Instructions: how to write an application for termination of a service agreement

The fact of early termination of the contractual relationship between the customer and the contractor can be recorded using a termination agreement. This method is only possible if the counterparties have reached a mutual agreement. The document is drawn up in the same form as the previously signed agreement. How to draw up an agreement to terminate a contract for the provision of services, what are the features of such an agreement, we will understand in the article.

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On what basis are they asking for termination of the contract?

In accordance with the provisions of Art. 782 of the Civil Code, both the customer and the contractor have the right to terminate the relationship early. Wherein:

• if the initiative comes from the customer, he is obliged to pay the contractor for the costs incurred. If the contractor did not have time to incur any expenses, the customer simply submits an application to refuse services, and the parties part ways;
• if the initiative of the contractor, he is obliged to compensate the customer for losses, if any.

The law does not establish a specific list of cases in which the parties have the right to initiate termination of relations; for example, the following reasons are allowed:

• the customer no longer needs the services provided by the contractor;
• the customer is not satisfied with the quality or speed of the contractor’s work;
• The contractor is not satisfied with the delays in payment that the customer allows.

When is it permissible to demand termination?

Legal regulation depends on the purpose and subject composition:

• the transaction is concluded between two commercial entities, in this case regulation is carried out by the Civil Code of the Russian Federation;
• the transaction is concluded by a citizen for personal purposes, we refer to Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”.

In both cases, it is necessary to indicate the will of the party to refuse to execute the transaction.

Let us give an example of termination of a contract for the provision of services under the law on the protection of consumer rights.

Citizen A. ordered a dress to be sewn in an atelier. The performer bought the material, but A. refused further cooperation. Did A. have the right to do this? Yes. Art. 32 of the said law provides for the consumer’s right to refuse services at any time without any justification, provided that he reimburses the contractor for the actual expenses incurred. In the example given, payment for A. material will be required.

In the situation of an agreement between commercial entities, we are guided by Art. 782 of the Civil Code of the Russian Federation, any party has the right to refuse execution unilaterally, but:

• if the customer refuses, he reimburses the costs actually incurred by the contractor;
• If the contractor refuses, he will compensate the customer for losses in full.

The specified legal regulation is not related to cases of improper performance by a party of its obligations.

Draw up any agreement for free using a special agreement designer from ConsultantPlus.

How to write an application

There are no strict legal requirements for how to write a statement of termination of a contract. The main thing is that its text contains all the important information necessary to end the relationship.

The text of the appeal consists of three semantic blocks:

• headers indicating the names and addresses of the parties to the relationship;
• the main part, where the details of the contract to be terminated are stated, its subject - what services are provided, the applicant’s desire to terminate the relationship and the date of the proposed termination. If necessary, the reasons for refusing further cooperation are also indicated here;
• the final part includes the demands put forward by the applicant: to terminate the agreement, as well as, if necessary, additional demands, for example, to return the advance payment previously paid or to compensate for losses incurred.

The text ends with a list of attachments, if any, and the signature of the applicant.

Here is an example of a sample application for termination of a contract for the provision of telephone services:

Form:

When can you terminate the contract?

In what situations can a contract be terminated? Art. 450 Civil Code of the Russian Federation:

1. By agreement of both parties.
2. By a court decision, if one of the parties has significantly violated the provisions of the agreement, or in other situations provided for by the Civil Code of the Russian Federation. Usually this is a violation of the terms of provision of services or performance of work, in case of violation of obligations (failure to transfer an advance payment, rental payments).
3. At the initiative of one of the parties. The outcome in this case may be termination by mutual agreement or by court decision. This depends on whether the other party agrees to the terms of termination.

For your information! If one of the parties has the right to terminate the contract unilaterally, then it must act in good faith when exercising this right.

By mutual agreement, counterparties can terminate a previously concluded agreement even when this condition is not specified in it.

How to send it to the performer

The request should be sent to the counterparty in a way that will later confirm receipt of the request:

• hand over personally to the representative of the counterparty, in this case, on a second, identical copy, which remains with the applicant, obtain the signature of the accepting representative as confirmation of the transfer of the application;
• send by registered mail with return receipt requested;
• use the electronic document management system, if it is provided for in the agreement and allows you to confirm the fact of sending and receiving requests between counterparties.

Compilation rules

Since there is no unified form, the document on termination of the contract is drawn up in free form. At the same time, for it to be valid, it is necessary to clearly state that all relations are terminated and the contract is terminated.

In addition, it is recommended to provide the following details:

• data of the parties: name, address, other necessary details;
• the name of the document itself;
• an indication of the document that is being terminated;
• recording the fact that the contract has been terminated and all obligations have been terminated;
• termination date;
• additional conditions (compensation, settlements, transfer of property, etc.);
• recording the absence of claims;
• signatures of authorized persons;
• date of.

What to do next

Subsequent actions of the parties depend on the terms of cooperation and the nature of their relationship. The ideal option is to enter into a termination agreement. But it is not always required: the text of the initial agreement often stipulates that the moment the counterparty receives a notice of termination, the relationship is terminated without any agreement.

In some cases, after sending and receiving a written request - an application to terminate the contract - the parties need to fulfill final obligations to each other, for example, to reimburse incurred expenses or losses. The procedure for carrying out these actions is either described in the original document or agreed upon additionally.

If the parties have no obligations to each other, and the termination of the relationship occurs when the other party receives a statement of refusal of services, the relationship is terminated without any additional actions.

Procedure for terminating the contract by agreement

Art. 452 of the Civil Code of the Russian Federation talks about the procedure for terminating a contract. The agreement must be drawn up in the same form in which the contract was made. This means that a written form of agreement requires a written form of agreement. If the agreements were oral, then the agreement should be in this form, that is, nothing needs to be in writing.

The procedure for termination by mutual consent will be as follows:

1. The parties mutually agreed to terminate the contract. They need to evaluate material and financial obligations and reconcile calculations. The contractor must report on the work done and materials used. He may have to return some of the materials. The customer evaluates the work and decides how he will receive the materials.
2. Acceptance of completed work. Draw up an act of acceptance and transfer of work. The deed may be part of the termination agreement.
3. Drawing up an agreement and its approval by both parties.
4. Signing the agreement.
5. Transfer of money, transfer of materials, tools, equipment, etc., that is, fulfillment of final obligations.

Attention! When resolving a matter in court, an agreement is not required.

Before concluding an agreement, you need to make sure that there are no restrictions that could make this document invalid (Clause 1 of Article 450 of the Civil Code of the Russian Federation). For example, this cannot be done if the agreement is drawn up in favor of a third party who does not consent to early termination (clause 2 of Article 430 of the Civil Code of the Russian Federation).

When to go to court

Going to court is necessary when a controversial situation arises when one party does not fulfill its obligations and violates the rights of the other party, for example:

• the contractor refuses to return the advance payment made earlier;
• the contractor incurred costs, but the customer refuses to reimburse them.

To make your complaint to the court more convincing and help solve the problem, study court decisions on similar cases. The database of judicial practice in ConsultantPlus will help you find them (get free access to it by clicking on the link below). The database contains decisions of all Russian courts, and the search is as simple as in Yandex. Be sure to refer in the text of the appeal to those cases that the court decided “in your” favor.

to read.

Which court should I file my claim in?

The claim is filed in court at the place of residence of the defendant (IP), at the location of the legal entity or the disputed property. For contracts related to business activities, we apply to the arbitration court.

The address of the desired court can be found via the Internet on the website of the State Automated System of the Russian Federation “Justice”. It is enough to enter the desired subject and address (republic, region, city, street) into the search bar, and the contacts of the desired court will appear.

If necessary, we will help you understand the issues of jurisdiction and jurisdiction, and determine the correct court to file a claim.

Methods for terminating the contract

There are three ways to terminate a contract: by agreement of the parties, unilaterally or through the court - under Art. 450 and art. 450.1 Civil Code of the Russian Federation.

Termination by agreement of the parties

The customer and the contractor agree: there is no point in continuing. There are two options: to separate silently or by written agreement. The agreement will confirm that there are no longer mutual obligations between the parties. Even if the customer goes crazy, he will not demand a sudden penalty. Sign the agreement for peace of mind.

The termination agreement is essentially an annex to the contract. Therefore, they draw it up in the same way as a contract. If the agreement was signed on paper, prepare a paper document. If the contract was certified by a notary, they go to him again.

The agreement states:

— Should the unearned advance be returned? If yes, by what date?

— Whether to return the result of unfinished work under a contract.

— From what date does the contract cease to be valid? If you do not specify a date, the contract will be terminated from the date the agreement is signed.

Termination of the contract unilaterally

A unilateral refusal is a notice. You tell the customer: “We are no longer working,” and the contract ceases to be valid.

The right to unilateral refusal arises if it is specified in the contract or the Civil Code. In the contract, check the sections “Termination Procedure” and “Final Provisions”.

The contract is terminated unilaterally under Art. 716 and 719 of the Civil Code of the Russian Federation, if:

— The customer provided unsuitable material or inappropriate technical documentation. For example, a client demands to renovate an apartment according to a design project, but it does not correspond to the layout of the apartment.

— The contractor was waiting for materials or technical documentation from the customer - and never received it. For example, to create a website, information about a product is needed, but the customer did not share it.

— The customer’s requirements will lead to poor results or missed deadlines. The customer did not respond to the warning. For example, the customer is having a wedding. She signed a contract with the seamstress. During the process, the customer became obsessed with silk and demanded that this material be used. The seamstress warned that in this case she would not be able to complete the work on time - first verbally, then in writing. She had to break the contract.

The contract for the provision of services is terminated at any time under Article 782 of the Civil Code of the Russian Federation.

To terminate the contract:

— Under the service agreement, the customer’s losses are fully compensated.

— According to the contract, the unfinished product is returned to the customer. For example, an unfinished dress.

Warn the customer about the termination of the contract in an official form: send a registered letter with a list of the contents and a receipt. In the event of a trial, an inventory of the attachment will confirm that you sent a message about the termination of the contract, a notification of delivery will confirm that the customer received the letter. Send the letter to the address in the contract.

Termination of a contract through court

If the client is against terminating the contract, all that remains is to go to court.

The general reasons for breaking a contract are specified in Art. 450, art. 451 Civil Code of the Russian Federation:

— The customer significantly violated the contract. This causes losses to the contractor that he did not expect. For example, the owner of the office did not transfer money for construction materials. The time frame for starting repairs has been delayed, and the contractor needs to proceed with the next orders.

— Circumstances have changed significantly, which the parties did not foresee. For example, trade relations with a country have been stopped, so the reseller of goods from it cannot continue deliveries.

In practice, the contract is usually terminated on the first ground.

The order is:

1. Send the client a written proposal to terminate the contract. Set a deadline for response - or it will be the standard 30 days. Send the letter with a description of the attachment and a receipt.

2. Get rejected or wait until the deadline has passed.

3. Send the statement of claim to the court and a copy to the customer. It is better to prepare a statement of claim with a lawyer. The court will consider only the requirements that are stated in it.

What to include in contracts with customers for the future

The most convenient form of breaking a contract is unilateral refusal. In any agreement you can specify the grounds for it. For reasons, take specific situations from your practice. Arbitrary conditions will not work - for example, an unfavorable alignment of the stars or a bad mood. Art. 450.1 Civil Code of the Russian Federation.

For example, in a contract for tailoring, it can be stated that the tailor has the right to refuse work if:

a) the customer brought unsuitable fabric;

b) the customer does not come to the fitting when the tailor is called.