June 30, 2015 at 00:59How to protect your interests in the provision of services by the example of the development of web studio web projects
Let's start with the thesis: Do the job efficiently and on time.
If the work is done poorly and all the deadlines have passed, then the following tips will only partially help the
So, let's structure the contract and interactions with the client:
1 Stages
- The project should be divided into small stages. Yes, this will lead to an increase in workflow since each stage will need to be handed over and covered with documents. But you will get a number of significant advantages, which are described below.
- In the event of a significant change in the scope of work, you can conclude an additional agreement on changing the subsequent stages.
2 Dates
- Indicate the terms in the contract in business days without reference to calendar dates.
- Indicate the most adequate terms according to your capabilities. Banal advice, although many should take it into service.
- Start work on the stages link to payments. If the client delays payment under the contract, the deadlines will be shifted. You also have the right to suspend work if there is an appropriate clause in the contract and the client is notified of the suspension of work until the debt is paid off.
3 Payments
- I repeat, payments should be tied to stages. Many small payments are easier for companies than two large ones. In case of financial difficulties of the Customer, you will learn about them faster and earlier than when you completed all the work.
For example, you have signed a contract for 1 million rubles. Payment of 50 to 50. Received 500 thousand in advance. Cool, let's go to work. Then, after a couple of months, having completed all the work, it turns out that the company is at the stage of bankruptcy or liquidation ... Total 500 thousand hole in your budget. Having broken into 4 stages of 250 thousand and breaking payments as 50 to 50, the maximum that you can fly into is 125 thousand. In this option, you will not receive a large amount of money in advance, but from the point of view of minimizing risks, this is the best solution. - If the client does not pay, adequately assess the risks. The customer can feed on promises to pay for months. The optimal is the suspension of work under the contract.
4 penalties
- The standard rate of interest is 0.1% per day. Some customers offer to set up to 0.5%, which is also acceptable if all other conditions are met. If the client offers to put 1% per day, then it is worth considering the adequacy of the client and what goals he sets.
- Indicate the maximum penalties. Put 10-20% of the cost of the stage. As a rule, lawyers do not touch this figure.
- Indicate that interest will be calculated from the overdue stage, and not from the entire contract. This will significantly reduce the amount of interest.
- Indicate dates in business days. The average month is 30 calendar days and only 21 work days. This will reduce the percentage of fines and at the weekend will provide an opportunity to catch up on the project, if it is only in terms
- Indicate that the penalty is paid only upon the written request of the client and after you acknowledge the claim, thereby even if you delayed the deadlines a little, but did all the work and the client was satisfied, the likelihood that he will demand a penalty is insignificant.
- Indicate customer late fees for late payments. Customers often delay payments. In the case of calculating interest, you will be able to file a counterclaim.
- Some special customers want to include lost profit clauses in the contract. This is not worth doing. If the client is very important to you, you can fix additional fines with clear conditions when they apply and their amounts.
5 Acts
- The most painful place for performers is acts. The work has been completed but not activated. The acts were done, but not conveyed to the client properly. As a result, the client may demand that all advances under the contract be returned.
- Acts must be done immediately after completion of work. Initially, an act is a notification that the work has been completed, and not that the client has accepted it. If the client is not satisfied with the volume and quality of the work performed, then he must draw up an act with a list of deficiencies and terms for their elimination within the time period specified by the contract.
- Acts with a cover letter should be sent in 3 ways:
- scans to the manager’s mail and to the general email address specified in the contract
- by courier
- by mail with an inventory and notification to the address specified in the contract
Scans and courier - for the convenience of the client, mail with notification - to confirm receipt of acts by the client. Most companies do not register incoming documents, so sending them by Russian post with an inventory and notification to the legal address specified in the contract (or mail, if indicated separately) is the only way to confirm their delivery .
- If the client did not pick up the letter from the legal address and it was returned to you, send again. Returned a second time - this is the client’s problems. The contract should be noted that when changing the legal address, the client must notify you in a short period.
6 Electronic document management
Proper use of electronic document management will save a lot of nerves and time:
- Oral meetings need to be recorded and protocols exchanged with the client. Project managers can change both from the client and from your side.
- Use the BITRIX24 corporate portal or analogues to exchange tasks on design coordination, request materials, discuss project issues. You set tasks for the client’s employees, the whole story is stored electronically.
- The contract should record the legal force of electronic document management and emails, indicating the contact addresses of the responsible managers.
7 Afterword
Unsure of your abilities - contact a lawyer to help him draw up an agreement, agreements and other documents. I wish you patient solvent customers with interesting projects!