Agreement on termination of the contract for the provision of services. Sample and form 2020

Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

The contract has not yet expired, but you are no longer interested in continuing cooperation. Be sure to notify the counterparty of your intentions in the appropriate way - send the other party a written notice of termination of the service agreement, a sample of which can be downloaded below.

I’ll tell you how, without the help of a lawyer, to competently notify the contractor/customer of your intention to terminate the contract and how to substantiate the reasons, what rules of substantive law to refer to, what nuances to take into account and how to send the document. You will find out when the contract will be considered terminated and what to do if the other party refuses to terminate cooperation.

How to write a notice of termination of a service contract - sample, forms

I have prepared for you current year and legally correct forms and samples of notification letters for different situations:

Sample notice of termination of a contract for paid services (DOC 17 KB).
Notice of unilateral termination of the service agreement (DOC 13 KB).
Sample letter to terminate a service contract (obrazec-pisma-o-rastorzhenii-dogovora-okazaniya-uslug) (DOC 13 KB).
Sample letter for termination of a service contract by the customer (DOC 15 KB).
Sample letter of termination of a contract for the provision of services by the contractor (DOC 17 KB).
Letter of termination of the service agreement (DOC 13 KB).
Sample notice of termination of a contract for the provision of legal services (DOC 14 KB).

The proposed samples can be used when terminating all types of contracts for paid services: information, consulting, financial, auditing, tourism, transport, medical and veterinary, educational, utilities, communications, etc.

What is a notice of termination of a service contract?

Notifying the counterparty of termination of the contract is a civilized way to terminate cooperation.
You can terminate the contract for the provision of services ahead of schedule by mutual agreement of the parties, on the initiative of one of them, or by a court decision. In any case, the initiator of the break should first notify the counterparty by sending him a proposal to terminate cooperation. If you do not notify, the other party will have the right to demand compensation for damages and legal costs in court.

Notice of termination of a contract for the provision of services (DOU) or application for termination of a contract for the provision of services is a legally significant message - Art. 165.1 Civil Code of the Russian Federation. This written request to the counterparty serves as the basis for termination of rights and obligations and determines the moment of occurrence of legal consequences.

Objectives of this document:

Inform the recipient (performer or customer) of your decision to terminate the contract early, either in full or in part.
Terminate an agreement that is about to expire - if, in the absence of objections, the agreement remains in force on the same terms.
Terminate contractual relations if you renounce the pre-employment agreement unilaterally - mutual obligations terminate from the moment the counterparty receives a notification letter (Article 450.1 of the Civil Code of the Russian Federation).
You can follow the pre-trial procedure - you can submit a demand to the court to terminate the contract only after receiving the counterparty’s refusal to your proposal or not receiving a response from him on time (Article 452 of the Civil Code of the Russian Federation). This notice is often called a pre-trial claim.

That. a notice of termination of a contract can act as a proposal to terminate cooperation, as a document confirming a unilateral refusal of the contract, or as a mandatory attachment to a statement of claim if it is necessary to terminate the agreement in court.

Important! A notice (application) of termination of a preschool educational institution and a notice of unilateral refusal of a preschool educational institution are documents similar in form, but different in content. The first contains only a proposal to terminate cooperation, while the second states the fact of refusal to fulfill the contract.

What are the grounds for sending a notice of termination of a service agreement?

Both the customer and the contractor have the right to terminate the contract for the provision of services ahead of schedule. This can be done at any time and regardless of whether the contractor/customer has begun to fulfill his obligations or not. The only requirement is to notify the counterparty in writing of your decision.

The grounds for early termination of the preschool educational institution are provided for in Chapter. 39 Civil Code of the Russian Federation and Ch. 3 Federal Law of the Russian Federation No. 2300-1.

You have the right to refuse it at any stage of the execution of the contract for the provision of paid services, even without good reason (i.e., unmotivated), but only on condition of payment - Art. 782 Civil Code of the Russian Federation:

Costs actually incurred by the contractor.
The customer's losses and lost profits.

You can terminate the contract without any sanctions if:

This possibility was provided for by the agreement itself.
You have lost interest in continuing cooperation, and the other party does not mind ending the contractual relationship.
Further execution of the agreement is impossible due to a significant change in circumstances.
The counterparty committed a significant violation of the contract.

Important! Regardless of whether your decision to terminate further cooperation is motivated or not, it is definitely necessary to notify the counterparty, and for this you should prepare a notification letter, the so-called. "notice of termination".

What is the procedure for notifying the counterparty of termination of the contract?

In order to properly notify the counterparty of your intentions, it is necessary to study the contents of the service agreement - it may contain a condition on the method of notifying the parties upon termination, the form of notification and the timing of sending the letter. If such conditions exist, they must be met.

An example of such wording: “Either party has the right to terminate the contract unilaterally by notifying the other party by email 14 calendar days before the date of termination.” This means that a notification letter should be sent to the counterparty by e-mail no later than 2 weeks before the planned termination of obligations.

If the conditions of notification are not specified in the preschool educational institution or are absent, then adhere to the following procedure:

Draw up a notice of termination of the contract for the provision of services (a sample is given above) in 2 copies. Indicate in it the main points of termination of the contract so that they can be further discussed with the counterparty and included in the termination agreement.
Register the letter in the outgoing documentation and assign it a registration number.
Send 1 copy of the document to the counterparty or hand it to a representative, securing a mark of receipt of the notification on your copy.
If financial issues remain unresolved, send a reconciliation report along with the notification.
Expect a response to your request within the period specified in the notification or within 30 days from the date it was sent.
Upon receipt of consent, draw up an agreement to terminate the contract and present it to the counterparty for signature. From the moment the agreement is signed, the obligations cease.
In case of unilateral refusal, obligations terminate from the moment the message is delivered to the addressee.
If the counterparty refuses to terminate the relationship or if there is no response from him on time, prepare a statement of claim to the court. In this situation, the contract will have to be terminated in court, and the notification letter will act as evidence of proper notification to the second party - documents about its sending will need to be attached to the claim.

What the law says

The Civil Code establishes general regulations for the provision of services. Art. 782 of the Civil Code of the Russian Federation fixes the possibility of unilateral refusal of the transaction. Both the customer and the contractor can terminate the relationship. The key condition is repayment of debt and compensation for losses.

No reasons are required to cancel a contract. The counterparty's desire to stop servicing and willingness to compensate for costs is sufficient. Participants can be both individuals and legal entities.

IMPORTANT! A unilateral refusal does not mean that there is no need to notify the counterparty. The desire is formalized in the form of an additional agreement; the other party simply loses the right to hinder the partner’s initiative not to fulfill the conditions.

Article 782 applies to paid (paid) provision of services, which includes transactions with ordinary consumers. Norm Art. 32 of the Civil Code duplicates the provisions of civil legislation.

The legal form or sample itself is not fixed by regulatory legal acts. But the preparation of written documentation has become mandatory in practice. This is especially true for commercial transactions when organizations want to provide services to other companies.

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How to correctly write a notice of termination of a contract

The notice of termination of the preschool educational institution is drawn up in free form, taking into account the norms of office work.
The legislation does not impose clear requirements for the preparation of a notice (application) for the termination of a contract for the provision of services and there is no unified form established for it. Therefore, as a rule, a written appeal to the counterparty is drawn up in free form. In this case, the letter must be literate, concise, legally correct and comply with business ethics standards.

A notification letter is drawn up in 2 copies, either manually on an A4 or A5 sheet, or typed on a computer and then printed. You can prepare it on company letterhead - this will save you from re-indicating similar details at the end of the document; it will only need to be certified by the signature of an authorized person.

If the notification form was agreed upon by the preschool educational institution, fill out the letter according to the sample provided in the appendix to the contract. If not, compose it in any form, taking into account the recommendations below.

On a note. If your organization has developed its own rules for the preparation of legally significant messages, which are recorded in local acts (for example, in the instructions for office work), follow them when preparing the notification.

What structure should the notification (statement) have?

The recommended notification structure includes the following parts:

Introductory part

In the upper right corner of the letter (1/3 of the page) information about the addressee is indicated: position of the responsible person, name of the organization (if the agreement is concluded with an individual or individual entrepreneur - only full name), address, contact information. You can take all these details from the contract.

For organizations, outgoing letters are subject to mandatory registration, so you should indicate the date and registration number of the document. Usually they are indicated on the left side of the form - opposite your details or just below. The registration number may include both letters and numbers.

Document's name

“Notice” is written in the center of the sheet, and the line below reflects the contents of this document: “on termination of the contract for the provision of (educational, legal, consulting, veterinary, etc.) services.”

Main part

Includes details (number and date of conclusion) and the subject of the contract, the name of each party (name and role under the contract), as well as other information that is essential for cooperation (for example, for an educational services contract, indicate the location of the training or the name of the teacher courses, etc.).

This is followed by a proposal to terminate the contract early by agreement of the parties. Your job is to clearly express your intention to leave the relationship. The wording should not be abstract, and the information should be understandable not only to the counterparty, but also to the court in the event of a dispute. Be sure to clarify whether this letter is a unilateral refusal of the transaction.

If you refuse the contract without justification (there is no significant violation), then you should write “I undertake to pay (cover) all losses/costs incurred in connection with the termination of the contract.” You have the right to set out your conditions and planned terms for the return of funds.

On a note. The cancellation of the contract comes into force at the moment when it was accepted by the counterparty, but payment can be made later. Those. you have the right to communicate your intention to make payment even after the actual termination of the contract.

If the termination of the DOU is carried out due to the guilty actions of the counterparty, you can demand in the notification the payment of fines, penalties and interest provided for in the contract.

Subject part

Here you can set out the circumstances or reasons due to which you decided to terminate the contractual relationship early. This item is not required, since the reason for the break can be any.

I recommend that if the counterparty fails to comply with the terms of the DOU, the notification should indicate:

List of violations.
A link to a clause of the agreement or to an article of the Civil Code of the Russian Federation regulating the party’s right to early termination of the agreement under the current circumstances.
List of documents confirming improper fulfillment of obligations by the counterparty.
Request for termination of the contract.
A warning about the intention to seek legal protection in the future.

To reduce the time it takes to prepare a document, use the example available for download - a sample notice of termination of a service agreement (DOC 17 KB).

Clarifying part

This is usually indicated here:

How long is a response to a notification from the counterparty expected?
The date of termination of the contractual relationship, i.e. date of termination of the contract.
If there are uncompleted paid or unpaid services provided, if the counterparty has equipment, materials or other objects - a requirement to return something or send acts or other documents.
List of attached documents - for example, agreement/receipts/acts/expert reports, etc.

Final part

The notice should be marked with the date the document was drawn up and signed:

Date of creation - indicated in Arabic numerals or in verbal-numeric form.
The notification is signed by the head of the organization initiating the termination of the contract. If you are not submitting the notification on letterhead, then indicate the name of the organization, the position of the authorized person, sign and provide its transcript (initials and surname). If the document is signed by a representative, indicate in the text the details of the power of attorney, on the basis of which he has the authority to terminate the agreement.
The notification is certified by the seal of the organization if this norm is established in local documents.

If necessary, the notification may contain other information - it all depends on the circumstances and reasons for termination of the contract for the provision of services, as well as on the content of the DOU.

What are the reasons for terminating the preschool educational institution?

The reasons for sending a notice of termination of a service agreement can be any.
You have the right not to state in the notice the reasons for early termination of a service agreement. And even for a unilateral refusal to comply with the pre-approval order, motivation is not needed. If you decide to notify the counterparty in order to be able to resume cooperation in the future, indicate the actual circumstances due to which you will not be able to continue to fulfill your obligations under the contract.

It can be:

Force majeure, emergency, etc.
Deterioration of financial situation.
Moving.
Liquidation of a company.
Disease.
Failure of third parties to fulfill obligations to you.
Failure of the counterparty to provide the necessary documents, permits, materials, equipment.

What are the notification requirements?

When preparing a notification, it is advisable to adhere to the general requirements for document preparation - GOST R 7.0.97-2016:

If you are typing a letter on a computer, use free fonts Arial, Calibri, Times New Roman or Verdana, size 12 to 14.
If the letter is not issued on letterhead, then indicate your details under the addressee’s details (in the upper right corner of the sheet).
If the addressee is an individual or individual entrepreneur, the appeal is written in the dative case (i.e. “to whom”).
The addressee-organization in the letter is addressed in the nominative case (i.e. “who”), and the position of the person to whom the appeal is sent is indicated with a capital letter.
The addressee's initials are placed after the surname, but in the signature area the initials are indicated before the surname.
In the text of the notification, sentences that are overloaded with punctuation marks and difficult to understand should be avoided.
The letter is dated not on the day it was written, but on the day it was signed by the authorized person.
When specifying the date, a digital or verbal-numeric method and the “day-month-year” format are used - 08/09/2020 or August 9, 2020.
If the notice consists of several pages, then the second sheet (top center) should be numbered.
The notice is signed by the manager or a person authorized to sign.
The document must contain a transcript of the painting.
The signature is made with a ballpoint pen with blue or purple ink.
The organization's seal should not overlap the signature.
The notification letter should be recorded in the outgoing documentation log.

How to make an application correctly?

A notice or application for unilateral termination of a service agreement is drawn up in any form. The letter implies either a refusal of the service in full or in part. The notification is issued on an A4 sheet in handwritten or typed text.

The header on the right lists the details of individuals or legal entities acting as the addressee and initiator of termination:

full name of the organization, individual entrepreneur or name of the individual to whom the notification is addressed;
position and full name of the addressee, for example, to the general director of Alpha LLC, P.P. Petrov;
legal or physical address of registration of the addressee;
name of the organization, individual entrepreneur or name of the individual initiating the termination;
legal or physical address of the initiator;
contact details of the initiator: telephone, fax, email.

In the middle is the name of the document “Application/notification of termination of the contract for paid services.” The body of the application lists:

date of execution of the contract;
names of organizations and full names of persons acting as parties to the agreement;
contract number;
reference to paragraph 1 of Art. 450.1 of the Civil Code of the Russian Federation or a clause of the contract reflecting the right to unilateral termination;
reason for refusal of services: improper execution of contract clauses, lack of need for further cooperation;
request to terminate the contract;
conditions and terms for the return of funds on the basis of Art. 782 of the Civil Code of the Russian Federation.

The document is dated and certified by the signature of the contractor or customer.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

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According to clause 782 of the Civil Code of the Russian Federation, in the event of unilateral termination of cooperation, the contractor and the customer undertake to reimburse the amount of losses incurred by the parties in full.

According to the Ruling of the Supreme Court of the Russian Federation dated October 12, 2020 in case No. 305-ES17-10359, the initiator of termination is not required to motivate the refusal, so it is not necessary to indicate the reason. The amount of expenses or losses is reimbursed both before and after termination of the agreement.

How to notify a counterparty of your intention to terminate a preschool educational institution

If you decide to terminate the contract for the provision of services, inform the counterparty in writing.
Notice of termination of the DOU is a legally significant message. It must be sent in the manner and to the address specified in the service agreement.

To which address should the notice be sent?

If there are no such conditions in the contract, then when sending a notification you should be guided by the following rules - Art. 165.1 Civil Code of the Russian Federation, paragraph 63-p. 65 Resolution of the Supreme Arbitration Court of the Russian Federation No. 25, clause 1 Resolution of the Supreme Arbitration Court of the Russian Federation No. 61:

A notification addressed to a citizen must be sent to the address of his registration at the place of residence or stay, or to the address that the citizen indicated himself in the text of the agreement, or to his representative.
If you know the address of the citizen’s actual place of residence, the message can be sent to such an address.
A notification addressed to an individual entrepreneur or legal entity is sent to the address specified in the Unified State Register of Entrepreneurs or the Unified State Register of Legal Entities.
A notification to an individual entrepreneur or legal entity can be sent to the address indicated by the individual entrepreneur or legal entity in the service agreement.
It is recommended to send letters to two addresses at once: indicated in the Unified State Register of Legal Entities and in the contract - this measure will help to avoid disputes.

How to send a notification

If the DOU establishes that the parties send notices to each other exclusively in the manner provided for in the contract, then sending a message in another way is considered improper. If the preschool educational institution has not established the method of sending, then your task is to choose the method that will allow you to reliably establish who the message came from and to whom it was addressed.

Important! The fact of notification of the counterparty must be documented. For example, a receipt mark on your copy, a postal receipt and delivery notice, a notarial protocol, a notarial deed signed by the addressee.

You can send a notice of termination of the contract:

Having handed it over to the counterparty from hand to hand, he must sign and date of receipt on your copy of the notice.
Hand over to the representative of the counterparty - the representative must have a valid and properly executed power of attorney.
Bring it to the reception - on your copy of the document, the receiving party must mark the date of its acceptance, put down the incoming letter number, indicate their position and full name.
Send the notification by courier - take a receipt from the counterparty stating that he received the document.
Sending a document by mail in a valuable letter with a description of the attachment and a receipt receipt is the most reliable method; it allows you to confirm the contents of the notification, unlike a simple or registered letter.
Telegram - suitable if the message does not require attachments. In the event of a dispute, the counterparty will not be able to declare a different content of the notice.
Through a notary - the notarial deed must contain the signature of the addressee or his representative upon receipt of the message. The notary has the right to deliver the notice in person, and if this is not possible, then send the message via postal, telegraph, teletype, telephone, electronic or other communication that makes it possible to reliably establish that the message sent comes from the notary.
By fax, email, sms and instant messengers - if the preschool educational institution specified the possibility of notification in this form. To increase the evidentiary value of electronic correspondence and message delivery, have it certified by a notary - he will draw up a notarial protocol for examining the evidence.

On a note. If you sent the notification by registered mail, do not be too lazy to additionally send the counterparty a telegram/fax or e-mail. This measure will avoid lawsuits.

Who to give the notice to?

The law allows the recipient or his representative to receive legally significant messages. Please note that the representative must have a properly executed power of attorney, which indicates the authority to receive documents.

If a representative of the counterparty acts without a power of attorney, then the authority to receive documents may also be apparent from the situation - Art. 182 of the Civil Code of the Russian Federation. You can understand that a company representative has the necessary powers if:

An employee who performs official duties acts on behalf of the company - Art. 402 of the Civil Code of the Russian Federation.
The representative has the seal of the organization, as well as access to the office to the corresponding workplace.
In previous relationships, this employee of the organization signed documents; you have no reason to suspect that he currently does not have this right.

When should notification be sent?

The law does not contain a reference rule regarding the notice period for termination of a service agreement. It depends on the specific circumstances, but the sooner this is done, the better.

If the DOU contains instructions on the number of days to send a notice, the deadlines must be observed. However, arbitration practice in applying such conditions is heterogeneous:

The obligation to notify within a certain period of the upcoming termination of the contract has no legal force.
In case of violation of the conditions stipulated by the DOU, to notify in advance of the upcoming termination of the contract - you will have to compensate for the losses caused by such violation.
In case of failure to comply with the notification deadlines in the event of a unilateral refusal, the DOU is recognized as terminated only after the expiration of the notification period agreed upon by the parties, calculated from the date of its receipt by the counterparty.

From what moment is the contract considered terminated or amended?

If the termination period is not specified in the contract itself, then the moment of termination is considered to be the period specified in the notice. In case of unilateral refusal, the contract is terminated from the date of delivery of the message to the counterparty or his representative - Art. 450.1 Civil Code of the Russian Federation. Those. from the moment:

Receive delivery notification.
Acceptance of the notification by the counterparty, confirmed by the date and signature on your copy.

What risks may arise from improper notification?

If notice is not given or given improperly, the following negative consequences will occur:

A unilateral refusal of a contract may be considered void - the obligations of the parties will not cease.
If there is a material breach of the contract by your counterparty, you will not be able to claim compensation for losses caused by termination of the contract.
The counterparty will have the right to demand payment of penalties, damages or other penalties.

What to do if the counterparty does not accept/respond to the notification

If your offer to terminate the contract was refused or there was no response, prepare documents for the court.
The counterparty has the right to reject the letter and not terminate the contractual relationship in the following cases:

If the structure/form of the notification does not correspond to those specified in the DOU.
If the official's signature in the notice does not match the signature in the contract.
If the document is not sent in the manner specified in the contract.

What to do when a counterparty refuses to accept a document

If the counterparty refuses to accept the notice of termination of the DOU, send him a notice:

Russian Post.
Independent courier service.

The notification will be considered delivered if it was received by the addressee, but due to circumstances depending on him, it was not delivered to him or the addressee did not familiarize himself with it - Art. 165.1 of the Civil Code of the Russian Federation.

What to do if the other party refuses to terminate or does not respond to the notice

The counterparty that has received the notice of termination of the DOU must respond to it within the following period:

Specified in the text
Stipulated in the contract itself.
If there is no time limit for a response, no later than 30 days from the date of delivery of the message.

If a refusal is received or no response is received after the deadline, you have the right to demand termination of the service agreement in court. If a positive decision is made, contractual obligations will be considered terminated from the moment the court decision enters into legal force.

Grounds for unilateral termination of the agreement

It is not always possible to prepare a notice of termination of a contract. The law provides for a limited list of circumstances that allow unilateral termination of an agreement. These include:

the specified reasons are provided for in the main agreement of the participants (in the absence of any disputes related to the termination of the agreement);
the occurrence of events that do not depend on the parties, but after the occurrence of which further implementation of the contract is impossible;
significant violation of the terms of the signed agreement.

Thus, following these rules, you can terminate any agreement.

Remember

An application or notice of termination of a service agreement is a legally significant message that serves as the basis for the termination of rights and obligations and determines the moment of occurrence of legal consequences.
The purpose of sending a notice of termination of the contract is: 1) to invite the counterparty to terminate cooperation and sign an agreement to terminate the contract, 2) to terminate the contract that is about to expire, 3) to notify him of the decision to unilaterally abandon the contract.
Both the customer and the contractor have the right to send a notification at any stage of the contract execution and even without good reason (i.e., unmotivated).
The appeal must be made in writing; the text must be literate, concise, legally correct and comply with business ethics standards.
If the notification form has been agreed upon by the preschool educational institution, the notification is drawn up according to the sample given in the appendix to the contract.
It is drawn up in 2 copies, one of which is kept by the initiator of termination, and the second is sent to the counterparty.
The notification must contain the details of the parties, the name and content of the document, details of the contract to be terminated, a proposal to terminate/refuse the contract, a response period, the date of termination, the date and signature with a transcript.
The document is signed personally by the manager or a person authorized to sign.
The notification should be recorded in the outgoing documentation log.
The document is sent in the manner and to the address specified in the service agreement. If there is no such information, then it is sent to the registration address at the place of residence or stay of the citizen, to the address specified in the Unified State Register of Individual Entrepreneurs (for individual entrepreneurs) or the Unified State Register of Legal Entities (for legal entities).
Sending a letter to two addresses at once will help to avoid disputes - to the one indicated in the Unified State Register of Legal Entities and in the contract.
The method of sending the document must make it possible to reliably establish from whom the message came and to whom it was addressed.
The fact of notification of the counterparty must be documented.
The notice period for termination of a service agreement is not established by law.
If the DOU contains instructions on the number of days to send a notice, the deadlines must be observed.
If your offer to terminate the contract was refused or there was no response, prepare documents for the court.

Have you ever had to draw up a notice of termination of a service agreement? Were you able to convince the counterparty to terminate the agreement voluntarily or did you have to go to court?

Why is one-way notification necessary?

When drawing up any of the agreements, the participants can independently determine the procedure for terminating legal relations. In particular, this can be done in the following ways:

unilaterally;
by mutual agreement of the participants;
within the strictly specified terms of the contract;
in court based on a claim by an interested party.

If one of the participants decides to terminate the contract, then he is obliged to prepare a written notice (claim) to the second participant. If such a letter is not drawn up, and the party to the contract arbitrarily terminates the implementation of the terms of the agreement, then he may be held liable for failure to comply with the terms of the contract, which may entail legal liability (including the demand for a penalty or fine).

The second party - the recipient of the written complaint - has only 30 days, which are allotted to prepare an official response to the letter. If there is no response after a month, the first participant may file a claim in court demanding that the legal relationship be terminated.

Attention! Before filing a claim in court, it is necessary to confirm that the participant tried to resolve the conflict peacefully by preparing a claim, but the parties were unable to resolve the dispute on their own or the letter was ignored by the defendant. Every word must be documented.

The possibility of terminating legal relations unilaterally is provided for in Article 782 of the Civil Code of Russia. The difficulty of resolving the conflict, in this case, is related to the resolution of financial issues. One of the participants pays fines and compensates for associated costs. And who will be entrusted with such obligations cannot always be resolved peacefully.