Structure of the contract for consulting services. What you need to know when concluding foreign trade agreements - basic points from a lawyer. What is necessarily stated in the consulting agreement. Types of consulting services

A frequently concluded type of agreement is an agreement for the provision of consulting services. Its popularity is due to the growing importance of expert knowledge in a particular field in the modern world. The pace of development of scientific knowledge is such that to maintain competence in this area, the consultant must constantly learn new aspects of the field of knowledge. Therefore, in an agreement for the provision of consulting services, the terms of payment, as a rule, include very significant amounts. For the same reason, its conclusion should be approached with due responsibility. When it comes to an agreement on consulting services, close attention should be paid to the problem of specifying the conditions on the subject, namely, what kind of consultation should be provided to the customer, for which appropriate questions should be formulated, to which the contractor should prepare answers. In addition, the contract for consulting services should be supplemented with provisions on the period of provision of services and the validity period of the contract (they may not coincide). It is necessary to pay attention to both the terms of payment under the contract and the payment procedures of the parties. In short, this agreement contains enough specifics that must be taken into account when drawing up the agreement, and the interactive document templates presented on our resource will help with this.

Sample agreement for the provision of information and consulting services

It also has its own specifics and an agreement for the provision of information and consulting services, a sample of which is not difficult to find on the Internet. The specificity of its subject lies in the fact that in addition to the questions addressed to the consultant, it provides information from areas of knowledge that interest the customer. Just as with a consulting contract, special attention should be paid to articulating what activities are expected of the contractor. This will all be determined by the specific needs of the customer. Considering that there will most likely be many such questions and needs for information, it is advisable to formalize them as a separate appendix to the document (customer’s assignments). In addition, an agreement for the provision of information and consulting services must pay attention to the specific rights and obligations of the parties, establish liability for improper fulfillment of obligations under the agreement, and indicate all the necessary details of the parties. It would also be useful to indicate the method for submitting claims, the deadline for responding to them, and establishing contractual jurisdiction for the parties. An additional means of immediate protection of rights and interests will be the inclusion in the document of conditions on the procedure for terminating the contract; this is more effective than using only the provisions of the civil code on terminating the contract. In short, in the case of this agreement, there are also a lot of specifics that must be taken into account.

Sample agreement for the provision of consulting services

In the case where you need an agreement for the provision of consulting services, a sample of which is also not difficult to find, then all of the above is no less relevant. One should rightly be wary of the outdated legislative framework and departmental acts that affect one or another area of ​​activity. A contract for the provision of consulting services, a sample of which was obtained from the Internet, should hardly be considered as a serious means of protecting rights. If you are just starting to provide these services and have no experience in contractual work, then it is strongly recommended that you obtain a consulting agreement on the basis of which services will be provided to the entire flow of clients from a reliable source. Preparing a consulting agreement without outside help, relying only on information from the Internet, can be an overwhelming task, and the resulting result itself will create unnecessary legal risks. Even novice lawyers who are concerned about developing an agreement for the provision of legal consulting services may have difficulties developing the project.

Example of a contract for the provision of consulting services

Here, the question will probably arise: is it even possible to take somewhere an example of a contract for the provision of consulting services for independent preparation of the text, without turning to expensive lawyers for help? Yes, this is quite possible, and for this purpose an example of a contract for the provision of consulting services is still unlikely to be useful and sufficient help. Here, a more reasonable alternative would be to use our service, which offers many interactive document templates for a variety of occasions. The rich functionality of the service will allow you to prepare the correct text for a consulting agreement without much difficulty; you no longer need a sample, since our interactive template already contains everything necessary to obtain a document under your conditions. The resulting contract for the provision of consulting services and a set of annexes to it will reflect the specifics of your relationship and comply with the legislation of the Russian Federation.

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 his 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:

  • technical task;
  • 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)

Download Agreement for the provision of consulting services

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AGREEMENT for the provision of consulting services No.

in a person acting on the basis, hereinafter referred to as " Executor", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:
1. THE 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 a 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 working days after signing the Agreement. The Contractor must provide the Customer with an invoice for payment necessary for making the payment and an invoice. Delay on the part of the Contractor in transferring the invoice for payment is grounds for the Customer to delay payment in proportion to the time of delay by the Contractor.

3.5. The Customer must pay the remaining balance in the amount of % of the cost of the Services within working days after the provision of the Services, the signing by the Parties of the Act on the 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 an invoice - 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 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 working days from the date of receipt of the Certificate of provision of Services, undertakes to sign the Certificate or send the Contractor a reasoned refusal with a list of necessary improvements, drawn up in writing. In case of a reasoned refusal to accept the Services provided, the Parties, within calendar days, draw up a Protocol for agreeing on the necessary modifications, the procedure and timing for their implementation.

5. QUALITY OF SERVICES

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

6. TERMS, PROCEDURE AND CONDITIONS FOR ACCEPTANCE OF SERVICES

6.1. On the date of completion of the 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 provision of the Service (Certificates of Service Provision signed by the Contractor) must be sent to the Customer no later than calendar days from the date of completion 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 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 of this Agreement. If there are errors and 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 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 legislation of the Russian Federation.

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

8. FORCE MAJEURE CIRCUMSTANCES

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

8.2. A Party for which it is impossible to fulfill its obligations under the Agreement due to the occurrence of force majeure circumstances must notify the other Party in writing within days from the date of occurrence of such circumstances, and if the circumstances themselves prevent such Party from notifying the other Party - immediately after the termination of such circumstances. Proof of the 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.

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

11. SERVICE TERMS. CONTRACT TIME

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

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

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

11.4. Early termination of the Agreement may take place by agreement of the Parties or on the grounds provided for by the legislation of the Russian Federation and the Agreement. The Party that decides to terminate the Agreement sends a written notice days in advance 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 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 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.

  • Mailing address:
  • Phone fax:
  • INN/KPP:
  • Checking account:
  • Bank:
  • Correspondent account:
  • BIC:
  • Signature:
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    The constant rise in the standard of living of a person is accompanied by one continuous process, namely progress. Not all representatives of business or other types of activity have time to adapt to changing trends in their field of business, which results in a loss of client or overall profit.

    It is not difficult to avoid such unpleasant events - just use consulting services. Today’s article will not delve into the specifics of such services, but we will consider the main point of interaction between the customer and the contractor regarding the preparation of a service agreement. Interesting? Then be sure to read the material below.

    - a fairly common and often signed document in the jurisprudence of the Russian Federation. The essence of this agreement is simple - the contractor undertakes to perform certain actions on the instructions of the customer, and the latter must pay the contractor a fixed amount of funds for these procedures.

    Despite all the specificity of consulting, the agreement for its provision does not have any special differences from standard agreements of this kind. This document has a number of typical features:

    1. It is concluded either orally at the request of the parties to the transaction (if the cost of the service provided does not exceed 10,000 rubles), or in written form.
    2. In most cases, consulting services are formalized not in the form of personal services (interaction of a consulting company with an ordinary citizen), but in the form of commercial relations (interaction of a consulting company with another company), so the contract form has a complete form. In other circumstances and the use of household services, the agreement may be an ordinary receipt.
    3. A consulting agreement does not require notarization.

    Separately, it is worth noting that when using a receipt agreement when providing consulting services, confirmation of payment occurs by providing a cash receipt or other paper confirming the moment of transfer of funds from the customer to the contractor.

    Such agreements do not have any other features and, in general, are drawn up similarly to standard service agreements.

    About consulting services - in the video:

    Main provisions of the agreement

    A service agreement is a frequently signed document.

    An agreement for the provision of consulting services has three mandatory clauses, in the absence of which it will not have legal force. To be more precise, we are talking about:

    • About the subject of the contract, that is, specific actions that the contractor must perform for the customer. In our case, these actions are consulting on specific issues of specific groups of people.
    • About the timing of the provision of services, respectively, when and until what period of time they must be provided.
    • About the nature of the transaction - whether it is paid or gratuitous. Here you should also indicate the procedure, conditions and terms of payment if the form of the agreement is paid.

    In addition, it would be advisable for the parties to the agreement to reflect the following points in its text:

    1. requirements for the services provided;
    2. place of execution of the required actions;
    3. a list of persons who undertake to provide these services;
    4. liability of the parties to the transaction for ignoring their obligations;
    5. the right of the contractor to attract third parties to perform the services specified in the contract.

    As practice shows, in the field of consulting services there are no extended forms of contracts - they often contain only a list of previously noted points. However, it is worth understanding that, at the request of the parties to the transaction, the list of conditions imposed on each of them can be significantly expanded.

    In addition, the legislator does not prohibit drawing up additional or subcontracts to an existing agreement for the provision of consulting services. In any case, the decision to use such subtleties is made by the parties to the transaction and they are definitely not mandatory, so we will not focus on them.

    Sample

    Agreement for the provision of consulting services: sample

    Now that the essence and general principles of drawing up a document have been considered, it would not be amiss to consider its typical example. The consulting agreement has the following standard template:

    AGREEMENT No. 123213
    for paid consulting services

    OJSC "Consulting-PRO" represented by its official representative - Ivan Ivanovich Ivanov, acting on the basis of a general power of attorney (hereinafter referred to as the "executor"), and OJSC "Business Masters" represented by director Petr Petrov Petrovich, acting on the basis of company documentation (referred to as hereinafter referred to as “customer”), have entered into this agreement with the clauses presented below.

    About the subject of the agreement

    The customer instructs the contractor, and the latter, in turn, assumes obligations to carry out three consulting activities. The Contractor undertakes to perform the required actions, and the customer undertakes to pay for them in accordance with the terms of this agreement.

    Acceptance and transfer of work is carried out according to written receipts of the parties to the transaction due to the nature of the services provided.

    Terms of service implementation:

    • Consulting starts on July 15, 2017;
    • end of consulting – July 20, 2017.

    The place of delivery corresponds to the customer’s address indicated in the “Data of the Parties” paragraph of this agreement.
    The latter fulfills all expenses for the implementation of the obligations assigned to the contractor at the expense of the remuneration received in accordance with the terms of this agreement.

    And performer rights

    The performer must:

    1. Conduct consulting for company members at the previously noted address in office number “12” on July 15, 17 and 20, 2017 in accordance with the terms of this agreement. Consulting duration is 2 hours.
    2. Advise company members on the long-term development of corporate business.
    3. Answer all questions that arise from company members during the consulting event.

    The performer has the right:

    1. Check with the customer for all the information he or she is interested in.
    2. Responsibilities and rights of the customer

    The customer must: Pay for the contractor’s services on time and in full.
    The customer has the right to: Interact with the contractor regarding the consulting services provided.

    Financial aspects of the transaction: The cost of the contractor’s services is 60,000 rubles. The remuneration is handed over to the contractor personally upon completion of the provision of consulting services on his part.

    Responsibility of the parties: The parties to this agreement undertake to fulfill all obligations assigned to them. Otherwise, the person who violated the order undertakes to pay his opponent in the transaction 30% of its value.

    Dispute resolution process: All controversial issues arising between the parties to this agreement are resolved in accordance with the text of the agreement and the current legislation of the Russian Federation.

    Parties' data

    Customer: address - Pyatigorsk (Russia), st. Sovetskaya 35a, details – 5335353535345353 (LS).
    Contractor: address - Pyatigorsk (Russia), st. Borozhnaya 34, details – 3232332332333423 (PM).

    Signatures of the parties to the transaction:

    Customer - “!”
    Performer - “!!!”

    As you can see, there are no particular difficulties in compiling it. We hope that today's material was useful to you and provided answers to your questions. Good luck in organizing legal relations!

    provision of consulting services Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Consultant", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

    1. THE SUBJECT OF THE AGREEMENT

    1.1 The Consultant, on the instructions of the Customer, provides the Customer with a range of services related to, in accordance with the Schedule Plan for the provision of services (Appendix No. 1 to this Agreement), hereinafter referred to as the Services.

    1.2. Services are provided from 2019 to 2019.

    1.3. The services provided are documented by monthly signing of the Certificate of Services Rendered in two copies in accordance with this Agreement.

    1.4. Under this Agreement, the Consultant does not have the right to conclude/change/terminate any contracts on behalf of the Customer, is not a sales representative and/or agent of the Customer, and cannot act on behalf of the Customer in any transactions, has no right to make statements, give instructions, promises on behalf of the Customer.

    2. OBLIGATIONS OF THE PARTIES

    2.1. The Consultant undertakes to provide quality and timely services under this Agreement in accordance with the Schedule Plan for the provision of services (Appendix No. 1 to this Agreement).

    2.2. The Customer undertakes to promptly pay the Consultant the monetary remuneration due to him for the services provided on the terms provided for in this Agreement, as well as to provide the Consultant with the technical information and documentation of the Customer/Client necessary for the provision of services under this Agreement.

    2.3. The Consultant undertakes to provide services in a qualified manner and to treat the equipment and materials of the Customer/Client with care during the provision of services.

    2.4. The Consultant undertakes to comply with the Client’s internal labor regulations and keep secret all confidential information of the Customer and the Client specified in clause 1.1 of this Agreement.

    2.5. All expenses associated with the Consultant’s stay at the place of provision of services and with the Customer are borne by the Consultant himself.

    3. COST, CONDITIONS AND PAYMENT PROCEDURE

    3.1. The cost of the services provided by the Consultant under this Agreement is rubles per month, of which, in accordance with the legislation of the Russian Federation, the Customer withholds and pays personal income tax in the amount of rubles to the budget of the Russian Federation.

    3.2. The Customer pays the cost of services in accordance with clause 3.1 of this Agreement within calendar days from the date of signing by the Parties of the corresponding monthly Certificate of Services Rendered.

    3.3. No later than business days after the end date of the next calendar month, the Consultant submits to the Customer a report on the provision of services, which is monthly agreed upon and signed by the Customer and the Parties sign a monthly Certificate of Services Rendered under this Agreement.

    3.4. The Consultant is paid the cost of services (minus personal income tax) in accordance with clause 3.1 of this Agreement by bank transfer - to the Consultant’s bank account specified in this Agreement. In the case of an incomplete month of provision of services, the cost of services for an incomplete calendar month will be determined based on the number of full calendar days in the month of provision of services.

    4. RESPONSIBILITY OF THE PARTIES

    4.1. The liability of the Parties for failure to fulfill or improper fulfillment of obligations under this Agreement is governed by the current legislation of the Russian Federation.

    5. DURATION OF THIS AGREEMENT

    5.1. This Agreement comes into force from the date of signing and is valid until the Parties fulfill their obligations under this Agreement.

    5.2. This Agreement may be terminated by agreement of the Parties by signing an additional agreement by the Parties.

    5.3. This Agreement may be terminated unilaterally out of court by either Party, subject to notification to the other Party days before the date of termination. All services provided must be paid by the Customer by the date of termination.

    6. OTHER CONDITIONS

    6.1. The Parties are released from liability for failure to fulfill obligations under this Agreement upon the occurrence of force majeure circumstances (extraordinary and unpreventable circumstances under given conditions - natural disasters, military operations, blockades, etc.) provided that the other Party is immediately notified of the occurrence of such circumstances no later than calendar days days from the date of occurrence of these circumstances.

    6.2. This Agreement is drawn up in two copies having equal legal force. Each copy must be signed by both parties, and each Party receives one copy. Appendix No. 1 is an integral part of this Agreement.

    7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

    Consultant Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

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

    8. SIGNATURES OF THE PARTIES

    Consultant _________________

    Customer_________________

    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 the consulting services agreement.

    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.

    The parties to the consulting services agreement are the customer (legal entity or individual entrepreneur) and the performer or consultant (can be a legal entity or 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, to the Pension Fund, to the Health Insurance Fund) before paying the 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 of economic activities, effective use of 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 varying degrees of customer participation in the project. It could be:

    • . expert consulting (the customer receives all the necessary information and recommendations from 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 of a standard contract for the provision of consulting services is used:

    • 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 an agreement;
    • 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:

    • technical task;
    • 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 state 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.