The formation of an application for termination of a service agreement occurs in cases where one of the parties to the relationship, due to some circumstances, wants to terminate the previously reached agreement.
FILES
For what reasons does this most often happen?
Service agreements can be drawn up in relation to any services provided to both individuals and legal entities. It can be:
- financial;
- consulting;
- household;
- informational;
- educational services, etc.
It should be noted that all contracts, regardless of their content, are a kind of preliminary, the execution of which must be confirmed by the presence of certain papers.
IMPORTANT! In the period before the actual implementation of the contract, each of the parties has the full right to refuse it.
The rupture of contractual relations can be explained by a variety of reasons. The most common:
- failure of one of the parties to fulfill its obligations;
- violation of deadlines for fulfilling the terms of the contract;
- delays in payments, etc.
The contract can be terminated even simply because there is no longer a need to provide the service for which it was drawn up (provided, of course, that this service was not provided at the time the application was written).
If the service provider, by the time the application to terminate the contract is received, has incurred any expenses under it, they must be fully compensated by the customer (but only if the service provider provides the necessary supporting documents - checks, receipts, etc.).
What to refer to when terminating a contract
The law provides the customer with the right to refuse services under the contract. In this case, there is no need to go to court - this is indicated by paragraph 1 of Article 782, Part 2 of the Civil Code of the Russian Federation dated January 26, 1996 No. 14-FZ.
A citizen who is a consumer of services and uses them for personal needs (not related to commercial activities) has the opportunity to refer in his application for termination of the contract to Article 32 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1.
It should be noted that sometimes the contractor requires to show papers indicating a valid reason for severing the contractual relationship. Such a requirement is unlawful, since the customer can refuse the contract even without giving reasons.
But if the termination occurs due to the fault of the contractor, the customer should attach written evidence of this to the application (checks for payment for services performed poorly or not performed at all, etc.) - this may be useful in the future if the case goes to court.
Features of drawing up an application
Now there is no generally applicable, standard application form, so you can write it in free form, based on your own vision of this document. The main thing when preparing it is to ensure that the sequence of its contents meets certain standards for drawing up business documentation.
The document should be roughly divided into three parts:
- beginning - information about the addressee and applicant;
- the main section is a request to terminate the application, as well as information about the contract and the reasons for its termination;
- conclusion - a list of attached documents and a signature.
There are no special criteria for the design of the document, just like for its content, i.e. The application may be written manually or typed on a computer. For a printed document, an ordinary blank piece of paper of any convenient format is suitable (A4 or A5 are mainly used).
It is recommended to write an application in two identical copies, one of which should be given to the representative of the organization providing services under the contract, the second should be kept, having previously secured a mark on it that the contractor has received a copy.
Sample application for termination of a service agreement
At the top of the document (right or left does not matter) you should indicate:
- position, full name of the manager, name and address of the performing company under the service contract;
- information about the applicant: full name, registration address and telephone number, passport details.
Then, in the middle of the form, write the word “application” and put a dot.
The main block of the application contains the actual request to terminate the contractual relationship. Here you need to indicate:
- date and number of the agreement, parties (all this is entered in full accordance with the main document);
- the reason and date of the break, as well as the articles of the legislation of the Russian Federation justifying these actions and the clauses of the contract itself;
- a request for a refund of the advance payment (if the customer has paid it).
If necessary, the application can be supplemented with other information (depending on individual circumstances).
After writing the application
After completing the application, it must be transferred to the other party to the contractual relationship. You can do this in several ways:
- the first and most reliable is to give it personally, from hand to hand to the service provider;
- send the document via regular mail by registered mail with return receipt requested (with a list of attachments) - this route also guarantees that the message will reach the recipient;
- submit the application through a representative, but only if he has a valid, duly certified power of attorney from the applicant;
- send an application via email, but only if such a procedure is specified in the contract;
- if there is electronic document flow between the parties, then it is allowed to send the application through the user’s personal account or via Internet banking (in situations when we are talking about credit institutions and their clients).
Claim for termination of the sales contract when purchasing goods of inadequate quality (defective). If defects are discovered in the product, if they were not specified by the seller, the consumer, at his own discretion, has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for the product. At the request of the seller and at his expense, the consumer must return the defective product.
In this case, the consumer, if defects are detected in the product, if they were not specified by the seller, at his own discretion has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality.
The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.
When returning goods of inadequate quality, the consumer has the right to demand compensation for the difference between the price of the goods established by the contract and the price of the corresponding goods at the time of voluntary satisfaction of such a claim or, if the claim is not voluntarily satisfied, at the time of the court’s decision.
In the event of the return of goods of inadequate quality sold on credit, the consumer will be refunded the amount of money paid for the goods in the amount of the loan repaid on the day of return of the specified goods, and also the fee for providing the loan will be refunded.
In the event of a return of goods of inadequate quality purchased by a consumer using a consumer credit (loan), the seller is obliged to return to the consumer the amount of money paid for the product, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement.
The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles “18” - “24” of the Law “On Protection of Consumer Rights”.
To the head of LLC "ХХХХХХ"
(indicate the full name of the seller)
Moscow, Red Square, 300
(indicate the seller's address)
from Ivanov Ivan Ivanovich,
(Your Last Name, First Name, Patronymic)
residing at the address: Moscow, Red Square, 301
(enter your address)
tel. 000-00-00
(indicate your contact phone number, mobile is possible)
Claim for termination of the sales contract and return of goods
“__” ___________ 20___ (indicate the date of purchase) I purchased in your store ____________ (indicate the name and article number, if you know) worth _______________ (indicate the cost) rubles. The product has a warranty period of ___________ (if applicable). After _____________ (indicate the period of use or when the defect was discovered) using the product, I discovered the following defect: _____________________________ (describe the nature of the defect).
Based on the above and in accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I demand that goods of inadequate quality be accepted and I terminate the purchase and sale agreement. I demand a refund of the amount of money paid for the goods in accordance with Art. 22 of the Law “On Protection of Consumer Rights” deadlines.
It is concluded by the parties on a voluntary basis for a certain period. If one of the parties to the contract wishes to terminate it early, then it is necessary to send a letter to the second counterparty terminating the contract for the provision of services.
According to the general rule established in Article 450 of the Civil Code of the Russian Federation, one party cannot refuse the contract without compelling reasons. Termination of an agreement by decision of only one of the parties is permissible through the court only in the following cases:
- In case of serious violations of the contract by another counterparty (violation of deadlines, provision of low-quality services or services not in full);
- On the grounds provided for by the Civil Code, other regulations, or the service agreement itself.
Note! In Art. 450.1 of the Civil Code specifies that if a legislative act or agreement provides for the cancellation of a contract by decision of one participant, then the moment of termination of the contract is the date the other counterparty receives notice of termination of the contract.
Article 450 of the Civil Code of the Russian Federation “Grounds for amendment and termination of the contract” and 450.1 of the Civil Code of the Russian Federation “Refusal of the contract (execution of the contract) or the exercise of rights under the contract”
The possibility of unilateral refusal of an agreement for the provision of services is provided for in a special rule, which applies exclusively to contracts for the paid provision of various services. Thus, Article 782 of the Civil Code of the Russian Federation stipulates that you do not have to go to court if:
- The contract is waived by the customer who has paid the contractor all actual expenses;
- A letter of cancellation of the contract is submitted by the contractor, provided that he compensates the customer for the losses incurred.
If the condition for repayment of the contractor’s expenses or the customer’s losses in connection with the execution of the contract for paid services is not fulfilled, the injured party has the right to appeal the unilateral decision to repudiate the contract in court.
Can be terminated early
Agreement for the provision of services (medical, financial, legal), etc. is concluded for a certain period. Termination of the contract earlier than the established period is possible under the following circumstances:
- Failure to fulfill the terms of the contract due to the fault of one of the participants;
- Circumstances have arisen that do not allow further fulfillment of the contract (for example, relocation, imposition of sanctions, closure of the supplier’s company, etc.).
Note! Termination of the contract ahead of schedule can be carried out by mutual agreement of the parties, which is the most acceptable option for both the customer and the contractor.
You can cancel the contract early either before the start of the service or during the process of receiving it. However, once the service has been provided, refusal is not permitted. Upon termination of the contract, the participants must compensate for damages associated with early cancellation of the contract.
If the parties have not reached a consensus, the contract can be terminated before the expiration of the term unilaterally (based on Article 782 of the Civil Code of the Russian Federation and the provisions of the contract) or by filing a statement of claim in court (if the losses were not compensated voluntarily).
How to write correctly
To cancel a contract for the provision of services, the applicant must send a corresponding letter to the other party. After receiving the notice, the second participant must respond within 30 days.
The form of the letter of refusal of services is not approved at the legislative level, however, this document must contain the following data:
- In the right corner of the A4 sheet the so-called header is indicated: the name and address of the applicant and the recipient of the notice;
- In the middle of the sheet it is written: “Notification”, and on the line below it is specified: “on termination of the contract for the provision of (legal, consulting, auditing, etc.) services;
- The text of the notification contains the details and name of the agreement that was concluded, the name of your organization (or full name of an individual) and the name of the other party to the agreement;
- A reference is made to an article of law and/or agreement, which is the basis for its annulment;
- In the final part, state your requirements or obligations. For example, if the notice is submitted by the customer, it is indicated: “I undertake to pay (cover) all losses incurred in connection with the termination of the contract.” If the contract is terminated due to the guilty actions of the other party, the applicant may demand payment of fines, penalties, interest, which are provided for in the contract;
- Signature of the applicant, seal of the company (if the notification is submitted by a legal entity) and date of preparation of the document.
The notice can be delivered directly to the contractor or customer. In this case, it is advisable to print the letter in two copies and ask for a signature confirming receipt of the letter on your copy.
It is also allowed to send a letter of cancellation of the contract by mail, but always with notification of receipt.
Important! The agreement is considered terminated not from the moment the letter is sent, but from the time it is received by a representative of the customer or contractor.
At LLC "Precedent"
address: Moscow, Lesnaya st., 25, office 34
phone: _____________
from Zarya JSC
address: Moscow, Mira Avenue, 26, office 15
telephone: ______________________________
NOTIFICATION
on unilateral refusal of the contract for the provision of legal services
On June 20, 2016, between me, Alexander Viktorovich Semenov, director of Zorya ZOA, hereinafter referred to as the Customer, and Sergei Viktorovich Sidorov, director of Precedent LLC, hereinafter referred to as the Contractor, an agreement for the provision of legal services No. 1 was concluded, hereinafter referred to as the “Agreement”. In accordance with clause 25 of the Agreement, if the terms for the provision of legal services are violated, the Customer has the right to unilaterally withdraw from the Agreement. In connection with the above fact, we inform you that the Agreement dated June 20, 2016 No. 1 on the basis of clause 1 of Art. 450.1, Article 782 of the Civil Code of the Russian Federation, as well as clause 25 of the Agreement is considered terminated from the moment the Contractor receives this notification. We demand the return of a sum of money in the amount of 50 thousand 450 rubles (fifty thousand four hundred fifty rubles) for legal services not provided by December 1, 2016.
10/01/2016 Signature
When to go to court
Despite the fact that the Civil Code of the Russian Federation provides for the possibility of terminating a contract at the initiative of one party, the need to go to court may arise if the contractor or customer refuses to compensate for losses.
However, in order to have the authority to go to court, you must first try to resolve the dispute out of court by filing a notice of termination and a claim for damages.
If the counterparty refuses to cover the material damage within the period specified in the letter, but no later than 30 days from the date of delivery of the notice, you can go to court, be sure to attach a copy of the notice of termination of the agreement for the provision of services to the claim.
Claim for termination of contract. Based on the invoice agreement concluded between the customer and the individual entrepreneur, the individual entrepreneur undertakes to provide the service for the manufacture of the product. In fulfillment of the terms of the invoice, the customer transferred funds to the account of the individual entrepreneur against the cost of the goods. However, despite the fact that the customer’s invoice obligations were fulfilled in full, the individual entrepreneur, in violation of the invoice standards and current legislation, delivered goods of inadequate quality. The customer demands to terminate the invoice agreement and return the funds.
IP __________________________
___________________________________
From: LLC "_______________________"
__________________________________
CLAIM
Based on the Invoice Agreement No. ___ and No. ___ dated __________, hereinafter the Invoice, concluded between LLC "_____________________", hereinafter referred to as the Customer, and the Individual Entrepreneur _____________________, Individual Entrepreneur ___________ undertakes to provide the service for the manufacture of the product Lace under Agreement No. ___: braid, width __ mm, material color - black. Seal (__). Fastening: metal ring; plastic carabiner for the phone “________” in the amount of ___ pcs. and braid, width __ mm, material color - black. Seal (___). Fastening: metal ring; plastic carabiner for the telephone “_________” in the amount of ___ pcs. for a total amount of __________ rubles and according to contract No. ___: braid, width __ mm, material color - black. Seal (___). Fastening: metal ring; plastic carabiner for phone “________” and braid, width __ mm, material color - black. Seal (___). Fastening: metal ring; plastic carabiner for the telephone “_________” for a total amount of ________ rubles.
By virtue of Art. 432 of the Civil Code of the Russian Federation, a contract is concluded by sending an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party, and on the basis of Art. 433 of the Civil Code of the Russian Federation, a contract is recognized as concluded at the moment the person who sent the offer receives its acceptance.
When the offer specifies a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer within the period specified in it.
According to clause 2 of the Invoice, acceptance of the offer is carried out by the Customer paying the entire amount of the Invoice simultaneously within 3 (three) banking days from the date of issuance of the Invoice and means the Customer’s full and unconditional agreement with the terms of service specified in the Invoice.
In accordance with clause 11 of the Invoice, payment of this invoice agreement confirms the fact that the Customer and the Individual Entrepreneur ___________________ entered into a contractual relationship.
The Customer fulfilled the terms of the Agreement in full.
In pursuance of the terms of Invoice No. ____ and Invoice No. _____, the Customer transferred funds to the Individual Entrepreneur Account ________ in the amount of ________ rubles and __________ rubles, respectively, against the cost of the goods.
According to the terms of the specified Accounts, the Individual Entrepreneur of the year __________ ________ delivered the ordered products, which is confirmed by invoices dated _________. No. ___ and No. ___.
In accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the seller is obliged to sell to the consumer a product that meets the quality requirements of the mandatory standards, the terms of the contract usually presented, as well as information about the goods.
However, despite the fact that the obligations under the Invoice on the part of LLC "___________________________" were fulfilled in full, IP ______, in violation of the rules of the Invoice and the current legislation, delivered goods of inadequate quality.
Upon acceptance of the goods, the following discrepancies were found: there are no laces with the “________” logo, i.e. shortage in the size of ___ pieces, as well as on the laces with the logo __________ and _______ colors do not correspond to the pantones specified in the technical specifications. On some laces the word ________ is not clearly printed, i.e. with fuzzy edges, the white “outline” in the word ________ is printed unevenly.
As a result of the delivery of products of inadequate quality on the basis of delivery note No. ___ dated __________. The customer accepted the goods: braid, width __ mm, material color - black. Seal (___). Fastening: metal ring; plastic carabiner for the phone “____________” in the amount of ___ pcs.
In accordance with Art. 29 of the Law of the Russian Federation “On the Protection of Consumer Rights”, when discovering deficiencies in the work performed (service provided), the consumer has the right, at his choice, to demand:
free elimination of deficiencies in the work performed (service provided);
corresponding reduction in the price of work performed (service provided);
free production of another thing from a homogeneous material of the same quality or repeat work. In this case, the consumer is obliged to return the item previously transferred to him by the contractor;
reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties.
Satisfying the consumer's demands for the gratuitous elimination of defects, for the manufacture of another item, or for the repeated performance of work (provision of a service) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (provision of a service).
The consumer has the right to refuse to fulfill the contract for the performance of work (rendering a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
In addition, on the basis of Art. 450 of the Civil Code of the Russian Federation, amendment and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract.
At the request of one of the parties, the contract can be changed or terminated by a court decision only:
1) in case of a significant violation of the contract by the other party;
2) in other cases provided for by this Code, other laws or agreement.
A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.
Thus, there is a significant violation of the contract, since the products were supplied of inadequate quality and the Customer is not able to use them for their intended purpose.
According to Art. 31 of the Federal Law “On the Protection of Consumer Rights”, consumer demands for a reduction in the price for work performed (service provided), for reimbursement of expenses for eliminating deficiencies in work performed (service provided) on their own or by third parties, as well as for the return of money paid for work (service) sum of money and compensation for losses caused in connection with refusal to fulfill the contract, provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of this Law, are subject to satisfaction within ten days from the date of presentation of the corresponding demand.
Thus, as a result of the failure of the individual entrepreneur ___________ to fulfill his duties properly in accordance with the norms of current legislation, LLC “_____________” has the right to demand termination of the contract and payment of expenses incurred.
On the basis of the above, -
1. Terminate Invoice Agreement No. ___ dated ___________, concluded between LLC “Multi-profile company “_________” and Individual Entrepreneur _____________________.
2. Terminate Invoice Agreement No. ___ dated ___________, concluded between LLC “Multi-profile company “________” and Individual Entrepreneur __________________.
3. Return funds to LLC “Multi-profile company “_______” in the amount of __________ rubles in full.
In case of refusal to satisfy the requirements, LLC “Multidisciplinary Firm “_______” will be forced to file a claim in court to protect its rights and legitimate interests, and in addition to reimbursement of expenses incurred, it will demand the recovery of legal expenses (penalties, expenses for attorney fees and compensation for moral damage), which will represent additional costs for you.
Please send your response to the complaint to the following address: ______________________________ within 5 days.
OOO "_______________________"
" ____ " ______________ of the year
Every day in Russia hundreds of contracts are concluded for the provision of various services; they may be related to production, business, construction, obtaining some benefits for people, and others. Agreements for the provision of services are concluded by entrepreneurs, organizations and individuals; they may relate to the purchase of movable and real estate, transportation, performance of certain works, rent and others. Each of these agreements may no longer suit one of the parties or both parties, the reasons for this may be different, so people need to know how to terminate such agreements between the parties.
People may need to cancel a contract if one of the parties to the agreement has violated it or cannot fulfill its obligations on time; sometimes the contract is refused if its fulfillment is no longer required. In any of these cases, an application for unilateral termination of the agreement for the provision of services may be drawn up. If both parties to the contract want termination, the cancellation procedure becomes bilateral.
You will learn about what an application for termination of a service agreement looks like in this article.
About termination of the agreement
Usually, any contract for the provision of any services indicates what reasons may serve as a reason for canceling the transaction, as well as the procedure for early termination. The termination procedure also means a description of who will pay the penalty incurred by the other party, etc. Unilateral termination of a transaction almost always implies that the party initiating the termination of the contract pays the financial expenses incurred by the other party.
Info
If an agreement is drawn up between the parties to terminate the service agreement, then the parameters of the main contract change in terms of the conditions for termination of the agreement. If both parties wish to terminate the transaction and have no claims against each other, they can do without the application of sanctions and the collection of penalties.
Drawing up an application
There is no legally established form for an application for termination of a contract, so it is written in free form, in accordance with the general rules for drawing up such documents. Organizations usually have their own application form for cancellation of a contract, but this only means that it is convenient for them to accept applications in this form, and not that they will not accept it in another form. Typically the application will take a form similar to the example below. You can use this sample application to terminate the transaction.
The main thing to indicate in the application is the following:
- Data about the parties to the contract (contractor and customer) - names of organizations, full names of those responsible, address and contacts;
- A request for termination of the agreement indicating the date of termination;
- Reasons for canceling the agreement, indicating its number and other details;
- Date of application and signature of the applicant.
Sample
We inform the other party
In order to terminate the contract, it is necessary not only to draw up a statement of termination, but also to familiarize the other party to the agreement with it. This can be done not only by applicants personally, but also through intermediaries. In general, the service provider can be informed about the termination of the contract by:
- The applicant himself;
- The applicant's representative acting by proxy;
- Via registered mail;
- Via email;
- Via an online service, if the agreement was concluded electronically on this service.
Info
After providing the information to the supplier, the applicant should receive a response. If the application is brought by the customer in person, then a receipt stamp is placed on it, indicating the full name of the recipient, as well as the date of acceptance.
What does unilateral refusal to perform a service mean?
Cancellation of a contract and refusal to fulfill it are different concepts and should not be confused. Termination can only occur by court decision, but refusal to fulfill obligations under the contract can come from one of the parties to the transaction. The customer can always refuse the services received without going to court, so this article deals with the cancellation of the transaction on the part of the customer. Since the consumer always has the right to choose, he has the right to refuse the services provided to him.
Important
When canceling a contract, the consumer may, in the application for termination (refusal of services), indicate a reference to Article 32 of the Law “On the Protection of Consumer Rights”.
Criminal lawyer. Experience in this direction since 2006.
