Creating an agreement

Automation Agreement 

This article is devoted to the organization of the workflow in terms of creating contracts

Let's explain some basic points and give examples of contracts at the end of the article. 

Our company has a lawyer who carries out consulting activities on your existing contracts for risk assessment, and can also create your contract for a specific task. 

A sample contract for the provision of services to the self-employed, a contract for the performance of work, an invoice-a contract for the provision of services are attached at the end of this article. 

When creating contracts, we rely on an assessment of the risks that may occur with us or our customers, clients of our partners. We will help to prevent accidental situations that may arise in the future, based on our own experience gained in the process of working with different companies. For example, to determine the stage of transfer of source codes, conditions for obtaining an extended warranty, etc.

You can use ready-made standard contracts from the Internet, as most of our friends do. However, there are cases when this approach is harmful, especially when it comes to disputes. 

A ready-made contract or a contract for the provision of services is, of course, a good option, but not when it is necessary to prescribe special requirements for the customer or contractor, which can significantly affect the process of work/provision of services. Automation has its own specifics, which should be taken into account when concluding contracts. It is a good idea to have a standard contract for the performance of works or the provision of services and supplement them for each specific case. 

It is worth explaining the difference between the performance of work and the provision of services, as sometimes people get confused. 

When rendering services, the process of rendering itself is important, the activity of the contractor, which does not lead to the creation of a material result (clause 1 of Article 779 of the Civil Code of the Russian Federation). These include consulting services. At the end, an act of services rendered is signed, the material carrier of the result is not transferred, although sometimes the customer may ask to make a detailed report attached to the act. 

The execution of works involves achieving a result - creating a new thing or changing the quality of a thing (Clause 1 of Article 702 of the Civil Code of the Russian Federation, clause 1 of Article 703 of the Civil Code of the Russian Federation), for example, application software. The method of its transfer and the carrier, as a rule, are provided for by the contract. At the end, an act of completed works is signed. 

The subject of the contract is an essential condition for its conclusion (Article 432 of the Civil Code of the Russian Federation). The subject must contain an exhaustive set of works/services intended for execution. If a very extensive subject does not fit in section 1 of the contract, it is specified in the annex to the contract. It is also important to understand exactly which actions will not be included in the subject of the contract and indicate them so that the receiving party does not have a desire to demand their implementation. For example, you did not plan to pull Ethernet to the automation cabinet, but upon arrival at the facility you found that you would have to do it – the customer has no specialists / on vacation / they have no time. 

If you purchase the equipment yourself, the customer may ask to conclude separate contracts for the performance of work and contracts for the supply of equipment. In order not to write a cumbersome delivery contract for several pages, you can make an invoice-contract, specifying in it only the most necessary data – the subject, terms (if they are important), the order of calculations. 

In the section "Rights and obligations" it is desirable to specify special requirements for the customer. For example, that the room in which you are going to work should be free of foreign objects (or it happens that you can't approach the cabinet) or that the customer should provide for the work/provision of services of any equipment. There is a "Other terms" section at the end of the agreement. It can provide, for example, the availability of a guarantee for the work performed (if there is such an agreement with the customer), the ability to consider messages sent by e-mail as official correspondence. 

It is really important to specify in the contract the full name and contact details (e-mail, phone number) of the responsible person from the customer with whom you will communicate during the execution of the contract, and who will directly accept your work. Because it happens that several people "run together" and start vying to set tasks, sometimes contradicting each other. It is better to protect yourself and interact with a specific person.  

Recently, we were approached by a self-employed person who needed a standard contract for the provision of services. Since it was inconvenient for him to report data on the subject, terms, cost, special working conditions or requirements for the customer, etc., a contract was prepared for him with empty fields that had to be filled in. 

Below are some sample contracts. If you still have any questions or need clarification, you can write to us via the feedback form, by phone or e-mail specified in the contacts. We will be happy to help.

Template for a contract for the provision of services to the self-employed 

Invoice contract for object inspection 

Contract for the performance of works

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