Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Agreement on the provision of information and consulting services
From our experience, 70% of disputes regarding information and consulting services arise due to an incorrectly drawn up contract. The main “pitfalls”: a vague subject of the contract, the lack of clear criteria for the quality of services and the procedure for their acceptance. What to pay attention to when drawing up a contract – we analyze based on 200+ successfully implemented projects.
1. Parties to the contract
The parties to this agreement are:
- Contractor – the party that provides information and consulting services
- Customer – the party that receives and pays for services
2. Subject of the contract
One of the parties to the contract (the Contractor) undertakes to provide certain information/consultation to the other party (the Customer). The latter, in turn, must pay for the services after receiving the information.
💡 Important advice When drawing up a contract, pay special attention to developing criteria for the quality of the services provided. We recommend including the following parameters: relevance (compliance with current legislation), completeness (covering all aspects of the issue), reliability (confirmation by official sources), timeliness (compliance with the agreed deadlines), practical applicability (possibility of real use).
3. Rights and obligations of the parties
3.1. Responsibilities of the Contractor:
- According to the contract, provide the customer with information services/consultations
- When providing information, be objective, adhere to the accuracy of the information, and, most importantly, its legality
3.2. Rights of the Contractor:
- Provide information, consultations, without involving the customer in this process
- Require the customer to pay for the services received on time
- In order to fulfill the terms of this contract, create various information services, databases, etc.
- Receive and disseminate the necessary information, using various means
- Apply to the customer of services with a request to create and sign acts of the services provided
3.3. Customer’s obligations:
- Pay for services on time
- Store the information received and do not transfer it to third parties to prevent its unauthorized use
- Use the information received exclusively for your own needs
3.4. Customer’s rights:
- Contact the service provider with a request to provide information in accordance with the procedure and terms of this contract
4. Responsibility of the parties
The responsibility of the parties is one of the main conditions that must be spelled out in the contract. Understanding how important this point is, it is worth seeking help from a lawyer.
What should be attributed to the responsibility of the parties:
- If payment for services is made late – the customer pays a penalty to the contractor, the amount of which is 0.5%, which must be paid for each day of delay
- If the customer makes technical errors – the contractor is not responsible for this
5. Contract validity period
- The contract becomes effective from the date of its signing by the parties.
- It is possible to terminate it early if one of the parties requests it and notifies the other party at least 10 days in advance.
- If the parties have not expressed a desire to extend the contract after its expiration, it is automatically extended for the period specified in the current contract.
- Disputed issues are resolved by the parties through negotiations between the parties. Otherwise, they may exercise their right to go to court to resolve the conflict situation (disputes).
- Amendments to the contract may be made only with the consent of both parties.
6. Final provisions
Both this and any other contract for information and consulting services must be drawn up exclusively in accordance with the requirements of the law. To prevent its violation by one of the parties, it is necessary to enlist the help of a specialist in the field of law when concluding the contract.
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Legal assistance in drafting an agreement for the provision of information and consulting services
Our team annually supports dozens of agreements on the provision of information and consulting services. Top 3 cases that we are approached with:
- Disputes due to vague description of services in the contract
- Conflicts regarding rights to materials created during the consultation process
- Problems with proving the fact of providing services
If you need help drafting or reviewing a consulting services agreement or any other agreement, fill out the form below to contact a lawyer.
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1 question
Do you plan to provide online/remote consultations?
2 question
Is it planned to provide the client with materials after the consultation (reports, presentations, manuals)?
3 question
Чи будуть залучатися додаткові спеціалісти/субпідрядники для надання послуг?
Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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