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Sample contract for the provision of consulting services. Agreement for the provision of consulting (consulting) services

Consulting services are recommendations, expert opinions, advice that meet the needs of the person being served. The contract for the provision of consulting services regulates the relationship between the customer and the contractor and protects the interests of both parties.

Areas of service provision, forms of services

The basis of consulting services is knowledge of information in any area at a professional level. They are offered in the following areas:

  • Accounting;
  • taxes;
  • control;
  • financial and economic activities;
  • legal advice (including participation as a representative at court hearings to resolve disputes).

Accordingly, the name of the agreement is clarified: an agreement for the provision of accounting consulting services, tax consulting services, etc. An essential condition of the signed document, without which it is not considered valid, is an indication of the area in which the services will be provided.

The contractor (company or individual) can provide them in different forms:

  • recommendations regarding the work of the customer enterprise;
  • audit of the customer’s work;
  • analysis of projected and actual activities;
  • making forecasts based on the data provided;
  • participation in the customer’s activities.

The more detailed information regarding the form and essence of the paid services will be included in the contract, the less reason there will be for disagreements and disputes regarding the fulfillment of its terms.

Consulting services agreement form

This agreement is drawn up in writing without subsequent registration and certification. It can be concluded by legal entities or with the participation of individuals. In most cases we're talking about on the provision of paid consulting services.

The document must disclose the following points:

  • . name, reference number (if available), place and date of document preparation;
  • . information about the parties (name, legal form of the enterprise, full name of the representative; full name individual entrepreneur, certificate of his state registration; Full name and passport details individual, who is not an individual entrepreneur);
  • information about services (the scope and form of their provision were discussed above, as well as a detailed list; in the case of a large amount of information, a separate appendix to the document is drawn up);
  • payment procedure (advance, phased or one-time payment, penalty);
  • obligations of the parties (it is necessary to stipulate the timely provision by the customer of all documents necessary for the work and high quality work on the part of the performer);
  • liability in case of violation of its obligations;
  • acceptance (the acceptance certificate for services provided is given in the appendix);
  • force majeure, confidentiality, dispute resolution;
  • details, signatures, seals (if available).

Examples of an agreement

An example of such an agreement is an agreement for the provision of legal consulting services. It is compiled according to the given sample. The “services” paragraph describes in detail what the customer expects from the contractor: explanation of current legislation, making changes to the enterprise documentation in accordance with amendments to current laws, preparation for trial etc. It is important to mention whether the information will be transmitted orally or in writing.

The name “contract for the provision of information consulting services” emphasizes that consulting is carried out in the information sphere. This may be due to the introduction of new technologies at the enterprise or its desire to expand its activities in the market. Often information Services required to improve the qualifications of employees.

If the contract is for accounting consulting services, these may include the following:

  • analysis of organization and accounting;
  • information on changes in legislation relating to accounting and reporting;
  • recommendations for implementing appropriate changes in the customer’s reporting system;
  • optimization of accounting activities.


Contract and agency agreement

If you want to one-time service and the customer is more interested in its result, the standard form of a contract for the provision of services is not suitable, a contract is concluded. For this document to have legal force, it must define the final result expected by the customer.

For example, the management of an LLC decided to change its legal form to JSC. It enters into an agreement with the lawyer that he will prepare all the documents necessary for the JSC. As soon as they are ready and presented to management, they are obliged to pay for the work done.

When an enterprise agrees to provide a service through an intermediary, an agency agreement for the provision of consulting services is signed. Customer in agency agreement is called the principal, the intermediary is called the agent. The agent, on his own behalf or on behalf of the principal, agrees with the contractor on the type and form of provision of the consulting service, in what time frame and in what amount it will be paid. A separate agreement between the agent and the principal stipulates the amount of remuneration due to him.

A contract for the provision of consulting services may cover different areas activities of the customer company. It reflects the need of customers to receive advice from highly qualified specialists. It necessarily stipulates the scope, form of provision of the service and its cost.

Currently, with the development entrepreneurial activity, consulting services are becoming increasingly popular. Relations regarding the conclusion of a consulting services agreement are regulated by civil law. In this article we will examine in detail the civil legal aspects of regulating these relations.

By virtue of Article 779 of the Civil Code, a consulting services agreement is a subtype of a general service agreement. If you want to conclude an Agreement, you need to know that it must be concluded in simple written form, that is, there is no need for notarization.

When concluding the Agreement, it is necessary to ensure that the essential conditions are met. The main essential condition is the indication of the specific service provided. Without specifying this condition, the contract will be considered unconcluded.

It should also be borne in mind that for a certain type of agreement, for example, for a contract for the provision of tourism services, other essential terms of the Agreement are indicated.

You need to know that the Contract must indicate the results of the work, namely what the Customer will count on as a result of the provision of consulting services. Often the result is a written consultation or written analysis of a specific document.


Based on the analysis of judicial practice, the Parties should also indicate the following conditions:

    Types of services

    Scope of services provided

    Quality of services provided

    Price of services provided

    Time frame within which services must be provided

The above conditions are the most violated in contracts, and therefore, below we will look at how to properly protect yourself when concluding a transaction.

Quality of services provided:

The parties have the right to agree on the quality of services in the Agreement, namely certain criteria that the quality of services must meet. The definition of such conditions protects both the Customer and the Contractor; both Parties will know exactly what to expect from the execution of the Agreement.

The contract can indicate:

    requirements for the Contractor's qualifications.

    in what form it is necessary to express the result of the consultation.

Requirements for the quality of services can be formulated by the customer independently or developed jointly with the contractor and listed directly in the contract or an appendix to it.

Rights and responsibilities of the parties

A clear formulation of responsibility in the Agreement is a guarantee of the Parties to receive compensation for losses. If one of the Parties has violated the terms of the Agreement, the injured Party has the right to recover property sanctions from the other party.

Liability for violations of the Consulting Services Agreement can be established in the form of:

  • payment of a penalty for improper performance or failure to fulfill obligations under the contract.

To agree on the terms of liability, the parties are recommended to define in the contract the grounds for bringing liability, as well as its scope.

To resolve disputes, the Parties may provide in the Agreement for a claim procedure for resolving disagreements, as well as a judicial procedure. The current procedural legislation provides for contractual jurisdiction. The concept of “jurisdiction” implies which Court the party whose rights have been violated has the right to appeal to. For example, the parties may provide for appealing to the Court at the location of the Plaintiff or at the location of the Defendant. Among other things, the Parties may choose to resolve the dispute in the Arbitration Court.

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

AGREEMENT FOR PROVISION OF CONSULTING SERVICES ON ECONOMIC ACTIVITY ISSUES

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

Sample (standard form)

The concept of consulting (consulting) services

Consulting on various business issues (accounting, information technologies, tax, marketing, legal) occupies a significant place in any business, because the success of any business directly depends on the adoption right decisions on issues of promoting goods and services, and documenting the commercial activities of any entrepreneur and legal entity.

There is no legal definition of such terms as “consultation”, “consulting (consulting) services”, “consulting (consulting) activities”, so we will try to give them ourselves.

Consultation- this is the type of information that is provided by persons who have special knowledge in a particular area, in the form of giving advice, recommendations and expertise to clients in various fields activities.

Consulting (consulting) services- this is an activity in providing services in the form of advice, recommendations and expertise in various fields of activity.

The purpose of providing consulting services is information provided in the form of explanations or recommendations.

Consulting activities is a set of services related to the intellectual professional activity of consultants, during which the consultant provides objective and independent advice and recommendations aimed at serving the needs of clients.

Consultants can be both organizations (consulting, auditing, banks, insurance, educational) and individuals.

Consultant- is an individual who carries out professional activity in a specific area of ​​consulting services, having special knowledge, skills, abilities and qualification requirements professions.

Essential terms of the contract for the provision of consulting and consulting services

A contract for the provision of consulting (consulting) services is a type of contract for the provision of services. This means that the relations of the parties under a contract for the provision of paid services are regulated by Chapter 39 of the Civil Code of the Russian Federation. According to Article 783 of the Civil Code, the following applies to a contract for the provision of paid services: general provisions on contracts (Articles 702 - 729 of the Civil Code) and provisions on household contracts (Articles 730 - 739 of the Civil Code), unless this contradicts the special rules on this agreement (Articles 779-782 of the Civil Code), as well as the specifics of the subject of the contract for the provision of paid services.

By agreement for the provision of paid consulting and consulting services the contractor undertakes to provide services (perform certain actions or carry out certain activities) on the instructions of the customer, and the customer undertakes to pay for these services(Clause 1 of Article 779 of the Civil Code of the Russian Federation).

IT administration;

management of commercial activities.

Is not essential condition condition on the price of services provided. If there is no such condition in the contract, the price is determined according to the rules of clause 3 of Art. 424 Civil Code (clause 54 of the Resolution of the Plenum Supreme Court RF No. 6, Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 dated July 1, 1996), i.e. at the price that, under comparable circumstances, would normally be charged for similar goods, work or services.

Other features of the contract for the provision of consulting and consulting services

    The agreement must be concluded in simple written form (clause 1 of Article 161 of the Civil Code).

    The general provisions on (Articles 702 - 729 of the Civil Code) and provisions on household contracts (Articles 730 - 739 of the Civil Code) apply to the contract, unless this contradicts the norms of Chapter. 39 of the Civil Code, as well as the specifics of the subject of the contract for the provision of legal services for a fee (Article 783 of the Civil Code).

    Because the:

    • the result obtained from the service cannot be seen or touched;

      the service itself is consumed at the time it is provided to the customer;

      the service is considered provided after the signing of the acceptance certificate for the services provided;

      for accounting and tax accounting it is necessary to prove the fact of provision of services,

    Therefore, the preparation of primary documents is important for both the customer and the contractor.

    To reflect services, the main documents are:

    Service Agreement;

    Invoice (invoice) of the service provider;

    Payment documents.

Standard form of agreement for the provision of consulting and consulting accounting services

Saint Petersburg "__" ________ 201__

LLC "Romashka", hereinafter referred to as the "Customer", represented by General Director ____________________, acting on the basis of the Charter, on the one hand, and LLC "_______", hereinafter referred to as the "Contractor", represented by Director Ivanov I.I., acting On the basis of the Charter, on the other hand, we have concluded this Agreement as follows:

What mistakes are made most often in the preamble of a contract?

1. The Subject of the Agreement

1.1. The Customer instructs, and the Contractor undertakes to personally provide services in the field of accounting and preparation of accounting and other reporting in accordance with the Tax Code of the Russian Federation and Law No. 402-FZ "On Accounting", PBU and approved forms and explanations of the Ministry of Finance of the Russian Federation and the Federal Tax Service RF:

    oral and written consultations of the Customer on issues of its current business activities;

    maintaining the Customer's accounting records;

    maintaining tax records of the Customer;

    preparation of reports on the results of the financial and economic activities of the “Customer” for the corresponding period in the volumes established regulations in the Russian Federation, provision to government agencies and other users.

1.2. The Customer undertakes to accept and timely pay for the Services.

What mistakes are made most often in the subject of the contract?

2. Responsibilities of the Parties

2.1. The customer is obliged:

2.1.1. pay for the Services provided by the Contractor in accordance with the terms of this agreement;

2.1.2. ensure timely provision to the Contractor of all information and primary documentation necessary for the provision of Services;

2.1.3. provide conditions for the provision of Services by issuing appropriate powers of attorney and/or authorities.

2.2. The performer is obliged:

2.2.1. provide Services in a timely and high-quality manner;

2.2.3. apply legal and objective methods and means when providing services;

2.2.3. provide services in a timely manner and in full.

3. Procedure for provision of services

3.1. The Contractor has the right to engage third parties to provide Services under this agreement, while complying with the terms of this agreement on trade secret(confidential information), as agreed with the Customer.

3.2. If the Customer does not send the signed Certificate or a reasoned objection to the Contractor within 3 (three) working days from the date of receipt of the Service Provision Certificate, then the services provided are considered accepted by the Customer in full.

3.3. The Customer's objections to the volume and quality of the Services provided must be justified and contain specific references to the inconsistency of the Services with the results. In this case, the Parties are obliged to immediately agree on the conditions for eliminating this claim.

3.4. Services under this agreement not provided for in clause 1.1. are formalized in an additional agreement.

4. Cost of Services and payment procedure

4.1. The cost of the Contractor's Services is _______ (_____________________) rubles per month, including VAT _________________ per month.

4.2. The Customer pays the Contractor monthly as specified in clause 4.1. of this agreement the amount no later than the 10th day of the current month.

4.3. Payment is made by transferring funds from the Customer's current account to the Contractor's current account based on issued invoices. The Customer's payment obligations are considered fulfilled from the moment funds are received into the Contractor's bank account.

4.4. In the event of the Customer’s unlawful refusal to sign the Certificate of Acceptance of Services, the payment deadline for this certificate shall begin the next day after the date on which the Certificate of Acceptance of Services should have been signed.

4.5. After signing this agreement, the Customer transfers to the Contractor an advance payment in the amount of the monthly fee.

The beginning of the provision of Services is determined by the date of receipt of the first advance payment.

What mistakes are made most often when formulating the calculation procedure?

5. Privacy

5.1. The Contractor undertakes not to use the information received under this agreement for purposes directly or indirectly causing damage to the Customer and/or to obtain any advantages and benefits during the term of the Agreement.

5.2. Confidential information does not include information that is classified as open by existing legislation and the disclosure of which is the responsibility of the Customer.

7.3. This agreement is considered concluded and comes into force from the moment the Contractor receives the appropriate advance payment and is valid until the Parties fully fulfill their obligations under this agreement. With regard to unfulfilled obligations, this agreement continues to be valid even in the event of its termination until the Parties fully and properly fulfill these obligations.

7.4. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. The appendices to this agreement constitute its integral part.

7.5. The rights to use the results of the Services under this agreement in any form belong to the Customer; transfer of the results of the Services to a third party can be carried out by the Contractor only by agreement with the Customer.

7.6. In all other cases not mentioned in this agreement, the parties are guided by the provisions and norms of the current legislation.

7.7. This agreement has been drawn up in two copies, one for each party, both copies have equal legal force.

7.8. Attached to the agreement:

7.8.1. Service acceptance certificate

8. LEGAL ADDRESSES OF THE PARTIES

current account No. __________________________ in Bank _______________

Contractor: _______________________________ (location address)

current account No. __________________________ in Bank _______________

SIGNATURES OF THE PARTIES:

Appendix No. 1
to the Compensation Agreement
provision of consulting (consulting) services

Certificate of acceptance of services provided

G. _____________ "__" ________ 201__

LLC "Romashka", hereinafter referred to as the "Customer", represented by General Director ____________________, acting on the basis of the Charter, on the one hand, and Online Legal Consultation, hereinafter referred to as the "Contractor", represented by Director Ivanov I.I., acting on on the basis of the Charter, on the other hand, we drew up this Certificate of Acceptance and Delivery of Services Rendered (hereinafter referred to as the Certificate) under the Agreement for Paid Provision of Legal Services No. ___ dated "___" ___________ _____ (hereinafter referred to as the Agreement) as follows.

    In pursuance of clause 1.1 of the Agreement, the Contractor, during the period from "__" _______ ___ to "__" _______ ___, fulfilled its obligations to provide services, namely, provided the Customer with the following services:

    • ________________________________________

      ________________________________________

    The above services were completed in full and on time. Customer

Heading: Accessories
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