A contract for the provision of advertising services is an agreement between the contractor and the customer, which refers to the provision of these services for a pre-agreed fee. It is concluded in accordance with the Civil Code of the Russian Federation and is included in the number of contracts for the provision of paid services.

An advertising services agreement is an agreement by virtue of which the advertising distributor will, on the instructions of the advertiser, disseminate advertising information within a certain territory and within a specified time frame, and the advertiser must pay for these actions.

This is regulated by the Federal Law of July 18, 1995 No. 108 FZ “On Advertising”, the norms of Ch. 39 of the Civil Code “Paid provision of services” and Art. 420-449 Civil Code (general provisions on the contract).

Several persons may participate in the agreement, both on the part of the advertiser and on the part of the advertising distributor. In relation to their obligations, they act as joint and several debtors.

The essential condition of the contract is its subject. They are intangible services (not the results of activities, but the actions themselves) and the term.

The agreement is concluded in simple written form.

The general rule provided for in Art. 780 of the Civil Code, there will be an obligation to personally fulfill the obligation to provide advertising services, unless otherwise provided by the contract. However, in essence, there is no personal trust relationship in this case.

Subject of the agreement

The subject is the production and distribution of advertising of any object. The federal law “On Advertising” states that information that is disseminated by any means, means and forms is advertising. It is aimed at a particular object in order to interest the consumer in it and promote market promotion. The object can be: the manufacturer/seller of the product and the product itself; product of the intellectual sphere; event, etc.

Parties

The parties to the contract for the provision of advertising services are the advertiser (or customer), that is, the person who determines the object in need of advertising and the content of the latter, as well as the advertising producer (distributor, performer). The functions of the latter can be performed by one or several persons. During the preparation of the contract, the price and method of payment, terms for the provision of advertising services, rights and obligations of the parties are discussed.

The following must be attached to the contract: payment schedule, assignment, copies of licenses, certificates and permits of the customer for the advertised object, assignment. The agreement must be drawn up in two copies and signed by representatives of both parties.

The quality of advertising services depends on how correctly the contract is drawn up.

Functions of the advertising market

Thanks to the advertising market, relationships between market subjects are created and regulated on an economic basis. They are coordinated through a price formation mechanism that maintains a balance between consumer and producer, supply and demand. Representing an economic regulator, the advertising market performs the following functions:

• promotes the unification of advertising producers and advertisers on economic grounds, which, in turn, are based on meeting the needs for advertising services, expressed through demand;
• helps eliminate disproportions between supply and demand for advertising services, bringing them into line with market needs;
• helps create conditions for the functioning of the advertising business and identifies leaders, stimulates its effective work;
• notifies market participants through economic indicators about all ongoing processes in the economy;
• eliminates the shortage of advertising services and expands the capabilities of business entities.

With the development of society and its relations, the functions of the advertising market also do not stand still and are characterized by a tendency to become more complex.

Advertising agencies

An advertising agency is an independent organization of business and creative people whose specialization is the creation of advertising and other materials related to it. In addition, the agency may engage or acquire subcontractors to purchase advertising space and time for its placement in certain media. In this case, the interests of sellers and advertisers who are clients of this organization are represented in order to find a real buyer for the services and goods they provide.

Who works in agencies?

The agency employs not only representatives of creative professions, but also businessmen who apply the wide possibilities of advertising art to solve their business issues. These include artists, writers, market and media analysts, specialists in various fields, and researchers who use their skills and talents to help clients achieve success in their businesses. They are constantly in contact with suppliers outside the agency, who take photographs, retouch them, illustrate advertisements, typeface, shoot advertising videos, record sound, that is, perform all the types of work that are necessary to create high-quality products. They are always aware of the latest technical improvements, current production issues and price fluctuations.

Who does he collaborate with?

An advertising agency works with a variety of sellers to improve the efficiency of buyers' searches and the services and products they provide. They work directly for the client, and not for the supplier of goods or the media. The responsibility of an advertising agency from an ethical, moral, financial and sometimes even legal point of view is to provide clients with the highest quality work, to promote their prosperity, material well-being, and growth in popularity. An advertiser is not just a client who pays bills, but also an employer. The agency, in turn, satisfies his requests, is hired only to make a profit for the enterprise, and this type of service can always be refused. The cost of advertising services is quite significant.

Types of RA

• global - speaking at the international level, in different regions and countries;
• national - advertising producers within a particular country;
• regional - operating within a specific city or region. They can conclude an agreement for the provision of advertising and information services.

The principle of infrastructural correspondence operates between advertisers and advertising agencies of different types, which is that advertising services are delivered within the same type (for example, global agencies fulfill orders from global advertisers, etc.).

• full-service, that is, providing all services;
• specialized, providing certain types of services;
• An intermediate position between the previous types is occupied by multidisciplinary agencies that provide certain services in a complex.

Media agencies

A special position in the advertising market belongs to media agencies that rent networks of advertising media, plan and place advertising in all types of media. Also standing apart are in-house (“house”) agencies, which operate under the terms of an exclusive agreement with a company or are part of it (as a rule, advertising budgets here are large). A typical contract for the provision of advertising services will be presented below:

• By purpose and function: political, social, commercial advertising markets, etc.
• By industry: markets for television and radio advertising, outdoor, in the press and on the Internet.
• According to the development trend: high- and low-dynamic, as well as with a decreasing period.
• According to prospects: unpromising, unpromising, promising and highly promising.
• On competition: markets of pure monopoly and oligopolistic, monopolistic competition, perfect competition.
• According to the level of monopolization: non-monopolized, monopolized and absolutely monopolized markets.

1. volume of services provided (universal or specialized);
2. direction of business specialization (industrial or consumer sector).

Both groups contain several subgroups. Universal agencies are staffed in such a way that they are able to provide their clients with services in all areas of advertising and information activities. Fundamentally, they are divided into two types - advertising and non-advertising. The first includes the preparation, development and direct production of the advertising product, as well as the selection of media and the necessary research.

for the provision of services for advertising on the Internet in a person acting on the basis, hereinafter referred to as " Customer", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Executor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

DEFINITIONS

Online advertising is information about the Customer (name, location, opening hours, contact numbers), his goods (works, services), ideas and undertakings, which is intended for an indefinite number of people, designed to create or maintain interest in the Customer, goods, ideas and endeavors and is distributed electronically via the Internet.

Banner with a special effect - a banner with animation, sound effect, pop-up text. Web pages - Internet pages containing information about the advertised product, work, service.

Popular words (fragments) – the most frequently used words (fragments) by Internet users. Identified based on the results of processing daily (weekly, monthly) user requests.

Spam is a telematic electronic message intended for an indefinite number of people, delivered to the subscriber and (or) user without their prior consent and does not allow identifying the sender of this message, including due to the indication of a non-existent or falsified sender's address.

Other definitions of this agreement are used in the sense established by the Federal Law “On Advertising” and the current legislation of the Russian Federation.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor, on the instructions of the Customer, undertakes to provide him with services for placing online advertising.

1.3. Technical characteristics of online advertising ad layouts submitted by the Contractor for placement:

1.3.1. Banner, including with special effects

• Dimensions: , , ;
• Placement on web page: ;
• Term of use: ;

1.3.2. Text block

• Dimensions: , , ;
• Type of storage medium: text (against the background: images, with audio dubbing, etc.);
• Type: fixed (pop-up, dynamic, etc.)
• Placement on web page: ;
• Term of use: ;

1.3.3. Insert

• Dimensions: , , ;
• Type of storage medium: text (image, video, audio fragment, etc.);
• Type: fixed (pop-up, dynamic, etc.)
• Placement on web page: ;
• Term of use: ;

1.4. Time of placement (periods, certain days and hours, etc.) of online advertising: .

1.6. Target group: .

1.7. The Contractor independently prepares layouts of online advertising advertisements and daily (weekly, monthly) transfers to the Customer at least a layout for placement. After the acceptance certificate is issued, the layout is posted on the Internet.

1.9. Upon expiration of the term of use, online advertising is removed from placement and destroyed at the Customer’s expense.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Responsibilities of the Customer:

• provide the Contractor with information for preparing online advertising ad layouts, including: ;
• pay for the Contractor's services in the manner provided for in this Agreement.

2.2. The Customer has the right to refuse to fulfill this Agreement, subject to payment to the Contractor for the expenses actually incurred by him.

2.3. Responsibilities of the Contractor:

• provide the services specified in clause 1.1 of this Agreement in good faith;
• daily (weekly, monthly) transmit to the Customer for placement of at least the layout(s) of online advertising;
• provide the Customer with monthly reports on services provided.

2.4. The Contractor has the right to refuse to fulfill this Agreement, subject to full compensation to the Customer for the losses caused to him.

3. PAYMENT PROCEDURE

3.1. The Customer pays monthly for the Contractor's services in the amount of , as well as VAT%, which is rubles.

3.2. The Customer pays for the Contractor's services by payment order by transferring funds to the Contractor's bank account.

3.3. The Customer transfers the first payment to the Contractor within days from the date of delivery of the first online advertising ad layout. In the future, the Customer pays for the Contractor’s services in the amount specified in clause 3.1 of this Agreement on a monthly basis no later than the date of the current month.

4. SERVICE TERM

4.1. The Contractor begins to provide services under this Agreement on the next day after the conclusion of this Agreement.

4.2. In the event of a delay in the next payment, the Contractor has the right to suspend the fulfillment of its obligations under this Agreement until the Customer pays for the Contractor’s services.

4.3. At the end of each month in which services were provided, the Parties sign a bilateral act, which confirms their provision.

5. DURATION OF THE AGREEMENT

5.1. This Agreement comes into force from the moment it is signed and is valid until the Parties enter into an agreement to terminate this Agreement.

6. RESPONSIBILITY OF THE PARTIES

6.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

6.2. The Parties are released from liability in the event that the impossibility of performance arose due to circumstances for which neither of the Parties is responsible (force majeure). A Party that cannot fulfill its obligation must notify the other Party of the obstacle and its impact on the fulfillment of obligations under the Agreement within the period from the moment these circumstances arise. The further fate of this Agreement in such cases must be determined by agreement of the Parties. If agreement is not reached, the Parties have the right to go to court to resolve this issue.

6.3. For late payment for the Contractor's services, the Customer shall pay a penalty in the amount of % of the amount specified in clause 3.1 of the Agreement for each day of delay.

6.4. In the event that a layout prepared by the Contractor is posted on the Internet without issuing a transfer and acceptance certificate on the part of the Customer or by the Customer outside the scope of this Agreement, the Customer shall pay the Contractor a fine in the amount of rubles for .

7. DISPUTE RESOLUTION PROCEDURE

7.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between the Parties.

7.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in the Arbitration Court of the city on the territory of the Russian Federation in the manner established by the legislation of the Russian Federation.

7.3. On issues not regulated by the Treaty, laws and other legal acts of the Russian Federation are subject to application, including relevant legal acts adopted by the constituent entities of the Russian Federation and local governments.

8. OTHER CONDITIONS

8.1. Any changes and additions to this Agreement are valid only if they are in writing and signed by both Parties.

8.2. This Agreement is drawn up in 2 copies, one for each of the Parties.

9. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Customer

Executor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

10. SIGNATURES OF THE PARTIES

Customer_________________

Performer _________________

Update date: 2019-01-22

How can I agree on what will constitute the moment of a non-cash payment?

Good afternoon. Please tell me what is the basis for exemption from VAT? It seems like an individual entrepreneur can provide services without VAT, right?

Good afternoon Do you have in your database agreements for the provision of a range of services for a fee between a legal entity and an individual? There was a need to do work for a legal entity, I act as an individual. As part of the contract, it is necessary to carry out a number of activities for video production, filming and editing. will be given in several stages, with amounts exceeding 10,000 rubles. services will be provided as additional services. agreements, on each form separately

Good afternoon, how can I agree on the details for payment by bank transfer if I am an individual performer? person and customer individual face?

Good afternoon. Please tell me what form of agreement would be suitable if I, as an individual, provide a service in promoting Instagram for a legal entity?

Good afternoon

Select “non-cash” in the “Settlement method: Non-cash; Cash.” In the “Settlement procedure” section of the agreement, the last paragraph will indicate that the obligations of the “Customer” regarding payment under the “Agreement” are considered fulfilled from the day the funds are written off by the bank "Customer" from the "Customer" account.

Individual entrepreneurs have the right to be exempt from VAT if, over the three previous consecutive calendar months, the amount of revenue from the sale of services (goods, etc.) of these individual entrepreneurs (excluding tax) did not exceed a total of two million rubles. Persons exercising the right to exemption must submit the appropriate written notification and relevant documents confirming the right to such exemption to the tax authority at their place of registration. We advise you to study Chapter 21 of the Tax Code of the Russian Federation. In the input field “Grounds for exemption from VAT” you must enter a link to the article of Chapter 21 of the Tax Code of the Russian Federation.

By virtue of para. 1 clause 1 art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. Due to the fact that the result of your work will be the creation of a complex object of intellectual activity, we recommend that you regulate your relationship with the Customer by drawing up an Author's Order Agreement for content, contained at the following link: https ://www..To formalize the stages of work, we recommend that you reflect the stages in the Creative Assignment (Content Order Agreement), which is an annex to the Agreement; it is also possible for you to draw up an Additional Agreement to the Agreement, which is contained at the following link: https:/ /www.site/dogovor/prilojeniya/soglashenie/dopolnitelnoe_soglashenie_k_dogovoru/You need to answer the questions in the questionnaire and fill out all the input fields. The text of the agreement will be generated automatically.

See answer above.

Hello! According to paragraph 3 of Art. 861 of the Civil Code of the Russian Federation, non-cash payments are made through banks and other credit organizations in which the corresponding accounts are opened. A current account is opened for an individual to carry out transactions not related to entrepreneurial activity or private practice, and a current account is opened to an individual only if he is engaged in private practice or is an individual entrepreneur (Instruction of the Bank of Russia dated May 30, 2014 N 153-I " On opening and closing bank accounts, deposit accounts (deposits), deposit accounts." The bank account details of each party must be entered in the “Addresses, details and signatures of the parties” section of the agreement (in the corresponding input fields). Full details of your current bank account can be found in the territorial branch of the servicing bank or online bank. Please also request the customer's account details. Thank you for using our service!

Hello! We recommend the general form of a contract for the provision of paid services, located at the link: http://www.. Describe the list of your actions as a performer in the List of Services, which is attached to the contract. Thank you for your interest in our service!

It puts information into a form that is suitable for distribution in the form of advertising.

Preparation of contract

Depending on the specifics of a particular agreement, when drawing it up, the parties may add various parts, but the general plan assumes availability of the following items:

Item

As mentioned earlier, it is the subject that all the rights and obligations of the parties entering into an agreement are directed to.

"Big Economic Dictionary" speaks of the subject of the contract as an action or a complex of actions that determines the nature or type of the terms of the transaction.

The subject itself should be briefly identified in the title of the document.

This could be selling, renting, buying, and so on.

In our case - This is an agreement for the provision of advertising and information services.

In some cases, it is advisable to write the subject using Civil Code.

It is enough to find the chapter dedicated to a specific agreement and select the necessary information from there.

Reasons for termination

A contract can be terminated for various reasons, they depend on the specifics and scope of the contract.

Here are the main reasons:

1. Mutual agreement of the parties. If both parties no longer wish to cooperate, they may terminate their obligations after signing the agreement.
2. The court's decision. In this case, termination is possible at the request of only one of the parties, but this requires a compelling reason - as a rule, this is a gross violation by the other party. To terminate on this occasion, evidence of the violation and the damage suffered as a result of this by the party who applied to the court will be required.

Please note that the customer has the right to refuse to fulfill the contract only if he pays the contractor all expenses incurred, but in case of refusal, the contractor is also obliged to compensate the customer for all losses.

We told you more about the procedure for terminating a contract for the provision of services, and you will learn how to correctly draw up a notice of termination of cooperation.

However, there are some nuances here that are determined features of the advertising business.

In any transaction, all options for the development of events should be taken into account in order to avoid the emergence of negativity between the parties.

That's why, if you correctly define the rights and responsibilities the contractor and the customer, you don’t have to worry about possible termination and just do your job.

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