服务合同违约责任的法律规定是怎样的?What are the legal provisions on liability for breach of service contract?
违约是一种严重的失信行为,会给合同双方都带来严重的利益损害。当大家签订一份服务合同时,是否了解过服务合同违约责任的有关法律规定呢,又应该如何写一份完整的服务合同违约责任呢?
一、《合同法》中关于服务合同违约责任的规定
1、违反合同约定,影响工作进度和质量,不接受或者逾期接受受托人的工作成果,支付的报酬不得追回,未支付的报酬应当支付。
2、未按合同约定提供有关技术资料、技术数据、相关文件、工作条件、影响工作质量、进度,应承担如约支付报酬的违约责任。
3、未按合同约定按期接受受托方的工作成果逾期两个月,应承担支付受托人违约金或赔偿损失的责任。
4、未按合同约定的时间、方式、地点支付受托人报酬逾期达两个月,应承担归还工作成果、支付报酬、赔偿损失的责任。
5、未按合同约定接受工作成果逾期达六个月,应支付受托人违约金、赔偿金、保管费。
6、违反合同约定的保密义务应承担支付违约金或者赔偿损失的责任。
二、服务合同违约责任怎么写
1、违约责任承担方式
当事人一方不履行合同义务或者履行合同义务不符合约定的,应当承担继续履行、采取补救措施或者赔偿损失等违约责任。
2、违约责任条款约定
违约责任可由合同各方在合同里面作详细约定,对于延迟交付货物或者交付货款的可以约定延迟履行违约金。还可以约定一条总的违约条款:“任何一方违反本协议导致本协议无法继续履行的,违约方需赔偿守约方违约金人民币 元,该违约金不足以弥补守约方实际损失的,违约方应赔偿守约方所有实际损失。
3、损害赔偿的范围
当事人一方不履行合同义务或者履行合同义务不符合约定,给对方造成损失的,损失赔偿额应当相当于因违约所造成的损失,包括合同履行后可以获得的利益,但不得超过违反合同一方订立合同时预见到或者应当预见到的因违反合同可能造成的损失。 经营者对消费者提供商品或者服务有欺诈行为的,依照《中华人民共和国消费者权益保护法》的规定承担损害赔偿责任。
4、违约金
当事人可以约定一方违约时应当根据违约情况向对方支付一定数额的违约金,也可以约定因违约产生的损失赔偿额的计算方法。 约定的违约金低于造成的损失的,当事人可以请求人民法院或者仲裁机构予以增加;约定的违约金过分高于造成的损失的,当事人可以请求人民法院或者仲裁机构予以适当减少。 当事人就迟延履行约定违约金的,违约方支付违约金后,还应当履行债务。
Breach of contract is a serious breach of trust that can cause serious damage to the interests of both parties to the contract. When signing a service contract, have you ever understood the relevant legal provisions on liability for breach of service contract, and how should you write a complete set of liability for breach of service contract?
1、 Provisions on Liability for Breach of Service Contracts in the Contract Law
1. Violating the contract agreement, affecting the progress and quality of work, not accepting or delaying the acceptance of the trustee's work results, the remuneration paid shall not be recovered, and the unpaid remuneration shall be paid.
2. Failure to provide relevant technical information, data, documents, working conditions, affecting work quality and progress as agreed in the contract shall result in breach of contract liability for payment of compensation as agreed.
3. If the trustee fails to accept the work results as agreed in the contract on time and is overdue for two months, they shall be responsible for paying the trustee liquidated damages or compensating for losses.
4. If the trustee fails to pay the remuneration as agreed in the contract at the time, method, and location, and is overdue for two months, they shall bear the responsibility of returning the work results, paying remuneration, and compensating for losses.
5. If the work results are not accepted as agreed in the contract and are overdue for six months, the trustee shall be liable for breach of contract, compensation, and storage fees.
6. Those who violate the confidentiality obligations stipulated in the contract shall bear the responsibility of paying liquidated damages or compensating for losses.
2、 How to write the liability for breach of service contract
1. Liability for breach of contract
If one party fails to perform its contractual obligations or fails to comply with the agreement, it shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures, or compensating for losses.
2. Agreement on Breach of Contract Liability Clause
The liability for breach of contract can be specified in detail by the parties to the contract, and for delayed delivery of goods or payment, a penalty for delayed performance can be agreed upon. A general breach clause can also be agreed upon: "If either party violates this agreement, resulting in the inability to continue performing this agreement, the breaching party shall compensate the non breaching party with a penalty of RMB. If the penalty is not sufficient to compensate for the actual losses of the non breaching party, the breaching party shall compensate the non breaching party for all actual losses.".
3. Scope of compensation for damages
If one party fails to perform its contractual obligations or fails to fulfill its contractual obligations in accordance with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the party in breach of contract may have foreseen or should have foreseen at the time of entering into the contract. If a business operator engages in fraudulent behavior in providing goods or services to consumers, they shall be liable for compensation for damages in accordance with the provisions of the Consumer Rights and Interests Protection Law of the People's Republic of China.
4. Penalty for breach of contract
The parties may agree that when one party breaches the contract, they shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, or they may agree on the calculation method for the compensation for losses incurred due to the breach. If the agreed penalty for breach of contract is lower than the loss caused, the parties may request the people's court or arbitration institution to increase it; If the agreed penalty for breach of contract is excessively higher than the resulting losses, the parties may request the people's court or arbitration institution to reduce it appropriately. If the parties agree on a penalty for delayed performance, the defaulting party shall also perform the debt after paying the penalty.