Contract for provision of paid services
In accordance with paragraph 1 of Art. 779 of the Civil Code on the contract of paid rendering of services the executor undertakes to the customer to provide services (to perform certain actions or carry out certain activities), and the customer agrees to pay for these services. Paid services agreement is consensual, compensated and two-way.
The parties to this agreement are the provider, referred to as executor, and /strong> referred to as by the customer. There are no specific instructions about the subject composition of this type of contracts in the Civil Code, therefore, and legal entities in civil circulation.
In accordance with Art. 780 Civil Code, because otherwise is not stipulated by the contract, the performer is obliged to provide services personally. Therefore, if the parties did not directly agree in the contract, does not apply the principle of general contract.
The only essential condition of a contract for provision of services is its object. It is either the performer performing certain actions (sending and delivering correspondence, providing telephone and other channels in the provision of communication services, performing operations and various medical and prophylactic procedures in the provision of medical services, etc.) or carrying out certain activities (for example, auditing, giving advice on a certain range of issues, provision of certain information, provision of training services, etc.). As the object of this type of contracts, the useful useful effect is obtained.
Requirements for the quality of the services provided are determined by the same rules as the requirements for the quality of work performed in the contract agreement. According to Art. 721 GK quality of the services rendered by the contractor, i.e. the result achieved by it must comply with the terms of the contract, and in the absence or incompleteness of its conditions - the requirements usually imposed on such services.
As in the contract agreement, service quality guarantees can be divided into legal, ie. provided by law, other legal acts or customs of business turnover, and contractual, ie. accepted by the contractor by virtue of the contract and provided for in it (Article 722 of the Civil Code).
The provision of certain types of services may suggest that the beneficial effect received by the customer within a reasonable time should be maintained in accordance with the method of its use established in the contract, and if the method is not provided by the contract - for the usual way of using the result of the service (legal guarantee).
In addition, by law, another legal act, a contract for paid provision of services or customary business practices for the result of service provision, a period may be established for which it must comply with the terms of the quality contract provided for in Cl. 721 GK (warranty period).
The price of the services rendered under the contract is determined in accordance with the rules of Section 1, Art. 709 CC. The contract should indicate the price of the services to be provided or ways of determining it. In the absence of such instructions in the contract, the price is determined in accordance with cl. 424 CC. If the volume and quantity of services is large, the price can be determined by compiling estimates.
Among the important terms of the contract for the provision of paid services is also term. In this regard, the terms of the contract can also apply rules on the contract. According to Art. 708 CC in the contract for provision of services should specify the initial and final terms of the service, and by agreement of the parties may be established and the deadline for the completion of certain types of services or the implementation of certain stages of provision of services, i.e. intermediate terms.
The main duty of the contractor is to provide services on the instructions of the customer (Article 779 GK). Unlike the contractor, the performer renders services to the customer not at his own risk. As a general rule, the risk of the impossibility of executing a contract for provision of services is borne by the customer. It is he who is obliged to compensate the contractor for actually incurred expenses in the event that the impossibility of execution arose due to circumstances for which neither side is responsible (paragraph Z, 781 CC).
For inadequate quality of rendered services, the performer bears the same responsibility as the contractor for improper work performed (Article 723 GK). As the services are rendered by the executor in accordance with the customer's task, the latter has the right at any time to check the progress and quality of the services, without interfering, however, with the operational and economic activities of the contractor (art.715GK).
The quality of the service is important for the customer. Therefore, if the service is provided with deviations from the terms of the contract that have worsened the result of its provision, or with other shortcomings that render the result of its rendering unsuitable for the use stipulated in the contract, or in the absence of such a condition in the contract, the consequences specified in Art. 723 GK.
Given the similarity of the objects of the contract for the provision of paid services and the contract of work, the limitation period for claims made in connection with improper quality of the result of any service is also one year, those. is abbreviated (clause 1 of article 725 of the Civil Code).
The main duty of the customer is payment for the rendered service (item 779 GK). Such payment in accordance with Art. 781 CC is carried out in terms and in the manner specified in the contract for paid provision of services.
Upon completion of the services, the customer must evaluate its result. If there are any deviations from the contract that worsen the result of the service or other shortcomings, he must immediately notify the performer. A customer who has discovered shortcomings in the result of the service received from the performer at the time of its termination has the right to refer to them only in cases where they were agreed by him or the parties agreed on the possibility of subsequent presentation of a demand for their elimination. A customer who fails to comply with these requirements is deprived of the right to refer to performance deficiencies that could be established in the usual way of using the result of providing (obvious shortcomings), unless otherwise provided by the contract.
Upon discovery after the end of the service provision, deviations from the contract or other shortcomings that could not be established at the time of termination of its rendering in the usual way of using the achieved result (hidden shortcomings), including those that were intentionally hidden by the contractor, the customer is required to notify the performer within a reasonable time after they are discovered. In the event that a dispute arises between the customer and the contractor about the deficiencies or their reasons, upon request of either party to the contract, expertise must be assigned.
The contract for the provision of paid services can be terminated at the request of any of its parties. At the same time, the customer has the right to refuse to execute this contract provided that he has paid to the contractor actually incurred expenses. The contractor has the right to refuse to fulfill the obligations under such a contract only under the condition of full compensation to the customer of losses (Article 782 of the Civil Code).
According to Art. 783 CC along with the general provisions on the contract for paid provision of services, the provisions on household contract, apply if the customer is a consumer citizen.
Based on the standards of the Civil Code, as well as the legislation regulating the specific features of paid provision of certain types of services, it is possible to carry out the classification of contracts for paid provision of services in the spheres of economic and socio-cultural activities. In paragraph 2 of Art. 779 of the Civil Code provides an indicative list of services that can be provided under such contracts, including communication services, medical, veterinary, audit, consulting, information services, training services, tourist services, etc.
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