Home Technology Know EVERYTHING that the Contract for the Provision of Services to Individuals...

Technology

Know EVERYTHING that the Contract for the Provision of Services to Individuals needs to be valid

12 October 2021

310

Understand what a Contract for the Provision of Services to Individuals is and in which situations you should use it. How to do it, which essential clauses must be included in your contract. Simple PDF and word templates for printing.

It is a fact that Skymarketing has hired or will hire some type of service one day. It is through contracts that the main economic relations are formalized in the legal and economic world.

Therefore, when formalizing a contract for the provision of services, it is necessary to take some special care, as there is important information that must be expressly provided for in your contract for the provision of services, so that it is possible to guarantee legal certainty, as well as the fulfillment of rights and obligations of the parties involved.

Learn now how to make a good service contract to avoid embarrassing situations between you and your client.

You can use an employment contract template to construct your own employment contract with the employer or the employee. You will find all you need to know about the employment contract example below, as well as a better understanding of when you will need an employment contract for your firm and how to form one.

But what is a Service Provision Agreement?

A contract for the provision of services is nothing more than a commercial agreement between individuals or legal entities, formalized through a document and signed by witnesses.

It is through it that the service provider is obliged to carry out a certain activity, in exchange for remuneration by the contracting party, under the terms of the Brazilian Civil Code.

Every contract needs to follow basic rules and requirements that sometimes on the internet are outdated, as the models offered are generic and do not represent what is specific in the contractual relationship, which is unique.
Therefore, the contract is indicated to be made by a notary or lawyer, who knows exactly what are the mandatory clauses it must have.

Contract for the Provision of Services to Individuals

Official document:

What is a Service Agreement for?

Initially, it is necessary to understand that the performance of a certain trade is the execution of a personal and onerous job that can be manual or intellectual.

Now imagine that you are a painter and the owner of a real estate agency agrees with you to paint the walls of all the apartments that are for sale in that company, for the amount of R$1,000.00. But it’s not all flowers, you took his word for it and made that deal by mouth. After the service is finished, this entrepreneur thanks you for the good service you did, shakes your hand, pays you R$200.00 and leaves.

Look at the size of this loss, don’t you think? How are you going to prove that the agreement was R$1,000 and not R$200.00? And how to prove that this agreement really existed? If you haven’t been through a similar situation yet, you might know someone who has.

That’s why formalizing a contract with your client is very important to ensure legal certainty and clarity for both of you. This reduces the risk of misunderstandings and increases the certainty that everything that was agreed upon will be properly complied with, in case any problems occur during the execution of the service.

Every contract must follow basic rules and requirements that sometimes on the internet are outdated, as the models offered are generic and do not represent what is specific in the contractual relationship, which is unique.
Therefore, the contract is indicated to be made by a notary or lawyer, who knows exactly what are the mandatory clauses it must have.

Contract for the Provision of Services to Individuals

Contract for the Provision of Services from Individuals to Legal Entities

In order for there to be a contractual agreement for the provision of services from individuals to companies, you must be a self-employed professional, or individual with CNPJ, who does not intend to be linked to the company and that this company wants to hire you, agreeing with all conditions that you impose to be able to run the service.

Step by step of making a simple contract for the provision of an Individual Service

Some steps need to be followed when making your contract safely and without harming your rights and these are the steps that have also been taken by the developers of dha multan .

Are they:

Negotiate with your customer

It is very important that you take advantage of the moment of negotiation to indicate what your possibilities and limits are. It is during the negotiation that the parties talk about the possible problems that may occur during the provision of the service that is being contracted and agree on the best way to solve these unforeseen events, even pointing out what will be the penalty of the parties for non-compliance with that agreement.

identify the parts

It is of fundamental importance that the complete data of the parties are present in the contract; such as full name, nationality, CPF or CNPJ, RG or details of the company’s legal representative, physical and electronic addresses.

The more detailed the qualification of the contractors, the better, as it is based on this information that you will know who to charge and where to charge, in case there is any future problem.

Express your main considerations

The so-called “considerations” is not an essential requirement of your contract, but if you want to include it, it will allow you to include the expression of the objectives and understanding of what you wanted at the time of the negotiation.

This assumption is interesting because it facilitates the interpretation of the contractual instrument by a third party who was unrelated to that situation. In the case of a judge, for example, if he needs to decide on a situation regarding the provision of the service, he will analyze the agreement based on the objectives expressed by the contracting parties.

Contract for the Provision of Services to Individuals

Describe the service in detail

The description of the service or terms of the contract is nothing more than a detailed specification of the technical and specific terms of the activity that will be developed by the provider. For example, the days, the time, where it will be carried out, who will do it, the way the service will be developed, what must be done, the duration of the work, etc.

It is essential that all assignments that are performed are precisely defined correctly, because it will limit how far the contractor can demand and how far the contractor can be demanded.

objectify

The object of a service provision contract is the type of human activity not prohibited by law, which will be produced, which may be manual or intellectual work.

Manual work is done with the hands, without the aid of machines, such as handcraft, sewing, party and decoration items, embroidery etc.

Intellectual work, on the other hand, is one that requires specialized knowledge on a certain topic, being used to manage, evaluate, calculate, design or control something.

Establish obligations and determine the amounts

In Law, it is said that contracts are characterized as “sinalagmatic”, this difficult word means that every contractual instrument has reciprocal rights and obligations between the parties.

Therefore, in a service provision contract it is no different, it is necessary to leave everything well formalized about the rights and obligations of each one.

As for the amounts, there must also be a clause or article in this contract , detailing how much will be made available for the execution of that service, the date and the form of payment, any fines or indemnities. This is so that in case of delay in payment or non-compliance with any of these obligations, the other party may execute the contract in court or out of court, in the correct manner.

Contract for the Provision of Services to Individuals

set the deadline

Another important thing that the team of nova city uses is to set the deadline for hiring. This deadline can be fixed or indefinite.
Deadline refers to activities that have a day and time to start and finish.

Our Civil Code does not allow the provision of services, if contracted for a fixed period, to exceed 04 years. However, after this period of 04 years, the contract can be renewed without any problem.

On the other hand, a contract that has an indefinite term, will stipulate the day that starts, but not the day that ends.

Predict forms of termination

It is possible to include in your contractual instrument, clauses that have the objective of predicting how this pact will be broken.

The most common contractual termination conditions are:

Death of either party;
End of service or term;
Non-fulfillment of obligations by contractors;
Chances of chance or force majeure;

Contract for the Provision of Services to Individuals

Indicate the forum

The forum is a legal term used to indicate where a particular demand will be processed, discussed or resolved.

This clause is extremely important, especially when the parties involved in the legal transaction live in different States. In this way, it is good to leave an agreement in advance, through this clause, in which place any legal demand arising from contractual problems will be discussed and processed.

Main mistakes when making a contract

Incomplete data. You have no idea how much this harms the debtor’s location and makes it difficult to qualify for any judicial collection. Stay smart for this requirement!
Absence of penalty in case of non-compliance with the obligation (interest, fine, charges). This intimidates the part. She will think twice before breaking any contractual clause through mere negligence;
No exact payment date. It’s a very serious problem! This can cause your payment to always be delayed due to lack of stipulated date;
Vacant object. It is bad when a contract does not indicate in detail what type of work will be carried out, which may give the contractor room to oblige you to perform other services that are not within its purview;

Contract for the provision of services between companies

To work on your own as a Legal Entity and in a formalized way, the first step is to open a CNPJ and become an individual micro-entrepreneur.

Learn more about how to open a CNPJ.

If you are already a Legal Entity and want to provide a service to another company without being linked to it, it is important to know that your rights are basically limited to the possibility of issuing an invoice, receiving social security assistance, such as maternity leave, retirement, etc. .

Thus, the main advantage of this type of hiring ends up being the control of their own work routine, since those hired by PJ are not required to work a fixed shift, for example.

Service Agreement x Individual Employment Agreement

Well, if you are a self-employed professional who wants to provide services for a company, know that there are basically two ways to be formally hired: either through an Individual Service Provision Agreement or through an Individual Employment Agreement.

The Contract for the Provision of Services to Individuals is managed by the Civil Code, while the Individual Employment Contract is conducted by the Consolidation of Labor Laws – CLT and in this, there will be a binding employment between employee and employer.

There are some differences between them, precisely because they are governed by different laws.

If you are hired by CLT, your rights as an Individual will be:

Have a work card signed by the employer (boss);

Paid vacations;
Additional for overtime;
Maternity or paternity leave;
Unemployment insurance in case of unfair dismissal;
Time in Service Guarantee Fund – FGTS;
Retirement;
13th salary;
44 hours of work per week;

But if you are hired through an individual instrument, I have one more good piece of information for you: Pacta sunt servanda!

The contract is law between the parties, dear reader, so be open to negotiate, always preserving your limits, your requirements and, of course, agreeing everything according to the law, ok?

Contract for the Provision of Services to Individuals

Service Provision Contract x Work Contract

Initially, you need to know that the Service Contract is different from the Work Contract in some respects, but mainly with regard to the object of the contract.

This is because the service that will be hired in the contract will always be the construction of a specific work, which can be carried out personally or by third parties, for remuneration and without any subordination bond. It can be the construction of a house, a kitchen, a wall etc, while the service contract has as its object the activity of the provider.

The contract is another type of legal business governed by the Civil Code, but the most important of all is that it can be labor, when the contractor will only commit to the service itself, without providing the materials for the work that he will perform or can be mixed, when the contractor is responsible for the execution and materials of the work. This forecast must be expressed in the contract, so as not to cause a problem.

Provision of Autonomous Service

The self-employed person has economic and financial independence to carry out their professional activities on their own, without being linked to a company. He can even make various service provision contracts with other people or companies.

In addition, it has no fixed hours and receives remuneration from the contractor.

What constitutes the provision of an Autonomous Service is simply the fulfillment of the specific activity that was contracted and the receipt of the agreed payment.

Provision of Mason Service

It is a big mistake to fail to sign a bricklayer service contract. Several problems could be mentioned here, especially because hiring mason by mouth is a common and cultural practice in Brazil.

So, you professional or contractor, write your contract to avoid headaches and stress. Know that this instrument can and should be simple. It must contain a survey of everything that will be purchased, in addition to the work schedule and a description of payment methods, with date and late fees.

Provision of Educational Service

This is a specific work that must be formalized through a contract where one of the parties performs the education service and the other remunerates this service, without contradicting the internal regulations of the educational institution, as in the case of the contract of enrollment at a college, for example.

There are peculiar clauses such as the one regarding the payment of tuition fees, the course and subjects that will be taught, responsibility for teaching materials, in addition to any discounts, etc.

Contract for the Provision of Services to Individuals

Provision of Legal Service

The fee contract is the formal instrument by which the lawyer establishes the conditions of his service, payment of fees, form of employment as well as the limits of his legal practice. In addition to being intrinsic to the legal activity, it is very useful because it guarantees greater security, clarity and transparency in the contractual relationship.

Provision of Civil Construction Service

Due to the increase in demand, the creation of a contract to regulate the hiring of this sector has become extremely important for construction companies that hire outsourced services.
The service for civil construction, as its name already indicates, covers construction or renovation of projects and this type of contract may vary depending on the type of activity that is intended to be contracted for the construction. This activity must be expressly expressed in the contract for this type of service.
Learn more about civil construction services contract (https://blog.teclogica.com.br/contratos-construcao-civil/)

How much to charge for the provision of the service?

It is up to the professional to calculate the value of the activity that will be performed by him. The total price of this service must include all costs with material, displacement, time and complexity of execution.
Therefore, you will not find an exhaustive table stating how much to charge, but it is certain that proportionality and reasonableness must always prevail and the most important is that these amounts and payment methods can be fully adjusted between the parties without any problem either, so that it’s good for both of you.

What are the validity requirements of a Service Agreement?

For the contract to be considered valid, some basic requirements must be met:

The parties must have civil capacity;
The contract must be lawful in accordance with the law;
The service provider must have specific authorization (if the service requires it);
Fixed term of the contract cannot exceed 04 years;

What documents are required to carry out the contract?
To hire services or become a provider, you must be in possession of basic identification documents at the time the contract is drawn up. Examples are:

ID
CPF
Proof of address
Proof of registration by a specific body or institution, required as a necessary condition for exercising the profession.

This is the case of the OAB, for the lawyer, CRM, for the doctor, CREA or CRQ for engineers, CRC for the accountant, etc.

And if there is a breach of the contract for the provision of services to an individual?

The person responsible for breaching a contract will respond within the penalties established in the contract itself, such as the payment of fines, charges, interest.

Depending on the size of the breach, the contract may even be terminated automatically by virtue of the termination clauses , with no possibility of cancellation or withdrawal, since both parties are bound by the instrument they signed.

In addition, the person responsible for the breach of this agreement will not be able to enjoy the right of repentance, unless there is a specific clause providing for this right or an amendment is made, modifying or including clauses that favor the person responsible.

Another alternative is to cancel. Thus, all commitments and obligations previously agreed are no longer legally valid.

Contract for the Provision of Services to Individuals

How to proceed after signing the contract?

After the parties and witnesses sign the contract, it is important to ensure that the signatures taken on this document are actually true. To do so, all parties need to go to the nearest registry office and notarize their signatures.

After this, each party will keep a copy of this contract, which must also be authenticated at the notary’s office.
These procedures usually don’t take long and even though they seem to be bureaucratic, it’s what will guarantee validity and legal force in your hiring, besides avoiding future wear and tear.