Contracts of services
First Legal LLC provides legal services for more than 11 years. One of the areas of providing such services is contract work. Often, the client asks the Company to draw up a contract of services. An inherent feature of this type of contract is the consumption of the service by the customer (consumer) in the process of the services rendering. This feature distinguishes the contract of services from the contract of works, which pursues the goal – to obtain an achievable material result from the performance of works.
Given the statutory absence of essential terms of a common contract of services, business entities as parties must be guided by the general provisions of the Commercial and Civil Codes of Ukraine.
After receiving a request for the provision of the service of drafting a contract of services (or its legal analysis), the Company’s experts shall request the following information from the client:
- scope of the service;
- place of the service rendering;
- frequency and duration of the service rendering;
- desired procedure of delivering and accepting the services rendered;
- form of reporting on milestones of the services rendering;
- contract term;
- information necessary for the qualified provision of such a service.
It is extremely important to obtain this information in order to ensure the qualified provision of the service of drafting a contract of services, or legal analysis of the contract, a copy of which is provided to the Company.
In addition to the service of drawing up a contract of services or conducting its legal analysis, First Legal LLC also offers a potential customer a service of verification (“checking”) the counterparty. Such a service is an analysis of the legal history of the counterparty as a business entity using public state registers, as well as an analysis of its constituent documents and, if necessary, additional documents of the counterparty.
Verification of a counterparty allows identifying all potential negative risks that the Company’s client may face when dealing with such a counterparty. For example, the risk of invalidation of a contract of services, and/or the risk of non-performance of obligations under the contract, and/or the risk of being involved in criminal proceedings as a witness, etc.
Entry into a contract of services on the basis of a draft contract of services developed by experts of First Legal LLC or recommendations on amending the counterparty’s text of the contract as a result of its legal analysis, will help the client of First Legal LLC to obtain the most convenient business terms, and avoid possible negative risks in the future.