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Do I need another contract for additional services?
Good afternoon!
I couldn't come up with a better title, now I'll explain the situation. I'm a proger, I recently opened an IP. In this case, a perfect zero, I don’t know how to draw up contracts, I don’t know which ones, and so on. And with one old client, we decided to switch to a formal contract. Well, like us, he decided it)) My task is just to maintain his site, fix it if it breaks, sometimes add something (articles, videos, menu items, etc.). Essentially everything. He said that I need to draw up a model contract, sign it, and send it to him. Is this one suitable for everyone? https://habrahabr.ru/post/73078/
And the most important question number 2. Now he tells me that he needs to make one more separate service. Accordingly, this is no longer included in the site maintenance agreement. The amount there is not small, and how to issue it for accounting? Another contract to conclude? Or some kind of edit to the current one (for service) can be made? The contract for the maintenance of the site should not go anywhere, because. I am doing this work and will continue to do it, but plus I need to take care of a new site. Here's how to properly arrange it?
Thank you very much!
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How much this agreement is suitable for everyone, everyone can decide for himself ... at school they probably learned to read everything. Check out the Executor's Responsibilities section for a list of work to be performed. If in your case the list of specified works on technical support and maintenance of the site is exhaustive, then probably (for support) it may suit you, otherwise you can expand it, as well as change other conditions ... in general, the contract is not bad, but not universal.
The subject of the contract is technical support and maintenance, which is understood by this, see section 3.
According to clause 6.5, the Contractor is not entitled to impose on the Customer the inclusion of additional work or services in the contract. The customer has the right to refuse payment for work or services not provided for by the contract.
Development of a separate service in the subject, incl. the obligations of the contractor under the contract are not included, respectively, if you perform work under this contract, the customer has the right not to pay for such work ... therefore, you need a separate contract. The template of this contract is not suitable for development, it is easier and more correct to create a new contract.
In addition, the new service (website, web application, etc.) is subject to copyright, respectively, in the new contract, among other things, it is necessary to indicate the conditions regarding the transfer of intellectual property rights (exclusive / non-exclusive) ...
I don’t know what taxation system you have (probably definitely not traditional, most likely 6% - income), but the amount of the contract will not have a significant impact on your accounting ... you get paid to the account (I suppose you have a current account with an individual entrepreneur ...) . If there are employees, it will be a little more difficult ... use some kind of online service (my business, circuit, etc.) or buy a 1C box, now everything is quite automated, the systems themselves will notify you of the need to submit reports (in your case, only a declaration once a year) and payment of tax payments, incl. to generate all the documents, you just need to press the "next" button... in your case, by turning on the logic, the accountant will not be needed.
To develop a contract, if you do it yourself, you can also use online services (1-2 tr. per document) ... the average cost of a lawyer's services for developing a contract is from 5 tr.
You need to clearly understand why you need a contract:
1. To sign and the Customer left me behind and let me work. This option is suitable if the Customer pays in advance - you do not have property that he can recover through the court if something goes wrong.
2. To legally formalize your legal relationship and, in the event of a dispute, not to get into an idiotic situation. This option is suitable if you just want to do your job, and the contract simply protected you from the misconduct of the Customer.
In the first case, you can take any contract from the network, read it, clean up and sign the most obvious "jambs" for you, and then it's like fartanet.
In the second case, you can take any contract from the network, read it, clean up the most obvious "jambs" for you, go to a lawyer, he advises you on the full program, you become 5 thousand poorer, but sign the contract and work calmly.
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