Helpful Hints 

Agreement for the provision of information and consulting services. Provision of consulting services

________________ "__" _______ 201_

Represented by ___________, acting ___ on the basis of ___________, hereinafter referred to as __ "Contractor", on the one hand,

and _________________ represented by _____________, acting ___ on the basis of ___________, hereinafter referred to as ___ "Customer", on the other hand, have entered into this consulting services agreement, hereinafter referred to as the "agreement", as follows.

1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes obligations to provide consulting services for the Customer. The Customer undertakes to pay for the services of the Contractor in the amount stipulated by this contract for consulting services.
1.2. The Customer's materials necessary to fulfill the contract are transferred to the Contractor by .
Upon completion of the provision of services or ahead of schedule at the request of the Customer, the Contractor returns the materials under the act of acceptance and transfer.
1.3. The contractor draws up the results of consultations in the form of a conclusion.
1.4. For the provision of services under this contract of consulting services, the Customer pays the Contractor a fee in the amount, procedure and terms established by this contract.
1.5. The Contractor guarantees the absence of contractual and other relations with the Customer's competitors (the list is attached), which could have an impact on the conduct and result of consultations. The Contractor guarantees its scientific and material independence during the execution of this service agreement.
1.6. Service provision period:
start: "___" _________ 201_,
ending: "___" _________ 201_.
1.7. Services are provided at the location of the Contractor (city ___________). If necessary, travel to other settlements The Customer pays for the travel and accommodation of the Contractor based on:
- tickets: ____________________________________________;
- accommodation (hotel): ________ rubles per day;
- meals: _______________________ rubles per day.
1.8. All costs associated with the implementation of this contract of consulting services, the Contractor bears independently at the expense of his remuneration.

2. OBLIGATIONS OF THE CONTRACTOR
2.1. The Contractor undertakes:
- advise the Customer on financial and economic issues;
- inform the Customer about the economic and financial condition ____________ to __________ (indicate the region of interest);
- analyze investment prospects Money Customer in ___________________;
- ensure the confidentiality of information transmitted by the Customer;
- monthly report to the Customer on the fulfillment of obligations under this agreement in the form of written and oral reports;
- provide other services at the request of the Customer under this contract of consulting services.
- provide the Customer with services personally and with proper quality;
- do not copy, transfer or show to third parties the Customer's materials held by the Contractor;
- provide the Customer with written reports on the progress of the provision of services under the consulting services agreement;
- provide the Customer with materials and conclusions in in electronic format on magnetic media. Based on the results of services - written materials and conclusions;
- at the request of the Customer, participate in negotiations and defend their opinion on the conclusion;
- give, if necessary, at the request of the Customer, explanations to interested parties, including state, scientific, design organizations, on the materials submitted by the Contractor in accordance with this contract.
2.2. The performer has the right:
- receive from the Customer any information necessary to fulfill its obligations under this Agreement;
- receive remuneration for the provision of services under this contract of consulting services.

3. OBLIGATIONS OF THE CUSTOMER
3.1. The customer undertakes:
- determine specific results for the Contractor for production activities the Customer under this agreement;
- pay for the services of the Contractor in accordance with this agreement;
- if necessary, issue powers of attorney to the Contractor to carry out on his behalf the necessary actions to obtain information necessary for the Customer;
- during the validity period of the consulting services agreement not to enter into relations with third parties on the subject of the Agreement.
- provide the Contractor with source materials and information;
- pay for the services of the Contractor in the manner, terms and conditions of this contract of consulting services;

G. __________________

"___"_________ ____ G.

We hereinafter refer to __ as the "Contractor", represented by ___________________, acting __ on the basis of ___________________, on the one hand, and ___________________, hereinafter referred to as the "Customer", represented by ___________________, acting ___ on the basis of ___________________, on the other hand, collectively referred to hereinafter as the "Parties" have concluded this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor provides, during the term of this Agreement, current consulting services to the Customer on financial, tax, accounting and legal issues of the Customer's activities, and the Customer undertakes to pay for these services.

1.2. At the request of the Customer, expressed in writing (including using Email), and with the consent of the Contractor, in addition to consulting services under this Agreement, it is possible to provide the following services:

Conducting financial, economic, accounting, legal expertise on certain issues of financial and economic activity Customer;

Analysis of business transactions, financial schemes and contracts with the development of recommendations (including recommendations for optimizing taxation);

Development of draft documents related to issues accounting and reporting, business contracts, other documents of a legal nature;

Participation in arbitration (court) cases;

Other similar services.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor under the Agreement undertakes:

2.1.1. Verbally (by phone, at the Contractor's office or visiting the Customer) advise the Customer on issues of its financial and economic activities, as well as provide written answers, conclusions, clarifications, references upon the Customer's written request. The Contractor is obliged to provide an exhaustive answer to the Customer's request within the agreed time frame.

2.1.2. The Contractor reserves the right not to give answers that are in the nature of a direct recommendation if the Contractor has doubts about the unambiguity of the interpretation of certain legislative provisions, and also if the issue raised by the Customer is not regulated by law. In these cases, based on its experience, the Contractor expresses only his opinion on unresolved issues, which is not a direct recommendation to the Customer to act in one way or another, but only determines the Contractor's point of view on this issue.

2.2. The performer has the right:

2.2.1. Request documents, clarifications and additional information from the Customer regarding the question raised by the Customer.

2.2.2. Independently determine the composition of specialists providing advice and, at its discretion, distribute the work provided for by the Agreement among the members of this group.

2.2.3. If necessary, involve in the provision of services specialists who are not on the staff of the Contractor, who for the purposes of this Agreement are considered specialists of the Contractor.

2.3. The customer undertakes:

Create the conditions necessary for the Contractor to provide them with consulting services, including:

2.3.1. Timely provide the Contractor with the information and documents necessary for the provision of services.

2.3.2. If it is necessary to provide services outside __________________, reimburse the Contractor for travel expenses for the travel of the Contractor's specialists to and from the place of provision of services and the costs of paying for the hotel.

2.3.3. Make all payments under the Agreement on time.

2.4. The customer has the right:

2.4.1. At its own discretion, contact / not contact the Contractor for the provision of services provided for by the Agreement.

2.4.2. Upon written or oral request, receive from the Contractor information about the regulatory legal acts on which the recommendations and conclusions of the Contractor are based, as well as the texts of these acts, at no additional charge.

3. COST OF SERVICES AND PROCEDURE OF PAYMENTS

3.1. The cost of the Contractor's services includes:

3.1.1. the amount of the Contractor's remuneration under the Contract, which is calculated on the basis of the rates specified in Appendix No. 1 to the Contract, expressed in rubles for 1 hour of work of one specialist of the Contractor and including VAT based on the type of service and the actual amount of time worked by the Contractor's specialists;

3.1.2. the amounts provided for in clause 3.2 of this Agreement (include VAT charged by the Contractor to the Customer);

3.1.3. other amounts of payment provided for by this Agreement.

3.2. In addition to paying the remuneration, the Customer additionally reimburses the Contractor for all actually incurred and documented overhead costs (including VAT paid by the Contractor to third parties) associated with the provision of consulting services and the involvement of specialists who are not part of the Contractor's staff.

3.2.1. If the Contractor's response in writing is submitted in more than one language, the Customer shall additionally pay the Contractor for the translation of such response into another/other languages ​​in the amount of _____ rubles, including VAT, for 1 page of the translation text (1700 characters, including spaces) for each additional language.

3.3. The Contractor issues invoices on a monthly basis (regardless of the degree of completion of the work) no later than the ____ day of the month following the month in which the services were rendered. In case of an unspecified delay in payment of invoices, the Contractor has the right to demand a transition to an advance form of payment.

3.3.1. An invoice with a transcript of the consultations provided, as well as an act on the provision of consulting services (Appendix No. 2) are transferred to the Customer and must be accepted or protested by him within ____ business days from the date of receipt by the Customer.

3.3.2. In case of default by the Customer, these documents are considered accepted. In this case, payment in accordance with the terms of the Agreement must be made by the Customer within ___ days from the date of expiration of the period provided for acceptance. Transfer of documents is carried out through a specialist, by fax or by courier.

3.4. At the request of the Customer and with the consent of the Contractor, the final cost of services provided on a specific request may be agreed by the Parties before the start of the provision of services. The Customer must inform the Contractor about the desire to preliminarily agree on the cost of services before sending a request for the provision of services to the Contractor. Based on the results of agreeing on the cost and scope of services, the Parties conclude an additional agreement.

3.5. In case of impossibility of performance due to the fault of the Customer, the services are subject to payment in full.

3.6. In the event that the impossibility of performance arose due to circumstances for which none of the Parties is responsible, the Customer shall reimburse the contractor for the expenses actually incurred by him.

4. PRIVACY

4.1. The Parties undertake to do everything necessary measures to protect each other's trade secrets. The Contractor is not entitled to disclose information received from the Customer, except as otherwise required by law.

5. RESPONSIBILITIES OF THE PARTIES AND THE PROCEDURE FOR SETTLEMENT OF DISPUTES

5.1. All disputes related to the execution of the Agreement, the Parties will seek to resolve through negotiations between them.

5.2. In case of failure to reach an agreement when considering disputed issues, the Party that made the claim sends a claim to the other Party, which is considered by the latter within 10 days from the date of its receipt.

5.3. If the dispute is not settled in the claim procedure, this dispute is subject to consideration in the arbitration court of the city of _______ in accordance with the current legislation of the Russian Federation.

5.4. The Contractor for non-fulfillment or improper fulfillment of the obligations stipulated by the Agreement shall be liable to the Customer to the extent of the cost of the services rendered, which caused losses to the Customer, and if there is fault.

5.5. For untimely transfer by the Customer of the advance payment amount, intermediate and final amounts of payment under the Agreement, the Customer shall pay the Contractor a penalty in the amount of ____ percent of the amount of the overdue payment for each day of delay, if the Contractor sends the Customer a request for payment of penalties. If such a request is sent, the calculation of the penalty fee is made from the day the Customer violates the payment deadline.

6. AMENDMENT, TERMINATION OF THE AGREEMENT AND ITS TERM

6.1. Any changes and additions to the Agreement will be valid only if they are made in writing and signed by the Parties.

6.2. The customer has the right to refuse to execute the contract for the provision of services for compensation, subject to payment to the Contractor of the expenses actually incurred by him.

6.3. The Contractor has the right to refuse to fulfill obligations under the Contract for the Provision of Services for Compensation only if the Customer is fully reimbursed for losses.

6.4. Losses for the purposes of this Agreement means:

__________________________________________________________.

6.5. The term for the provision of services by the Contractor under this Agreement is from the moment of its conclusion and until _____________.

7. FINAL PROVISIONS

7.1. All Annexes and additions to this Agreement are its integral parts and form a single whole with it.

7.2. The Agreement is drawn up and signed in two copies, one for each of the Parties, with equal legal force each instance.

7.3. When changing legal and postal addresses, banking and other details of the Parties shall immediately inform each other about this.

7.4. This Agreement comes into force from the date of its signing and is valid until the Parties fully fulfill their obligations under it.

7.5. Applications:

7.5.1. Description of services (Appendix N 1).

7.5.2. The act of delivery - acceptance of the rendered services (Appendix N 2).

8. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Customer: _______________________________________________________________ _________________________________________________________________________________ _______________________________________________________________________________ Contractor: ________________________________________________________________ _________________________________________________________________ _________________________________________________________________________________ SIGNATURES OF THE PARTIES: Customer: Contractor: _____________________ _____________________ (signature) (signature) M.P. M.P. CONTRACT

CONTRACT

for the provision of information and consulting services

_________ "___" ______________

Hereinafter referred to as the "Customer", represented by ______________________, acting on the basis of _____________, on the one hand, and ____________________, hereinafter referred to as the "Contractor", represented by ___________________, acting on the basis of _______________________, on the other hand, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor assumes the obligation to provide services, and the Customer undertakes to accept and pay for them.

1.2. Within the framework of this agreement, information and consulting services are provided in the field of __________________________________________________________ ____________________________________________________________________.

2. OBLIGATIONS OF THE PARTIES

2.1. The contractor is obliged:

2.1.1. Advise the Customer on the following issues: _________ ___________________________________________________________________________________________________________________________________________.

2.1.2. Analyze information, documents and other materials provided by the Customer.

2.1.1. Fulfill the Customer's task within the terms stipulated by this agreement, and with the proper quality.

2.1.2. Provide the Customer with a report on the services rendered, which should contain information on issues of interest to the Customer, conclusion and necessary recommendations.

2.2. The customer is obliged:

2.2.1. Provide the Contractor with the documentation and information necessary for the latter to fulfill its obligations within ___ days from the date of signing this contract.

2.2.2. Provide all possible assistance to the Contractor in the fulfillment by the latter of his obligations under this Agreement.

2.2.3. Accept the Contractor's report on the services provided, consider it within ___ days.

2.2.4. Timely pay for the work of the Contractor in accordance with the terms of this agreement.

2.3. The performer has the right:

2.3.1. Receive from the Customer documents, clarifications and additional information regarding the issue of consulting, and necessary for the quality provision of consulting services.

2.3.1. For timely and full payment for the services provided to the Customer in accordance with the terms of this agreement.

3. PROCEDURE FOR PAYMENT

3.1. For the provision of services provided for by this agreement, the Customer pays the Contractor _____________________ rubles, including VAT - ______________________ rubles.

3.2. Payment under this agreement is made by transferring the amount specified in clause 3.1. to the account of the Contractor within ______________ banking days since ________________________________.

4. TERMS OF SERVICE

4.1. The Contractor's services must be performed within _______ days from the date of signing the contract, as well as all the necessary documents and information that the Customer must provide for the Contractor to properly perform his duties.

4.2. Documents and information must be submitted to the Contractor in writing in person, or using telefax or electronic communication.

4.3. The Contractor undertakes to maintain the confidentiality of information received from the Customer for the provision of services.

4.4. The Contractor may involve third parties for the execution of this agreement, which does not release the Contractor from responsibility for the quality of the services provided.

4.5. The end date for the provision of services is the moment the Contractor's report is provided to the Customer.

4.6. After consideration of the report of the Contractor, an act of acceptance of the services rendered is drawn up, which indicates: complete list services rendered by the Contractor, their cost, including VAT, and the status of settlements.

5. RESPONSIBILITIES OF THE PARTIES

5.1. For non-fulfillment or improper fulfillment of their obligations under this agreement, the parties shall be liable under the current legislation of the Russian Federation.

5.2. In case of delay in payment for services, the Customer is obliged to pay the Contractor a penalty in the amount of ____% of the unpaid amount for each day of delay.

5.3. In case of delay in the performance of services, the Contractor is obliged to pay the Customer a penalty in the amount of ____% of the cost of the outstanding service for each day of delay.

6. EFFECT OF FORCE MAJEURE

6.1. Neither Party shall be liable to the other Party for failure to fulfill obligations under this Agreement due to circumstances force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions, which arose against the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, fires, earthquakes, floods and other natural natural disasters, as well as the publication of acts of state bodies.

6.2. A certificate issued by the relevant chamber of commerce and industry or other competent authority is sufficient evidence of the existence and duration of force majeure.

6.3. The Party that fails to fulfill its obligations due to force majeure must immediately notify the other Party of such circumstances and their impact on the fulfillment of obligations under the Agreement.

6.4. If force majeure circumstances last for 3 (three) consecutive months, this Agreement may be terminated by either Party by sending a written notice to the other Party.

7. DISPUTES RESOLUTION

7.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between them.

7.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in the arbitration court of the city of _______ in accordance with the procedure established by the legislation of the Russian Federation.

8. PROCEDURE FOR AMENDING AND TERMINATION OF THE AGREEMENT

8.1. Any changes and additions to this Agreement are valid only if they are made in writing and signed by both Parties.

8.2. Early termination of the Agreement may take place in accordance with clause 6.4 of this Agreement, either by agreement of the Parties, or on the grounds provided for by the legislation of the Russian Federation.

8.3. The Party that decides to terminate this Agreement must send a written notice of its intention to terminate this Agreement to the other Party no later than _________________ days before the expected date of termination of this Agreement.

8.4. In case of early termination of the contract, the parties make mutual settlements for the services actually provided at the time of termination of the contract.

9. OTHER TERMS

9.1. This Agreement enters into force on ____________________ and is valid until the parties fully fulfill their obligations under the agreement.

9.3. This Agreement is made in two copies having equal legal force, one copy for each of the Parties.

Addresses and details of the parties

Signatures of the parties

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

Agreement with legal entities and individuals

Usually, we are talking about paid services. But large consulting firms can provide pro bono services to prospective clients on initial stage 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 are of great value. 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 an executor or consultant (may be a legal or natural person). Regardless of who the customer and contractor are, the contract is drawn up according to the same model.

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

Types of consulting services

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

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

Management consulting services are the most popular. Business efficiency depends primarily on how the company's management is built and how the management is able to coordinate 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 advice (the customer receives all necessary information and recommendations of the consultant and makes a decision);
  • . process (the customer takes part in the preparation of recommendations, strategic plans, etc.);
  • . training (the customer himself or his employees attend classes organized by the consultant).

In the contract of consulting services, it is necessary to stipulate how actively the customer participates in the activities of the contractor.

Standard contract 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 compilation;
  • short information about the parties (full name / title, passport data / certificate of registration, representatives (if any));
  • the subject of the agreement (usually briefly, detailed data are contained in the terms of reference attached to the document);
  • terms of rendering services, the amount of remuneration and the procedure for its payment;
  • the possibility of involving third parties;
  • duties, rights, responsibility of the customer and consultant;
  • privacy statement;
  • termination of an agreement;
  • details of the parties and signatures.

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

  • technical task;
  • work schedule;
  • payment schedule;
  • act of delivery and acceptance of services rendered.

Preparation of terms of reference

The terms of reference determine what services will be provided and what result is expected. At the same time, the contractor retains the right to independently choose the methods of work. In addition, it allows the customer to state his requirements for consulting services, and the performer 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 the contractor;
  • detailed description 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 the company in the market. A correctly concluded contract for the provision of consulting services, to which the terms of reference are attached, is a guarantee that the result will meet the customer's expectations.

Have questions?

Report a typo

Text to be sent to our editors:

Send