Certificate of termination of contract sample

You decided to cancel the service early, informed the contractor about this and even received his consent. However, a verbal agreement is not enough. It is necessary to prepare an agreement on termination of the service contract and submit it to the counterparty for signature. Only from the moment of its conclusion will the obligations of the parties cease.

In the article I will tell you about all the nuances of terminating a contract for the provision of services by mutual consent, how to correctly draw up a termination agreement, what needs to be included in the document and when the contract will be considered terminated.

What forms and sample agreements can help when drawing up a document?

I have prepared for you up-to-date forms and samples of agreements on termination of the contract for the provision of services, which will help you independently draw up a legally correct document and comply with all existing recommendations for its execution:

Form of agreement to terminate the contract for the provision of services (DOC 17 KB).
Form of agreement to terminate the contract for the provision of services for legal entities (DOC 21 KB).
Form of agreement to terminate the contract for the provision of consulting services (DOC 20 KB).
Sample agreement on termination of a contract for the provision of real estate services (DOC 13 KB).
Sample agreement on termination of the contract for the provision of additional paid educational services (DOC 14 KB).
Sample agreement on termination of the contract for the provision of services for registration or renewal of domain name registration (DOC 16 KB).
Sample agreement to terminate a contract for the provision of legal services (DOC 16 KB).
Sample additional agreement to a service contract - termination at the initiative of the contractor (DOC 20 KB).
Sample additional agreement to the service contract - termination at the initiative of the customer (DOC 20 KB).
Sample additional agreement to the service contract - termination without claims (DOC 19 KB).

Termination of the service agreement

The agreement to terminate the contract for the provision of services changes the parameters of the main contract in terms of the conditions for termination by the parties to the contract.
If there is mutual agreement on the need for termination, without the obvious fault of one of the parties, the parties can determine the procedure for terminating the contract without providing for any penalties. The more detailed the reasons for terminating the contract for the provision of services are described, the higher the likelihood of terminating the contract with the contractor faster and with fewer losses for the customer. Particular attention should be paid to the timing of the provision of services, since failure to meet deadlines is, unfortunately, a fundamental problem in our country.

What is a termination agreement and when is it drawn up?

If the parties have found a compromise, they sign an agreement to terminate the contract.
Termination of the service agreement (SAA) is possible by agreement of the parties, if the parties to the transaction find a compromise and agree on all essential conditions for terminating cooperation - clause 1 of Art. 450 Civil Code of the Russian Federation. The initiator of termination can be either the customer of the services or the contractor - Art. 782 Civil Code of the Russian Federation, art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

Important! The agreement of the parties to terminate the contract by its legal nature is itself a contract, because complies with the provisions of Art. 420 of the Civil Code of the Russian Federation “The Concept of Contract” and is based on the principle of freedom of contract - Art. 421 Civil Code of the Russian Federation.

What are the features of termination of a contract by agreement of the parties?

An agreement to terminate a contract for the provision of services is a manifestation of the free will of the parties to terminate the contractual relationship (providing services for a fee, performing certain actions or carrying out certain activities), while the initiative comes from one of them.

Termination of the DOU by agreement of the parties is the fastest, least conflicting, economical and effective option for exiting the transaction. By concluding an agreement to terminate the contract, the parties will not have to:

Go to court and incur material and time costs.
Fulfill the requirements mandatory for unilateral refusal - Art. 782 of the Civil Code of the Russian Federation, i.e. pay the contractor’s expenses incurred to complete the task, or compensate the customer for losses associated with the termination of the transaction.

Important! The parties have the right to terminate the contract by mutual consent, regardless of whether this is provided for in the document itself or not. The right of the parties to unilaterally refuse does not deprive you of the opportunity to enter into an agreement to terminate the contract for the provision of services and exit the transaction on more favorable terms.

When to enter into a termination agreement

Termination by agreement of the parties is relevant only for contracts with a set period of validity and for those that do not terminate with the fulfillment of obligations under them. The parties have the right to terminate the contract for the provision of services by mutual consent at any stage of its execution, but before its expiration.

Important! A contract that has been executed or previously terminated for other reasons cannot be terminated.

When the parties have reached a compromise and are ready to terminate the existing business relationship, an additional agreement to the service agreement is drawn up and then signed by each of the counterparties. The reasons that became the basis for such a decision could be any. Most often, the counterparty is approached with a proposal to terminate the contract out of court due to:

Loss of interest in continuing cooperation.
Failure to fulfill obligations under the contract by one of the parties.
Fulfillment of obligations before the expiration of the contract.
A significant change in circumstances, upon the occurrence of which there is no point in continuing cooperation.
Changes in political, economic or social factors, etc.

Is it possible to sign an agreement to terminate the contract in part?

Despite the fact that the concept of “partial termination of a transaction” does not exist in civil legislation, the Civil Code of the Russian Federation allows the parties to conclude any agreements - clause 2 of Art. 421 Civil Code of the Russian Federation. The possibility of partial withdrawal from the contract regarding unfulfilled obligations by agreement of the parties is provided for in Art. 450 Civil Code of the Russian Federation.

Having reached an agreement, the parties have the right to partially terminate the contract and in the event of a significant change in circumstances - Art. 451 Civil Code of the Russian Federation. This is a separate basis for changing the current agreement.

Important! The essence of partial termination of a transaction is to change its terms by drawing up an additional agreement, which amends the existing contract in terms of terminating certain obligations of one party or another.

That. if the parties agree to the changes, a separate agreement is drawn up and signed on the termination of the contract for the provision of paid services in part (on amendments to the contract). This statement is relevant only for those preschool educational institutions in which the nature of the services provided makes it possible to divide their volume.

I have prepared for you a sample agreement on partial termination of a service agreement (DOC 17 KB).

On a note. The agreement to terminate the preschool educational institution in part is drawn up according to the general rules of contractual work, and the procedure for partial termination of the transaction is identical to the procedure for complete termination. The document must list exactly which obligations the parties will no longer fulfill and what mutual provision they will receive.

Is it possible to terminate a multilateral treaty by agreement?

If all parties to a multilateral agreement carry out entrepreneurial activities, then the possibility of its termination may be provided for in the text of the DOU itself for - clause 1 of Art. 450 Civil Code of the Russian Federation:

All participants.
A majority of persons participating in the agreement, subject to the inclusion of the procedure for determining such a majority in the terms of the agreement.

How to draw up a notice of termination of a service agreement?

But there are situations in which the contract must be terminated before it is completed. The concept of notice of termination of an agreement Today, current legislation provides for several ways to terminate an agreement between business entities:

if there is a court decision by which the agreement is declared invalid;
upon liquidation or bankruptcy of a legal entity;
in case of voluntary refusal to fulfill the obligations assumed.

In the latter case, the actual termination of business relations occurs voluntarily, on the basis of a special notice.

How this is done using a notification will be described below.

The written form of notification is not established by legislative acts, however, legal practice has developed certain requirements for such documents, adhering to which it will be recognized as legal.

Agreement on termination of the contract (annex to the contract for the provision of consulting services between legal entities (subscription services))

Similar forms Notice of unilateral refusal to fulfill the contract (attachment to the contract for the provision of consulting services between legal entities (subscription services)) Certificate of provision of services (attachment to the contract for the provision of consulting services between legal entities (subscription services)) Assignment for the provision of services (attachment to agreement for the provision of consulting services between legal entities (subscription services)) Claim for the quality/volume/result of services (appendix to the agreement for the provision of consulting services between legal entities (subscription services)) Requirement to eliminate deficiencies (proportionate

What is the procedure for terminating the contract by agreement of the parties?

You can terminate the contract for the provision of paid services under the agreement at any time.
The contract for the provision of paid services may reflect the procedure for its termination, the grounds and the moment of termination of obligations. If such conditions are specified, then they must be observed.

If the procedure is not specified in the contract, adhere to the following algorithm:

Invite the counterparty to terminate the contract by agreement of the parties and conduct negotiations, during which all conditions for completing the transaction will be agreed upon.
If for some reason negotiations are impossible, send to the counterparty a written proposal to terminate the contract (covering letter), attaching to it your version of the agreement, signed on your part.
If the counterparty agrees with the terms specified in the agreement, he signs the document and the agreement is considered terminated by mutual consent.
If consent has been received from the counterparty, but he has objections to the content, the terms of termination should be agreed upon, mutual settlements must be reconciled, amendments must be made to the previously drawn up agreement, signed on your part and the document presented to the counterparty for signature.

If you have not received a response or the counterparty has refused to terminate cooperation by agreement of the parties, you have the unconditional right to terminate the contract unilaterally without going to court. To do this, it is enough to send the other party to the transaction a notice of unilateral refusal to fulfill the contract.

Important! The agreement is not a notice of termination of the contract. Applying to the court with an application for termination is possible only if you comply with the pre-trial procedure for resolving the dispute, i.e. after receiving a refusal to terminate a proposal or if it is left without a response (within the period specified in the notice or after 30 days from the date of sending).

Example of a termination agreement

Termination Agreement

on paid services

Murmansk March 16, 2020

We, the undersigned,

Pshenitsyn Igor Sergeevich, born on March 17, 1962, passport of a citizen of the Russian Federation series 01 19 No. 5942859, issued by the Department of Internal Affairs in the Pervomaisky district of Novosibirsk on April 20, 2001, registration address: Murmansk region, Murmansk, Morskoy Ave., 15- 23, hereinafter referred to as the “Customer”, on the one hand, and

individual entrepreneur Ignatieva Vera Vasilievna, OGRNIP 68761696165846, registration address: Murmansk region, Murmansk, st. P. Sukhova, 18-7, hereinafter referred to as “Executor”,

and together referred to as the “Parties”, guided by Art. 450 of the Civil Code of the Russian Federation have entered into this agreement as follows:

Terminate the contract for paid consulting services No. 4/2018 dated January 10, 2020 ahead of schedule, from the moment of signing this Agreement.
At the time of concluding this agreement, the cost of fulfilled obligations under the contract for the provision of paid consulting services is 45,000 (forty-five thousand) rubles, payment for which was made by the Customer in full.
The Contractor has no claims regarding the timing and amount of payment for services provided under the agreement specified in clause 1 of this Agreement.
The Customer has no claims to the quality and quantity of services provided by the Contractor under the agreement specified in clause 1 of this Agreement.
Mutual obligations of the Parties under the above agreement are considered terminated from the moment of signing this Agreement.
This Agreement is drawn up in 2 (two) copies of equal legal force, one for each of the parties.
Details and signatures:

Pshenitsyn I.S. IP Ignatieva V.V.

How to draw up an agreement on early termination of a service contract

There is no single standard form of agreement on early termination of a contract for the provision of services.
An agreement on termination of a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or customs - Art. 452 of the Civil Code of the Russian Federation. That. The legislator regulates only the form of the agreement, and its content is determined by the parties by mutual agreement.

The following rules apply to the form of the agreement: clause 1 of Art. 434 Civil Code of the Russian Federation:

If the agreements are oral, then it is enough for the parties to agree on the termination of the agreement - compliance with the written form in this case is not required.
If the DOU was concluded in the form of a single document signed by each party to the transaction, the agreement on its termination must be in writing.
If the agreement was concluded by exchanging documents via postal, fax, electronic or other communication, the agreement is drawn up in writing.
If the parties agreed to conclude an agreement in a certain form (with notarization, on a certain form, sealed, etc.), the agreement must be concluded in the same form.

The termination agreement is an addition to the service agreement. This document is drawn up according to the general rules of contractual work and taking into account the principle of freedom of contract - clause 1 of Art. 421 Civil Code of the Russian Federation:

Its conclusion can be initiated by the responsible person of the organization (manager, general director).
The text must be consistent, logical, structured.
The right to sign belongs to the general director or another employee/representative whose powers are secured by a power of attorney from the responsible person.
If the agreement is signed by a representative of the counterparty under a power of attorney, then a certified copy of it must be attached to the document.
Placing the organization's seal on the document is optional.

What to include in a written agreement

There is no standard template for an agreement to terminate a contract for the provision of services for a fee. To ensure that the document is legally correct, you can use the forms and sample agreements given at the beginning of the article.

The document is drawn up on a sheet of any format - usually A4 or A5. The text can be typed on a computer or written. You should prepare 2 identical copies, and if the contract is multilateral, 1 copy for each party.

The agreement must indicate:

The name of the document and details of the contract to be terminated (its number and date of conclusion) - “Agreement on termination of the contract for the provision of services No.__ dated ____.” or “Additional Agreement to Agreement No.__ dated ____.”
Place (city) and date of conclusion of the termination agreement.
Information about who enters into the agreement - full name. parties (for individuals or individual entrepreneurs) or the name of legal entities and information about representatives acting on their behalf, as well as on what basis they act.
The obligations under the contract actually fulfilled by each party. If the DOU is terminated due to violations committed by the counterparty, indicate the reason for termination and describe the violation.
Condition for voluntary termination of the contract. The wording should not allow for ambiguous interpretation, i.e. the parties must refuse further cooperation rather than express an intention to do so in the future.
The conditions under which counterparties complete the transaction - the parties’ obligations to return property/advance payments/documents, deadlines for return, debt settlement, etc.
If there are no mutual claims, financial or otherwise, mention this in the agreement.
The moment of termination can be any date until which the terms of the service agreement will be in effect. If the moment is not specified, the agreement will terminate from the date of signing the agreement.
The number of copies of the termination agreement having equal legal force.
Addresses and details of the parties.
Signatures of authorized persons from each party - ensure that these authorities are current. If a representative acts on behalf of the counterparty under a power of attorney, then the power of attorney must not expire, and the representative must be given the right to enter into and terminate transactions.

What to include in the agreement if services are paid for but not provided

If at the time of termination of the contract, by mutual agreement, the customer paid for the services, but they were not provided or were not provided in full, the parties should agree on the period and procedure for the return of the advance payment by the contractor. Depending on the stage of fulfillment of obligations, the agreement may indicate the following:

The Contractor returns the entire prepayment amount.
The contractor returns to the customer the difference between the amount of the advance and the actual expenses incurred under the contract.
Part of the cost of services is withheld from the advance amount, which is calculated in proportion to the total cost of the contract.
The contractor compensates for the unworked portion by completing certain actions within a specified period.

What conditions should be included in the agreement if the services were provided?

If at the time of termination of the contract the services were provided, but the customer did not pay for them, then the parties should agree on the terms and procedure for payment. Also, counterparties may provide in the agreement a condition for payment of compensation to the contractor in case of delay.

How to send an agreement to terminate a contract for the provision of services to a counterparty

Before sending a prepared termination agreement to your counterparty, prepare a cover letter. Indicate in it:

Position, name of organization and full name. recipient.
The date the letter was written and the originating document number.
Addressing the recipient of the letter.
A proposal to terminate the contract (its name, number and date of conclusion) on the terms set out in the attached agreement.
Please sign the received copies of the agreement, seal them and return one.
Deadline for response to proposal.
Signature of the sender indicating his position and full name.

Sample cover letter (DOC 17 KB).

To what address should documents be sent?

Documents are sent in the manner and to the address specified in the service agreement. If these conditions are not specified, then the covering letter and copies of the agreement signed on your part are sent according to the general rules for the delivery of legally significant messages - paragraphs. 63-65 PP RF Armed Forces No. 25:

Citizens - at the registration address at the place of residence or stay, at the address of the citizen or his representative indicated in the preschool educational institution - clause 1 of Art. 165.1 Civil Code of the Russian Federation.
Individual entrepreneurs and legal entities - at the address specified in the Unified State Register of Entrepreneurs/Unified State Register of Legal Entities or at the address indicated by the individual entrepreneur or legal entity in the preschool educational institution - clause 2 of Art. 165.1 Civil Code of the Russian Federation.

How to serve documents to a counterparty

Cover letter and agreement you can:

Hand over personally to the counterparty or his authorized person.
Deliver by courier against receipt of receipt.
Send by mail with a valuable letter with a list of the contents and a receipt.
Send via email, fax or other communication - the form of the message must correspond to the nature of the relationship between you.

How to correctly draw up a termination agreement - sample

Of course, a sample agreement to terminate a contract will be needed primarily by those citizens who wish to terminate the contract. It is a document containing the intentions of the parties to the transaction to terminate all relationships regarding a specific agreement. If you draw up an agreement yourself, we recommend that you adhere to the following rules:

Participants in contractual relations are often interested in the question of what needs to be done if further work with the counterparty has ceased to be productive and needs to be completed. In this situation, you need to know how to correctly draw up a termination agreement, which is a document that expresses the desire of the parties to the transaction to terminate further relations.

When the obligations of the parties under the contract terminate

You have the right to negotiate with your counterparty any date on which the agreement will terminate - this date must be fixed in the text of the agreement. If there is no such condition in the additional agreement on termination of the preschool educational institution, then the obligations of the parties are considered terminated from the moment of its conclusion - clause 3 of Art. 453 of the Civil Code of the Russian Federation.

Is it possible to recognize a contract as terminated if the counterparty has not signed the agreement?

Acceptance of execution of a transaction cures the defects of form. This general rule also applies to agreements to terminate service contracts.

If you offered the counterparty to terminate cooperation on certain conditions, but he did not sign the agreement and at the same time began to fulfill the conditions specified in it, the court may recognize that the transaction was terminated by mutual consent - clause 3 of Art. 438 Civil Code of the Russian Federation.

When applying to the court with a request to recognize the service agreement as terminated by agreement of the parties, indicate in the application by what actual actions the counterparty confirmed its consent to terminate the agreement: paid actual expenses or losses, stopped using/providing services, etc.

Is it possible to recognize an agreement to terminate a contract for the provision of services as not concluded?

An agreement to terminate a contract may be recognized by the court as not concluded/invalid in the following cases:

The form required by law for such an agreement has not been observed.
The agreement was signed by persons who did not have the rights to do so.
When concluding an agreement to terminate the contract, the parties did not reach an agreement on all its essential terms.
The service agreement was declared invalid for some reason.
The contract contains a clause prohibiting termination by agreement of the parties.

Termination of a contract by agreement of the parties - sample

Conditions that the parties consider necessary for documentary evidence in case of severance may also be included here.

To simplify the preparation of such an agreement, you can use one of the samples posted on the Internet, simply by entering there the details of the agreement and the parties, as well as the conditions under which the transaction is terminated. If, at the conclusion of the contract, property was transferred to one of the parties under an acceptance and transfer act, then in addition to the agreement, a return acceptance and transfer act is drawn up, which records the condition in which the property is returned.

These consequences are spelled out in Art. 453 of the Civil Code of the Russian Federation. With the termination of the contract, the obligations under it also cease.

In the example of a lease, this means that the tenant must move out of the premises, but he does not have to pay any more rent.

With the termination of the contract, the party does not have the right to demand what has already been performed by him. However, you may be required to apply the consequences of unjust enrichment.

Remember

Agreement on termination of a contract for the provision of services is a document indicating the mutual agreement of the parties to terminate cooperation and designed to regulate certain aspects of early termination of the transaction.
The legislator regulates only the form of the agreement - it is concluded in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or customs.
The content of the agreement is determined by the parties by mutual consent, i.e. they have the right to define the relationship as they see fit, based on the rules on freedom of contract. It is important to reach agreement on all terms of the service agreement.
Partial termination of the contract is possible by agreement of the participants. In this case, general rules governing the amendment and termination of the contract in full apply.
When signing an agreement, the parties can indicate the absence of mutual claims or stipulate in its terms the fact of the existence of debt under obligations and the deadline for its repayment.
The moment of termination of the contract can be determined in the agreement, and if there is no such condition, the obligations of the parties terminate from the moment of conclusion (date of signing) of the agreement.
If the counterparty refuses to terminate the contract by mutual agreement, you have the right to terminate it unilaterally or through the court.

Have you ever had to draw up an agreement to terminate a service contract? Were you able to find a compromise with the counterparty and terminate the contract by mutual agreement?

Certificate of termination of contract sample

1. Terminate the lease agreement for non-residential premises in an apartment building located at the address: ___________________ on the ____ floor of the building and including _________ rooms with a total area of _____ sq. m. m, N ____ dated “___”_________ ____ (hereinafter referred to as the “agreement”) from the moment of signing this agreement.

3. The technical condition of the non-residential premises of the relevant part of the common property, including the land plot, at the time of return is satisfactory, the composition and condition of the property belonging to the Lessor at the time of return is satisfactory and complies with the terms of the lease agreement.