinafter referred to as the “Contractor”, represented by General Director E.A. Parshikov, acting on the basis of the Charter, on the one hand, and citizens___ __________________________________________, hereinafter referred to as ____ “Customer”, on the other hand, collectively referred to as the “Parties” , have entered into this Agreement (hereinafter referred to as the Agreement) as follows.
1. Subject of the agreement
1.1. The Customer instructs, and the Contractor undertakes, the execution of construction and installation work in accordance with the local estimate (Appendix No. 1) in an apartment with building number ___, located at the address: _______________________________________________________________________________________ (hereinafter referred to as the Facility).
2. Cost, procedure for payment and acceptance of work under the contract
2.1. The cost of work under this Agreement is determined on the basis of an estimate (Appendix No. 1), which at the time of signing this Agreement is _________ (_______________________________________ rubles __ kopecks), including VAT - 18%.
2.2. Payment under the agreement is made in the following order:
Within 3 days from the date of signing this Agreement, the Customer shall
advance payment in the amount of 75 percent of the total cost of work, which is _________ (__________________________________________ rubles __ kopecks), including VAT - 18%.
After complete completion of the work, no later than 3 days after the Customer signs the work acceptance certificate (f.KS-2, KS-3), the Contractor is paid the amount of this Agreement minus the advance payment.
Acceptance of work by the Customer is carried out within 3 days from the date of receipt of the work acceptance certificate from the Contractor (form KS-2, KS-3). Within the specified period, the Customer is obliged to sign an acceptance certificate for the work performed or send the Contractor a reasoned refusal to accept the work. If the Customer refuses to accept the work by the Parties, a bilateral act is drawn up within 3 working days from the date the Contractor receives a reasoned refusal. If the Customer does not sign the acceptance certificate for the work performed within 3 days and does not provide the Contractor with a reasoned refusal, the work is considered accepted and subject to payment.
2.3. If the Contractor, after payment by the Customer of the advance payment, does not begin to perform work under this Agreement within more than 7 working days, then the Customer has the right to terminate this Agreement and demand the return of the advance payment. The Contractor shall return the advance payment within no more than 5 banking days from the date of receipt of the Customer’s written request.
2.4. The conditions and procedure for making changes to the cost of work are specified in section 5.
3. Time frame for completing the work
3.1. The deadlines for completing apartment renovation work are established by the Parties:
from “___” ___________ 2013 to “___” ___________ 2013.
4 . Responsibilities of the Parties
4.1. The contractor is obliged:
4.1.1. Carry out work in the amount and within the time frame stipulated by the Contract, and hand over the object to the Customer as specified in clause 3.1. Contract term.
4.1.2. Ensure that work is carried out in accordance with the project, building codes and regulations and instructions of the Customer and the quality of work is performed in accordance with design documentation and current standards.
4.1.3. Ensure that the necessary safety and environmental protection measures are taken during the work.
4.1.4. Agree with the organization carrying out the construction of the house the procedure for conducting work and ensure its compliance.
4.1.5. Ensure cleaning of the work site and the immediate area adjacent to it.
4.1.6. Remove, within 5 days from the date of signing the act of acceptance of the Object, outside the work site, equipment, inventory, tools, other property belonging to the Contractor, as well as construction waste.
4.1.7. Fulfill your obligations provided for in other articles of the Agreement.
4.2. The customer is obliged:
4.2.1. Transfer the apartment to the Contractor for the duration of the work.
4.2.2. Accept and pay for the Work in the manner prescribed by the Contract.
4.2.3. Fulfill your obligations provided for in other articles of the Agreement.
5. Amendments to the contract
The customer has the right to make changes to the scope of work that, in his opinion, are necessary. In this case, he is obliged to send a written order to the Contractor indicating:
changes in the nature, quality or type of some specified work;
performing certain additional work;
increasing or decreasing the volume of some specified work;
inclusion or exclusion of some type of work.
If such changes affect the cost or completion date of the work, the Contractor will begin to perform them only after signing an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.
The contract price may be changed by mutual agreement of the Parties, which is confirmed by an additional agreement, which becomes an integral part of this Agreement from the moment of its signing.
6. Final provisions
6.1. Any agreement between the Parties entailing new obligations not provided for in the Agreement shall be considered valid if it is confirmed by the Parties in in writing in the form of an additional agreement or protocol, which are integral parts of the Agreement.
6.2. The Parties stipulate that all possible claims under the Agreement must be considered by the Parties within 5 (Five) days from the date of receipt of the claim.
6.3. Disputes that may arise during the execution of the Agreement will be resolved by the Parties through negotiations. If a solution is not reached, these disputes are subject to resolution in court.
6.4. The Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.
7. Addresses and bank details of the parties
In the event of a shortage of goods, the Supplier returns to the Buyer the cost of the undelivered goods or compensates for the shortage upon subsequent deliveries of the goods. 6.3. The Buyer has the right to demand that the Supplier reimburse the cost of a defective product or replace a defective item with a quality one. 6.4. For violation of the terms of this agreement, the parties are liable in a general civil manner, compensating the injured party for losses in the form of direct damage and lost profits. The burden of proving damages lies with the injured party. 6.5. In the event of an unreasonable refusal to accept the goods, the Buyer shall compensate for losses in the form of direct damage and lost profit. 6.6. In case of delay in payment, the Buyer pays the Supplier a penalty in the amount of % of the cost of the unpaid goods for each day of delay in payment, starting from the day, but not more than % of the cost of the corresponding batch of goods. 6.7.
Agreement No.
To the Agreement, the other party has the right to: - demand the elimination of deficiencies arising as a result of deviation from the Agreement; - in case of failure to eliminate deficiencies within a reasonable time after sending the corresponding request in writing, demand early termination of the Agreement in unilaterally. 5.4. The performer bears financial liability: - for damage caused by theft of inventory items committed by breaking into the facility's locks, locks, doors, windows, fences, or by other means, as a result of inadequate security; — for damage caused by destruction or damage to property (including by arson) by unauthorized persons who entered the protected facility as a result of improper fulfillment by the Contractor of the obligations assumed under the Agreement; - for damage caused by fire or for other reasons due to the fault of security workers.
5.5.
Contract for the supply of goods (with the condition of monthly deliveries)
The rights and obligations of the parties in the provision of household services are regulated by the law “On the Protection of Consumer Rights”, as well as the rules of consumer services for the population. In most cases, an agreement for the provision of services is drawn up in writing, although an oral agreement is also allowed between citizens if the cost of the services does not exceed 10 thousand.
rub. As for household services, the contract for their implementation can be drawn up either in a standard form or by filling out a receipt. At the same time, it must reflect all the essential terms of the contract.
If household service is performed directly in the presence of the customer, then the contractor only needs to issue cash receipt or other document confirming payment. The form of a standard contract for the provision of services can be found on our website.
Supply contract with the condition of monthly deliveries
Attention
If a Product is rejected, the assortment of which does not comply with the terms of the Specifications to this Agreement, or a demand is made to replace the Product that does not meet the assortment condition, the Buyer has the right to also refuse to pay for this Product, and if it has been paid, to demand a refund of the paid amount. 6. RESPONSIBILITY OF THE PARTIES 6.1. In case of violation of the delivery time of the Goods established in clause.
4.1 hereof
Important
of the Agreement, as well as the deadline for additional delivery of the Goods established by clause 5.2 of this Agreement, the Buyer has the right to present to the Supplier a demand for payment of a penalty in the amount of % of the cost of the Goods not delivered on time for each day of delay. 6.2. In case of violation of the deadline for payment of the cost of the Goods established by paragraph.
2.3 of this Agreement, the Supplier has the right to present the Buyer with a demand for payment of a penalty in the amount of % of the amount not paid on time for each day of delay.
Possible payment options under the agreement
Info
If all measures provided for in this Agreement are taken to promptly notify the Customer about the improper fulfillment by contractors of their obligations under the construction contract, the Contractor is not responsible for the activities of contractors, but participates in the tender of contractors to complete construction. 2. OBLIGATIONS OF THE PARTIES 2.1. CONTRACTOR'S OBLIGATIONS 2.1.1.
On behalf of the Customer, conscientiously and efficiently monitor the cost of internal repair and finishing work under this Agreement. For these purposes, the Contractor performs the following types of work: - monitors the volume of work performed; — takes part in the intermediate acceptance of completed stages, puts approving signatures in the acceptance certificates of completed work; 2.1.2.
Agreement for the provision of accounting services
Sample documents Agreement for the provision of services for the protection of real estate (with the condition of monthly payment for the services of the contractor) AGREEMENT N for the provision of services for the protection of real estate (with the condition of monthly payment for the services of the contractor) » » , hereinafter referred to as “Customer” , represented by, acting on the basis of, on the one hand, and the Private Security Company, hereinafter referred to as the “Contractor”, represented by, acting on the basis of a license for private security activities No. dated "" issued, on the other hand, concluded this Agreement as follows. 1. SUBJECT OF THE AGREEMENT 1.1. Under this Agreement, the Contractor undertakes to provide security services to the Customer on the terms provided for in this Agreement, and the Customer undertakes to pay for the Contractor’s services on the terms provided for in this Agreement.
1.2.
Agreement for the provision of services and works
The most important feature of this agreement is its personal nature, that is, to provide a service according to general rule, must be precisely the person to whom the contract assigns such an obligation. This shows the similarities between a service agreement and an employment contract. The Civil Code regulates standard contract provision of services, although there is large number various types services (legal, medical, advertising, etc.), the procedure for the provision of which (for example, postal) in addition to the Civil Code of the Russian Federation is regulated by special laws. In other cases, all points not provided for by the Civil Code are determined by mutual agreement of the parties.
Many general agreement for the performance of services has a contract agreement within the framework of which various works are carried out.
Pay for the Contractor's services in a timely manner in accordance with this Agreement. 3.3. In the event that the Customer's property, which is under guard, is exported outside the Russian Federation, the Customer's obligations will be determined by an additional agreement to this Agreement.
4. COST OF SERVICES AND PAYMENT PROCEDURE 4.1. The Customer pays for the services provided under this Agreement in the amount determined by the protocol for agreeing on the contract price. 4.2. Payment for the Contractor's services is made monthly no later than the day of the month following the billing month. as follows: 100% of the cost of services provided is transferred by the Customer to the Contractor’s bank account. The Customer’s obligations to pay for the Contractor’s services are considered fulfilled at the time of receipt cash to the Contractor's bank account. 4.3.
Annual contract with monthly payment sample
Under this Agreement, the Contractor undertakes to protect the real estate owned by the Customer (Certificate, issued), located at the address: , as well as cash and other valuables located at the specified security object and specified in additional agreement, which is an integral part of this Agreement. 1.3. The Customer's property specified in clause 1.2 is subject to protection, both at its location and during its transportation.
Property protection will be carried out by security guards who have the appropriate permit (license). The Customer's property is considered accepted for protection from (date and time).
1.5. Term of provision of services: - beginning: » »; — ending: » » d. 1.6.
Deliver the goods to the buyer no later than. 3.1.2. In due time, by telephone or fax, inform the Buyer about the dispatch of the goods to the consignee. 3.2. Obligations of the Buyer: 3.2.1. Accept the purchased product within the period from the moment it arrives at its destination. 3.2.2. Provide a place to place the goods. 3.2.3. Carry out a check upon acceptance of goods for quantity and quality, sign the relevant documents (acceptance certificate, delivery notes). 3.2.4. Pay the cost of the purchased item. 4. PAYMENT PROCEDURE 4.1. Payment for the supplied goods is carried out within banking days from the date of delivery. 4.2. Payment for the goods delivered to the Buyer is carried out in the form. 5. SHIPMENT PROCEDURE 5.1. The goods are delivered to the Buyer's warehouse, using the Supplier's transport, and at the Buyer's expense, unless otherwise provided by agreement of the parties. 5.2.
A standard version of the contract from the website of the company ASK Advocate Quality - quality control construction work, technical supervision, checking estimates for paid services (monthly payment) Moscow " " 2006 Limited Liability Company "Quality Advocate" (License No. D 592161 dated August 1, 2005, registration number GS-0-), valid for based on the Charter, hereinafter referred to as the “Contractor”, on the one hand, and the citizen, hereinafter referred to as the “Customer” on the other hand, and together referred to as the “Parties”, have concluded this Agreement as follows: 1.
SUBJECT OF THE AGREEMENT 1.1.
The party that has violated its obligations under the Agreement must immediately eliminate these violations. 6.2. The Customer initially releases the Contractor from the obligation to participate in the Customer’s relations with third parties regarding the subject of this Agreement, except for cases expressly provided for current legislation RF.
The Contractor has the right to refuse to fulfill the terms of this Agreement in cases of non-compliance by the Customer with the terms of the Agreement. 6.4. The Contractor is not responsible for conclusions drawn on the basis of documents and information provided by the Customer and containing false information.
6.5. The Customer's objections to the contents of the report in whole or in part cannot be considered as grounds for termination of the Contract or refusal to accept and pay for the work. 7. DISPUTE RESOLUTION 7.1.
2. Agreement for the provision of paid services with a provision for a subscription fee
The provision for such payment is formulated in the contract as the customer’s obligation to pay the same fee every month, if the customer did not refuse to consume services that month.
This condition is contained in contracts with an unlimited volume of consumption of services (communications, television, food, etc.), as well as in contracts under which services from an established list are provided as needed (legal, security, etc.). Thus, the volume of services provided and consumed cannot be determined by the parties at the time of concluding the contract and depends on future events or actions of the customer.
2.1. Conclusion from judicial practice: The issue of paying a subscription fee (periodic and fixed) under a contract is decided by the courts in different ways.
Position 1. Payment of the subscription fee under the contract does not depend on the volume of services actually provided.
Judicial practice:
Determination of the Supreme Arbitration Court of the Russian Federation dated March 30, 2009 N 3356/09 in case N A03-2332/08-33
"... Satisfying the claims, the appellate court, guided by Articles 779, 781 Civil Code of the Russian Federation, as well as the materials of the case, having established that the plaintiff fulfilled the obligations assigned to him under the contract by providing the defendant with 37 subscriptions, he came to the conclusion that Sibgiproselkhozmash OJSC is obliged to pay for the subscriptions, despite the fact that its employees did not use them.. "
Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated August 21, 2007 in case No. A82-14613/2006-7
"...Based on Article 779 (clause 1) of the Code, under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. In Article 781 (clause 1) of the Code it was determined that the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
According to the case materials, the plaintiff connected 3 PRI ports, payment for which the operator is obliged to make in accordance with clauses 4.4 of agreements dated January 20, 2004 N 13 and dated December 9, 2005 N 724/MSD.
The defendant did not provide evidence of fulfillment of the assumed obligations, therefore the court justifiably collected the resulting debt with the accrual of a contractual penalty.
The use by LLC "CHIP" of the provided network resources not in full does not constitute grounds for exemption from payment of the subscription fee. In subclause 3.3.4 of the connection agreement, the responsibility for testing 2048 Kbit/s digital streams on a daily basis is assigned to the defendant, therefore, the latter’s failure to perform such tests does not exempt the plaintiff from paying for the network resources in his use..."
Resolution of the Federal Antimonopoly Service of the West Siberian District dated 08/07/2007 N F04-5048/2007(36665-A75-11) in case N A75-1223/2007
“...The agreement concluded between the parties does not exclude the customer’s obligation to pay a subscription fee, which is an estimated amount and does not depend on the volume of services actually received, during the period of lawful shutdown of the telephone.
Thus, the court’s conclusion that only services rendered are subject to payment was made without taking into account the requirements of the mentioned rules of law and the provisions of the agreement concluded by the parties, as well as without examining the circumstances of the legality of the suspension of the provision of services.
Under the stated circumstances, the court's decision regarding the rejection of the plaintiff's claims is subject to cancellation, and the case is remanded in this part for a new trial..."
Resolution of the Federal Antimonopoly Service of the Moscow District dated November 23, 2006 N KG-A40/10495-06 in case No. A40-29113/06-81-177
“...The cassation instance does not have the right to review the factual circumstances of the dispute established by the court.
The defendant’s assertion that there is no obligation to pay a subscription fee has already been assessed by the court as untenable, taking into account clause 2.1 of the agreement and the letter of guarantee dated February 26, 2005 (case sheet 52), interpreted in conjunction (Articles 421, 431 of the Civil Code of the Russian Federation). .."
More details on this case see the decision of the Moscow Arbitration Court dated 08/29/2006, 08/30/2006 in case No. A40-29113/06-81-177.
Decision of the Moscow Arbitration Court dated August 29, 2006, August 30, 2006 in case No. A40-29113/06-81-177
"...In accordance with clause 1.1 of the agreement, the plaintiff assumed the obligation to provide legal, accounting, economic and marketing services to the defendant, and the defendant agreed to pay for the services in accordance with the terms of the agreement.
In accordance with clauses 2.1, 2.2 of the agreement, the fulfillment of specific duties by the plaintiff was to be carried out on the basis of a letter of guarantee from the defendant, confirmed by the plaintiff, which indicated the services chosen by the defendant.
According to the letter of guarantee dated February 26, 2005, the defendant asked to be accepted for accounting services, indicating that the monthly payment for accounting services was 3,000 rubles. monthly and 19 rubles are paid additionally for each sheet of document.
According to letter of guarantee dated January 13, 2005, the defendant guaranteed monthly subscription payments for services (no later than the end of the current month). That is, regardless of the quantity and nature of the work performed, the defendant undertook to pay the subscription fee within the period established by the letter of guarantee.
Thus, the debt for the period from 02/26/2005 to 02/26/06 for accounting services based on the monthly payment agreed upon by the parties is 36,000 rubles. and is subject to recovery from the defendant..."
Resolution of the Federal Antimonopoly Service of the Moscow District dated August 24, 2006, August 30, 2006 N KG-A40/7866-06 in case N A40-37492/05-29-245
"...In satisfying the claim, the court proceeded from the fact that the plaintiff provided subscription legal services to the defendant in the period from October 2004 to March 2005, and therefore sent Snezhinka LLC acceptance certificates for work performed, which is confirmed by the case materials (vol. 1, pp. 14, 21, 22, 23, 24, 25) In addition, the materials contain the defendant’s request sent to the plaintiff by fax dated November 9, 2004 and the plaintiff’s explanations on this issue dated November 16. 2004 N 477, this exchange of information is provided for in clause 2.1.2 of the agreement. There is no evidence in the case materials that the LLC “Center for Expertise of Legal Relations” did not fulfill any order or task within the framework of the agreement. There are no monetary obligations to pay for the services rendered by the LLC. "Snowflake" is not represented.
Thus, the courts of the first and appellate instances made a reasonable conclusion about the inadmissibility of a unilateral refusal to fulfill obligations assumed in accordance with Article 310 of the Civil Code of the Russian Federation and the terms of the subscription legal service agreement dated April 1, 2004 N 07/04 for payment for work performed by the plaintiff for the period from October 2004 to March 2005
In addition, the court rightfully noted that, in accordance with clause 3.1 of this agreement, the monthly payment under the agreement is defined as a constant amount and is essentially a subscription fee that does not depend on the volume of services actually received in the billing month..."
FAS Resolution Northwestern district dated June 30, 2008 in case No. A52-132/2008
"...As follows from the agreement concluded between the parties, legal services are provided upon written applications received from the customer in an agreed form. If the application is submitted by telephone, then it must be confirmed by fax or e-mail. The provision of services is confirmed by a bilateral act (clause 4.5 agreement).
Contrary to the terms of the contract, the plaintiff presented unilateral acts of acceptance of services provided without their specific decoding. The applications were not submitted, while the defendant does not acknowledge the provision of services according to his applications.
In this situation, the court's conclusions cannot be considered consistent with the case materials and the evidence available in it.
The remaining arguments of the cassation appeal are unfounded.
Contrary to the arguments of the complaint, establishing in the contract payment for services rendered in a certain amount, regardless of the volume of such services, does not contradict the law. Due to the dispositive nature of civil law regulation, the parties have the right to freely determine the most optimal terms of payment for services provided, especially since it is difficult to determine the required volume of services in advance. Subscription nature of payment legal services may suit the parties, since it does not require complex calculations, and a small volume of services in one month can be compensated by a large volume in the next. Such establishment of the contract price cannot be considered as an element of donation.
By virtue of paragraph 1 of Article 424 of the Civil Code Russian Federation execution of the contract is paid at the price established by agreement of the parties..."
Resolution of the Federal Antimonopoly Service of the Ural District dated March 21, 2006 N F09-1859/06-S4 in case N A60-27946/05-S4
“...By the nature of a contract for the provision of services for a fee, in which there is no material result of the action, the service as such is paid for (Articles 779 - 783 of the Civil Code of the Russian Federation).
Satisfying the requirements in the amount of 24,000 rubles. debt for the period from March to August 2005, the court of first instance was justified, in accordance with Art. 309, 432, 779, 781 of the Civil Code of the Russian Federation, proceeded from the fact that an agreement for the provision of services for a fee was concluded between the parties; the agreement provides for a subscription system of payment for services, in which the amount of customer payments for a certain period of time is constant, independent of the volume actually received from the service provider..."
Position 2. The subscription fee is payable only if it is equivalent to the services provided.
Judicial practice:
Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 14, 2006 N 8259/06 in case N A40-38670/04-63-424
"...When issuing the appealed judicial acts, the courts of three instances proceeded from the fact that security services were provided at the price established by the protocol for agreeing on the contract price at the rate of 5,762,711 rubles 86 kopecks per month, but were not paid by the joint-stock company "APREO."
Having checked the validity of the arguments set out in the application, the response to it and the speeches of the representatives of the parties present at the meeting, the Presidium considers that the appealed judicial acts are subject to cancellation, and the case is to be sent for a new consideration on the following grounds.
An agreement on the provision of security services dated 02/09/2004 N 217/02-04 was concluded between the security company and the joint-stock company "APREO", according to which the security company assumes the obligation to protect office premises during the period from 02/17/2004 to 02/09/2005 joint stock company "APREO", and the latter undertakes to transfer to the current account security company the amount of money indicated in the price agreement protocol (Appendix No. 2), no later than the 15th day of each month following the month to be paid, throughout the entire term of the contract. The basis for mutual settlements are acts of completed work.
Meanwhile, the courts satisfied the claim without establishing the volume of services actually provided and their actual cost.
Judicial protection of rights is carried out based on the principles of reasonableness and good faith of participants in civil legal relations. In case of non-compliance with these principles, the court may refuse to protect the rights of an unscrupulous person (Article 10 of the Civil Code of the Russian Federation)..."
Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated February 20, 2009 in case No. A17-2790/2008
“...According to clause 2.1 of the contract, the customer undertook to transfer the amount of 8,000 rubles to the contractor’s bank account no later than the 5th day of each month.
The court comprehensively, fully and objectively examined the case materials and came to the correct conclusion that the documents presented by the plaintiff do not confirm the fact that work was performed and services were provided to the defendant under contract No. 22/07 dated August 28, 2008, since the case materials do not contain bilateral acts of acceptance of services provided , applications of the Sanatorium, as provided for in clause 1.3 of the agreement.
Thus, the plaintiff did not provide evidence indicating that he fulfilled his obligations under the contract. The sanatorium denied the fact that Filatov provided V.A. services during a controversial period..."
Resolution of the Federal Antimonopoly Service of the North-Western District dated October 22, 2009 in case No. A66-396/2009
"...In the cassation appeal, SPYU LLC asks to cancel the judicial acts taken in the case regarding the refusal of the plaintiff in the rest of the claims and the assignment of a state duty to the plaintiff in the amount of 1,462 rubles. 10 kopecks.
According to clauses 7 and 8 of this agreement, the cost of a lawyer’s services is 35,000 rubles. excluding VAT monthly. Payment of the specified amount is made on the basis of an invoice issued by the lawyer to the client no later than the fifth day of the reporting month.
At the same time, the court proceeded from the fact that the plaintiff’s argument about readiness to provide services in the period from January to March 2009 cannot serve as a basis for imposing an obligation on the defendant to pay for services that he did not actually receive.
The cassation instance believes that there are no grounds for canceling the judicial acts taken in the case and satisfying the complaint.
In accordance with paragraph 1 of Article 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
From the above norm it follows that the services actually rendered are subject to payment.
As was correctly noted by the court of appeal, in January 2009 the plaintiff filed a claim with the arbitration court, which indicates that disagreements had already arisen between the parties regarding the execution of the service agreement regarding payments for the previous period.
In addition, the courts have established and the parties do not dispute that in the period from January to March 2009, the plaintiff did not provide services to the defendant.
Thus, the courts justifiably refused to satisfy the plaintiff’s demands to collect debt from the defendant from January to March 2009..."
Resolution of the Federal Antimonopoly Service of the North-Western District dated 02.06.2008 in case No. A13-5997/2007
"...Clause 4.1 and 4.2 of the agreement stipulate that the monthly payment for work performed is 650,000 rubles when using forklifts no more than 14 hours per day; payment for services is made twice a month according to certificates of work performed, signed by both parties, which are drawn up 1 and On the 16th day of each month; payment for work performed is made by the customer within 5 banking days after signing the certificate of completion and the original invoice by transferring funds to the contractor’s bank account.
The court of first instance granted the claim in part on the basis of Articles 309, 779, 711, 720 of the Civil Code of the Russian Federation, refusing to satisfy the claim and penalties for late payment for the period from 04/16/2007 to 05/11/2007 due to the fact that the certificates of work performed were not signed by the Plant, and the Company did not provide evidence of the provision of services for the specified periods.
In violation of the requirements of Article 65 of the Arbitration Procedural Code of the Russian Federation, the Company did not provide evidence of the provision of services in the period from 04/15/2007 to 04/30/2007 and from 05/01/2007 to 05/11/2007. The Plant has not signed certificates of work performed for the mentioned periods, which, in accordance with clause 4.2 of the agreement, is grounds for refusing to collect the debt. The Company did not provide any other evidence confirming the provision of services during the disputed period.
The certificates of work completed for April and May 2007 were given a proper assessment by the court of appeal. The plant disputes the fact that services were provided during this period; There are no primary documents on the basis of which the acts were drawn up. In addition, the Plant presented evidence that in April - May 2007 the loaders were faulty and were under repair...
Under such circumstances, it should be recognized that the judicial acts adopted in the case are justified and legal..."
Resolution of the Federal Antimonopoly Service of the North-Western District dated October 23, 2006 in case No. A13-2083/2006-16
"... LLC "Teploservis" made a demand to fulfill obligations to pay for services rendered in accordance with the agreement concluded with MU "Management Company" dated November 26, 2004 for housing and communal services and maintenance of residential buildings and adjacent areas. The subject of this agreement, concluded within the framework of a municipal contract for the organization of services for municipal needs, is the performance of work on housing and communal services for the population and other consumers, maintenance and ongoing repairs of residential buildings and local areas. The cost of services was agreed upon by the parties in clause 4.1 of the agreement based on the tariff for maintenance and servicing of 1 sq. m. m of total area of housing stock, approved by the Sokolsky Municipal Council municipal district, and amounts to 380,000 rubles. per month. By an additional agreement to the contract dated November 29, 2005, the parties agreed that due to the increase in the price of maintenance and servicing of the housing stock, the cost of work and services performed is 447,995 rubles. monthly. At the same time, the terms of the contract provide for a reduction in the amount of payment for poor-quality and incomplete work and the size of such a reduction on the basis of bilateral certificates of assessment of the quality of work.
Thus, the court’s conclusion about the absence of a fixed contract price and the customer’s right to pay for services depending on the quality of work performed in accordance with bilateral acts corresponds to the materials of the case. Therefore, the claim of Teploservis LLC to recover the cost of services provided based on the specified price in the contract and regardless of their quality was rightfully not satisfied by the court..."
Resolution of the Federal Antimonopoly Service of the Central District dated 09.08.2006 in case No. A35-6771/04-C9
"...By virtue of clause 1 of Article 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
Within the meaning of these legal norms, the contractor can be considered to have properly fulfilled his obligations when performing the actions listed in the contract or carrying out certain activities.
Due to the legal nature of the relationship arising from a contract for the provision of paid services, the contractor’s demands for payment of remuneration are not subject to satisfaction if this demand is justified by a term of the contract providing for the obligation to pay for services regardless of the fact of their provision.
Clause 5.1 of the agreement provides for the customer’s obligation to pay the contractor a basic monthly remuneration in the amount of $3,400, regardless of the volume of services provided by the contractor in the paid month.
One of the main features of contractual legal relations is their equivalence and mutual distribution of rights and obligations of the parties to the transaction.
Therefore, when considering the dispute, the court should have established whether the terms of the payment agreement (clause 5.1) complied with the requirements of the current legislation and the meaning of the agreement as a whole..."
A huge number of organizations provide different types of services.
For example, it could be repair equipment, machinery, etc.
In addition, companies themselves quite often resort to using work of a different nature.
What can I say, each of us is faced with the provision of services from one or another organization every day.
In this article we will look at those intended for the provision of services, as well as how they are produced payment provided work relative to this document. So let's get started.
General information
What's happened service agreement, and what article of the law is it regulated by?
Before you dive into consideration this issue too deep, first let's figure out what this concept is.
Simply put, this is a kind of contract document, which sets out in detail the work that the contractor is obliged to provide (perform), as well as the amount that the customer of this service must pay. Such “cooperation” is regulated by Art. 779-783 Civil Code of the Russian Federation.
It includes certain types of peculiarities, namely:
- definition of the activity itself;
- a clear description of personal character.
Civil Code of the Russian Federation. Article 781. Payment for services
- The customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
- In case of impossibility of performance due to the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of paid services.
- In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for paid services.
Speaking in simple words, its goal is not to create certain material goods. This agreement will serve you a wonderful "helper" in the transport direction, communication direction, medicine, etc.
The contract is a kind of your confidence that the work will be completed efficiently and within the required time frame. It is also worth noting that this agreement in mandatory attached, indicating that the work was submitted and accepted.
Also included is a unique report on the part of the performer regarding expenses, and also important are protocols, which indicate both agreements regarding the work and disagreements. And the last thing to be added is agreements(additional).
Deadlines for completion of work
In the process of drawing up this document, the customer and the contractor must personally determine deadlines doing the work.
This is necessary only if the acts (regulatory) do not contain information regarding the required deadlines.
In principle, in the Civil Code of the Russian Federation itself there is no essential definitions concerning standards of time limits within which work must be completed.
The reason for this is that every job has its own character and peculiarity, it is based on the characteristic data of a certain type of work that the deadline for its immediate completion is established.
When entering into this type of agreement, you must remember that indication of deadlines is an integral part of it, since if this data is missing, then it will not have legal force and will not be concluded.
But, unlike deadlines, the obligations of law, both the performer and the customer, are clearly described in the Civil Code of the Russian Federation. But still, despite their presence, you have the right not to adhere to the established normative points, but determine among themselves who should do what.
Rights and obligations of the parties
What if you are not paid under your service agreement?
The Contractor is obliged to promptly provide the service specified in the agreement, and the customer must upon completion of the work pay her.
But there are several nuances regarding payment for a certain type of work, which was not completed due to the fault of the customer. Then the person ordering the work is obliged to pay for it in full, if there is no other way out and is not provided for by law.
But there are also situations when it impossible to execute and neither party is to blame for this. Then the customer must cover the financial expenses of the contractor. This kind of form is called dispositive. Although the parties can resolve this issue among themselves and agree on the sequence of their actions, or resolve it based on the law.
You must also remember that you can refuse agreements, then you will have to fully cover the financial expenses of the person who provided or was supposed to provide this or that type of activity.
But if the performer made a decision stop cooperation with you, in this case he is obliged to fully pay your losses, including material losses, as well as moral compensation for lost profits that occurred due to performer's refusal.
Procedure for calculating income
As mentioned in the article earlier, the timing of certain services must be established in the document by the customer and the person performing the work. Hence, when to pay you can decide the work yourself.
This may be at the beginning, as soon as it is compiled, in the form of a peculiar advance, as well as at the end of the agreement, when the work is completed and provided to you.
Cost of work must be determined taking into account the prices set by the authorized bodies of the country. That is, these are unique prices, tariffs, rates, etc. But if the customer refuses to recognize the value that was established in the agreement from the very beginning, then the contractor can resolve through court.
By the way, important point is that the people who make up this document, can't set your own price for work, they must rely on legislative clauses in which everything is very clearly described.
But this fact applies exclusively to services that relate directly to communications. Other areas of services ( veterinary, medical etc.) can be established directly by the people who provide these services.
It is important that payment can be made as non-cash by calculation, and cash means. But there are situations when, for some reason, the contract document does not indicate the nominal value. In this case, the customer is obliged to pay the price that occurs in similar situations for similar goods or work.
Types of payments
Today there is a lot of different ways pay for certain services and we will consider the most common and in demand among people below.
Using a terminal
This method is considered most common and not a complicated type of payment.
It can be found in any bank branch and almost every supermarket.
It also allows you to make payments at any time. convenient for you Times of Day.
All that is required of you is to select the required category responsible for payment directly on the screen, enter the recipient’s data or find the artist in the list, after which you must enter all necessary information in the special fields, then insert the money into the special hole and pick up the check.
Through Internet sites
It's also enough easy way, which is used by a significant number of users. Moreover, it is not only easy, but also comfortable, since you can pay for the service directly from your home.
All that is required of you in this option is to find the one that suits you translation site, register and follow all instructions provided on the site. This method is a great opportunity to transfer money to the card of any recipient while sitting in your chair, as well as pay for this or that kind of work.
Via mobile
Today, technology has advanced to great heights. Just think, now you can pay for everything directly from your mobile phone.
In essence, the principle of operation is the same as with payment via the Internet, it only makes it possible pay for services outside the home, and when you are far away from, say, the terminal.
Claims regarding violation of payment terms
A claim regarding a contract is a kind of document that has the right to exist in the event that one of the people who drew up the document violates any of its clauses. Then this documentation is submitted victims person.
This is peculiar discontent the person they are trying to deceive, and moreover, this documentation can serve as a reason to start pre-trial settlement of the dispute. Exactly how this “dissatisfaction” should be drawn up is described in detail in the paragraphs of the Federal Law, and can be specified in the agreement itself, which was drawn up by the victim and the culprit.
This process of pre-trial resolution of the issue is mandatory, but if people cannot independently come to a final decision, only then the case is sent to court.
But if you decide to immediately go to the courts, without pre-trial proceedings, then it is likely that your claim may reject.
It is also important that consideration of issues regarding this issue lasts long enough, therefore, it would not hurt you to indicate in your claim that there was pre-trial proceedings, but did not lead to results.
If the customer refuses from work, then he is obliged to pay the contractor the expenses that he incurred.
It is also important that it is compulsory to compile documentation, in which the given expenses of the person who performed the work were extremely clearly and accurately described.
Since if such data is absent, then it will simply be impossible to calculate full cost which must be paid by the customer. Therefore, this amount will be considered not a deposit, but an advance.
It is also worth noting that the customer decided stop the "development" of the treaty may not explain to anyone the reasons for his such decision. And only if he wants, he can notify about these reasons directly from the performer.
In addition, it is important that if you, as a performer of one kind of work or another, will have waste after the termination of the agreement, and which do not relate to the subject of your partnership, then no one will reimburse you for these funds.
Penalty and penalty
In fact, the consumer protection law provides penalty. Enough a common question Of interest to citizens is the definition of the term “penalty” itself and how it is calculated in relation to the provision of services, as well as what its size is.
That is, it represents a payment in a certain amount every stitched day. Its size is three percent from the entire final cost. At the same time, it is worth paying attention special attention that this agreement may establish higher size penalties.
Thus, the current rule of law expands the rights of the consumer, allowing an increase in the size responsibility providing its services to citizens.
Let's say you have consumer dispute with the contractor, then you will be interested in the penalty for the provision of activities that he represents. Suppose that the conditions agreed upon in advance were violated, then you send to claims on payment of a penalty for violation of the terms of provision of services, and within 10 days the responsible organization is obliged to resolve the issue in your favor.
If this does not happen, then in your claims you have the right to add another type of penalty– for violation of the deadlines for satisfying the consumer’s legal requirements, the amount of which is 1% of the price, and is calculated for each day of delay, starting from the expiration of the ten-day period.
Penya in turn, represents the “adding” of a certain percentage to the amount of the overdue amount.
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One of the ways to make a profit from entrepreneurial activity listed in paragraph 1 of Article 2 of the Civil Code of the Russian Federation, is the provision of services.
Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (Article 779 of the Civil Code of the Russian Federation).
The rules of Chapter 39 of the Civil Code of the Russian Federation are intended to regulate an extensive, unlimited list of services, and apply to contracts for the provision of communication services, medical, veterinary, auditing, consulting, information services, training services, tourism services and others, with the exception of services provided under contracts:
§ contract;
§ carrying out research, development and technological work;
§ transportation;
§ transport expedition;
§ bank deposit;
§ bank account;
§ calculations;
§ storage;
§ instructions;
§ commissions;
§ trust management property.
The norms of the Civil Code of the Russian Federation provide for the possibility of applying a number of contract provisions to contracts for the provision of services for a fee, if this does not contradict the specifics of the contract.
When concluding contracts for the provision of paid services, the parties should agree on a number of mandatory conditions, and also check a number of circumstances related to tax risks organizations.
The Civil Code of the Russian Federation does not contain special norms regulating the form of the contract for the provision of paid services. Therefore, let's turn to general provisions civil legislation. According to Article 161 of the Civil Code of the Russian Federation, the following must be concluded in simple written form, with the exception of transactions requiring notarization:
§ transactions of legal entities among themselves and with citizens;
§ transactions between citizens for an amount exceeding at least ten times the minimum wage established by law, and in cases provided for by law - regardless of the amount of the transaction.
Failure to comply with the simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to witness testimony to confirm the transaction and its terms, but does not deprive them of the right to provide written and other evidence.
Failure to comply with simple written form foreign economic transaction entails the invalidity of the transaction.
An agreement for the provision of services for a fee is usually concluded in writing, by drawing up two copies for each of the parties.
According to Article 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all essential conditions agreement.
Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
An agreement for the provision of paid services may be considered concluded if it lists certain actions that the contractor is obliged to perform, or indicates certain activities that he is obliged to carry out, as indicated by the Presidium of the Supreme Arbitration Court in the information letter dated September 29, 1999 No. 48 “On some issues of judicial practice arising when considering disputes related to contracts for the provision of legal services.”
Accordingly, a contract for the provision of services cannot be considered concluded without agreeing on the actions that the contractor must perform or without specifying the activities that he is obliged to carry out.
The subject of performance under the contract in question is the beneficial effect obtained by the customer from the performer performing certain actions or carrying out certain activities.
The Civil Code of the Russian Federation does not impose any restrictions on the duration of the contract for the provision of paid services.
An agreement for the provision of paid services must provide for an initial period of activity to be carried out by the contractor; the contract may not provide for a final period of performance, unless otherwise contradicts the essence of the agreement. Thus, the deadline for the execution of the contract is determined by agreement of the parties, but in most contracts for the provision of paid services, a deadline for execution is also provided.
According to paragraph 1 of Article 408 of the Civil Code of the Russian Federation, proper performance terminates the obligation.
The Civil Code of the Russian Federation does not contain any restrictions regarding the subject composition under a contract for the provision of paid services, therefore it is necessary to focus on general rules participation of citizens and legal entities in civil circulation. However, a special subject composition may be provided for by law or stem from the nature of the service.
The parties to this agreement are the contractor and the customer, both individuals and legal entities. Providers of services must be business entities and registered with the tax authorities, which is confirmed by state registration data.
For individual species services, mandatory licensing of activities is provided. The list of activities for which compulsory licensing is provided is established in Article 17 Federal Law dated August 8, 2001 No. 128-FZ “On licensing of certain types of activities” (hereinafter referred to as Law No. 128-FZ).
According to Article 780 of the Civil Code of the Russian Federation, the performer is obliged to provide services personally. The obligation to “provide services personally” should be understood as the execution of a specific contract, without any intermediaries. This approach is associated with the existence of an inextricable connection between intangible services and the personality of the person providing them.
The contractor has the right, in agreement with the customer, to involve third parties by including this condition in the contract.
The terms and procedure for payment under a contract for the provision of paid services are established by agreement of the parties.
The contract must indicate the price of the services to be provided or the methods for determining it.
In cases where in 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, work or services (clause 3 of Article 424 of the Civil Code of the Russian Federation).
The existence of comparable circumstances that make it possible to unambiguously determine what price should be followed must be proven by the interested party. If there are disagreements on the terms of the price and the parties fail to reach an appropriate agreement, the contract is considered not concluded.
With the consent of the customer, the work can be paid for in advance by him at the conclusion of the contract in whole or in part.
Payment for services performed is made in accordance with Article 781 of the Civil Code of the Russian Federation:
“The customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
In case of impossibility of performance due to the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of paid services.
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, unless otherwise provided by law or the contract for the provision of paid services.”
Arbitration practice also shows that in the event of impossibility of performance due to the fault of the customer, services are subject to payment in full, unless otherwise provided by law or the contract for the provision of paid services. (Resolution of the Federal Antimonopoly Service of the Ural District dated February 8, 2005 in case No. F09-136/05-GK; Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated July 30, 2003 in case No. A11-5878/02-K1-2/254).
The risk associated with accidental non-fulfillment of the contract lies with the customer, unless otherwise provided by law or contract, while the contractor has the right to demand only the expenses actually incurred by him.
One of the main responsibilities of the contractor is to provide the service provided for in the contract. The Contractor is obliged to provide services in compliance with the mandatory requirements specified in the contract. The law and other legal acts may provide for mandatory requirements for the quality of the result obtained as a result of the service provided under this agreement. In this case, the contractor, acting as an entrepreneur, is obliged to provide services in compliance with these mandatory requirements. In addition, the contractor (under the contract) may assume the obligation to provide services that meet quality requirements that are higher than the established requirements mandatory for the parties.
In the absence or incompleteness of the terms of the contract, the quality of the service performed must meet the requirements usually applied to services of the corresponding type (Article 721 of the Civil Code of the Russian Federation).
In addition, the law, other legal act, an agreement for the provision of paid services or business customs may provide for a period for the result of the service provided, during which it must comply with the terms of the quality agreement provided for in paragraph 1 of Article 721 of the Civil Code of the Russian Federation (warranty period).
In accordance with Article 716 of the Civil Code of the Russian Federation, the contractor is obliged to immediately warn the customer and, until receiving instructions from him, to suspend the provision of services if he discovers:
Possible adverse consequences for the customer of following his instructions on the method of providing the service;
Other circumstances beyond the control of the contractor that threaten the quality of the service performed or make it impossible to complete it on time.
The contractor who did not warn the customer about the above circumstances does not have the right, when the customer presents relevant demands to him, to refer to these circumstances.
If the customer, despite a timely and reasonable warning from the contractor about circumstances impeding the provision of the service, does not take the necessary measures to eliminate these circumstances within a reasonable time, then the contractor has the right to refuse to fulfill the contract for the provision of paid services and demand compensation for losses caused by its termination.
In cases where the service was performed by the contractor with deviations from the contract for paid services, which worsened the result of the service, the customer has the right to demand:
§ a proportionate reduction in the price set for the service;
§ provision of the service again with compensation to the customer for losses caused by the delay.
Requirements to eliminate deficiencies within a reasonable time, as well as reimbursement of costs for eliminating deficiencies in the quality of the service, may be applied in individual cases, depending on the service.
If deviations in the provision of a service from the terms of the contract for the provision of paid services, or other shortcomings in the result of the service, have not been eliminated within a reasonable period established by the customer, or are significant and irreparable, the customer has the right to refuse to perform the contract and demand compensation for losses caused (clause 3 of Article 723 of the Civil Code RF).
In the event that there is no warranty period established for the result of the service, claims related to defects in the service may be presented by the customer, provided that they were discovered within a reasonable time, but within two years from the date of transfer of the result of the service, unless other deadlines are established. law, contract or business customs.
In accordance with Article 727 of the Civil Code of the Russian Federation, a party that has received from another, through the fulfillment of its obligation under a contract for the provision of paid services, information about new solutions and technical knowledge, including those not protected by law, as well as information that can be considered as (Article 139 of the Civil Code of the Russian Federation ), does not have the right to disclose it to third parties without the consent of the other party. The procedure and conditions for using such information are determined by agreement of the parties.
The main responsibility of the customer is to pay for services under the contract for the provision of services for a fee, in the manner and within the terms stipulated by the contract.
The customer has the right at any time to check the progress and quality of the service provided by the contractor, without interfering with his activities.
If the contractor does not begin to fulfill the contract for paid services in a timely manner or performs the service so slowly that completing it on time becomes clearly impossible, the customer has the right to refuse to perform the contract and demand compensation for losses.
If during the provision of a service it becomes obvious that it will not be performed properly, the customer has the right to assign a reasonable period to the contractor to eliminate the deficiencies and, if this requirement is not fulfilled within the appointed period, to refuse the contract (clause 3 of Article 715 of the Civil Code of the Russian Federation).
The customer is also obliged, in cases provided for by the contract, to provide assistance to the contractor in performing the service. If the customer fails to fulfill this obligation, the contractor has the right to demand compensation for losses caused, including additional costs caused by downtime, or rescheduling the delivery of the service, or increasing the price of the service specified in the contract.
The Contractor has the right not to begin providing services, and to suspend the initiated actions in cases where the customer’s violation of his obligations under the contract for the provision of paid services prevents him from properly fulfilling the contract, as well as in the presence of circumstances clearly indicating that the fulfillment of these obligations will not be carried out in set deadline.
A contract for paid services is somewhat different from all others: it may be terminated not only by mutual consent, but also unilaterally. In this case, the initiative to terminate the contract may belong to both the customer and the contractor. However, the consequences of making a corresponding claim vary significantly. It depends on which of the parties it (the demand) is presented.
Article 782 of the Civil Code of the Russian Federation establishes the right to unilateral refusal to perform a contract, both by the customer and the contractor.
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. The customer’s refusal to fulfill the contract may occur both before the start of the provision of the service and during the process of its provision.
The customer’s unilateral refusal to fulfill the contract for the provision of paid services does not terminate the customer’s obligation to pay the contractor the necessary expenses that he incurred for those not yet provided until the customer’s unilateral refusal to fulfill the service contract (clause 2 Information letter Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 No. 104 “Review of the practice of applying arbitration courts norms of the Civil Code of the Russian Federation on some grounds for termination of obligations").
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.
Losses subject to recovery in accordance with paragraph 2 of Article 782 of the Civil Code of the Russian Federation are determined according to the rules of Article 15 of the Civil Code of the Russian Federation and are subject to proof by the person demanding compensation for losses.
According to Article 15 of the Civil Code of the Russian Federation, losses include:
Expenses that a person whose right has been violated has made or will have to make to restore the violated right;
Real damage;
Unearned income that the person would have received under normal circumstances.
civil turnover, if his right had not been violated (lost profit).
When determining damages, the prices that existed in the place where the obligation was to be fulfilled on the day the debtor voluntarily satisfied the creditor's demand are taken into account, and if the demand was not voluntarily satisfied, on the day the claim was filed. Based on the circumstances, the court may satisfy the claim for damages, taking into account the prices existing on the day of the decision.
When determining lost profits, the measures taken by the creditor to obtain it and the preparations made for this purpose are taken into account.
You can find out more about the procedure for concluding contracts for the provision of paid services in the book of CJSC “BKR-Intercom-Audit” “Agreement for the provision of paid services”.
