Drawing up contractual relations with specialists.

Drafting a contract / drafting a contract - following these recommendations will help ensure legal certainty and protection of your business interests when concluding NDA and NCA.

3. Agreement on provision of services with FOP.

• A contract for the provision of services with an individual entrepreneur (PEO) is a common tool for regulating the relationship between the customer and the contractor. Such an agreement defines the obligations of the parties, terms of service provision, payment procedure and other important aspects of cooperation. Below are the main provisions and structure of such an agreement.

A sample contract for the provision of services with a FOP:

• CONTRACT No. ___ on the provision of services 
  
  m. [City] "___" __________ 20__
    
  A natural person-entrepreneur [NAME], operating on the basis of the State Registration Certificate No. _____ of ______ year, on the one hand, (hereinafter - the "Executor"), and
  [Company name], in the person of [Position, full name], acting on the basis of [Document], on the other hand, (hereinafter referred to as the "Customer"), together referred to as the "Parties", concluded this agreement on the following:
  1. Subject of the contract
  1.1. The Contractor undertakes to provide services [description of services], and the Customer undertakes to accept and pay for these services under the terms of this contract.
  2. Rights and obligations of the parties
  2.1. The performer undertakes:
  2.1.1. Provide quality services and on time.
  2.1.2. Do not disclose confidential information. ...
  2.2. The customer undertakes:
  2.2.1. Pay for services rendered on time.
  2.2. Provide the necessary information for the performance of services. ...
  3. Remuneration and payment procedure
  3.1. The cost of services under this contract is UAH _____.
  3.2. Payment is made by [payment method] within ___ days from the moment of signing the act of completed works.
  4. Procedure for submission and acceptance of works
  4.1. After performing the services, the Contractor hands the Customer a certificate of completed works.
  4.2.The customer undertakes to consider the act within ___ days and, in the absence of comments, to sign it.
  5. Liability of the parties
  5.1. The parties are responsible for non-fulfillment or improper fulfillment of obligations under this contract in accordance with the current legislation of Ukraine.
  6. Confidentiality
  6.1. The Contractor undertakes not to disclose confidential information received from the Customer. ...
  7. Force majeure circumstances
  7.1. The parties are released from responsibility for non-fulfillment of obligations in the event of force majeure.
  8. Termination of the contract
  8.1. The contract can be terminated by mutual consent of the parties or unilaterally, provided that the other party is given ___ days notice. ...
  9. Other conditions
  9.1. All changes and additions to this agreement are valid only if they are made in writing and signed by both parties.
  10. Details and signatures of the parties
  Performer:
  Individual entrepreneur [name]
  Address: _____________________
  Identification code: _________
  Bank details: _________
  _____________________ (Signature)
  Customer:
  [The company name]
  Address: _____________________
  EDRPOU code: _______________
  Bank details: _________
  _____________________ (Signature)
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4. Copyright fee.

• Author's remuneration is a form of material compensation that the author receives for the use of his works. Such remuneration is paid in accordance with the copyright agreement, which regulates the rights and obligations of the parties in relations related to copyright. Below are the main aspects that should be taken into account when drawing up a royalty agreement.

Basic provisions of the copyright agreement.

1. 1. Subject of the contract: a clear definition of the work for the use of which the royalties are paid.
   2. Author's remuneration: The size of the remuneration and the procedure for determining it.
   3. Rights and obligations of the parties: Rights of the customer regarding the use of the work.
   4. Term of validity of the contract: The period during which the customer's rights to use the work are valid.
   5. Transfer of rights: Terms of transfer of property rights to the work.
   6. Liability of the parties: Determination of liability for breach of contract terms.
   7. Dispute resolution: Terms and mechanisms for possible dispute resolution.
   8. Confidentiality: Provisions on the protection of confidential information that may become known during the execution of the contract.
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5. Employment contract.

• An employment contract is an agreement between an employer and an employee, according to which the employee undertakes to perform the work specified in this agreement, and the employer undertakes to pay wages and provide working conditions necessary for the performance of the work. Below are the main provisions and structure of the employment contract.
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Basic provisions of the employment contract.

1. 1. Subject of the contract: a description of the work that the employee undertakes to perform.
   2. Term of validity of the contract: determination of the term of the contract.
   3. Salary: amount of salary and procedure for its payment.
   4. Mode of work and rest: work schedule, duration of the working day and week.
   5. The rights and obligations of the parties: the rights and obligations of the employer, in particular regarding the provision of working conditions, payment of wages, etc.
   6. Social insurance: conditions of employee insurance.
   7. Liability of the parties: determination of liability for breach of contract terms.
   8. Procedure for resolving disputes: conditions and mechanisms for resolving possible disputes.
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Practical advice - employment contract lawyer.

1. Consultation with a lawyer: To draw up an employment contract, it is recommended to contact a lawyer to take into account all legal aspects and ensure the protection of your interests.
   Clarity of wording: The terms of the contract must be clearly defined to avoid misunderstandings and disputes.
   Documentation of all changes: All changes to the terms of the contract must be in writing and signed by both parties.
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