How to manage the relationship between a service provider and a customer?

Relationships between service providers and customers are often a source of litigation, as their respective obligations are sometimes poorly defined. In this article, we give you some tips in order to limit the risk for both parties as much as possible.

Conclude a written service contract

Before ordering, it is preferable for both parties to sign a contract.

This may be more or less detailed depending on the type of services, but it must at least include the terms of payment (amounts, installments, schedules, etc.), as well as the details of the services (specifications, schedule, schedule, method of validation, obligation of means or result, etc.). Other adapted clauses can be added if necessary.

Particular attention should be paid to payment milestones, which are often a source of disputes. Is a deposit due when ordering, or during the services? When should the balance be paid?

The contract may consist of a quotation and general terms and conditions of sale (GTC), or an ad hoc contract accompanied by a commercial proposal.

It is strongly recommended not to be satisfied with a simple oral agreement, a summary estimate, or simple email exchanges, which are often insufficient to properly frame the service.

We can assist you in drafting your contracts and thus secure your contractual relationship.

Keep proof of exchanges during the execution of the service

It is often tempting, in the heat of the moment, to do without written exchanges, in order to gain time and agility.

However, this is likely to create a legal risk. Indeed, the parties would then have no proof of their exchanges and validated elements. In the event of a dispute, it would then be particularly difficult to decide on one side or the other.

It is therefore preferable, as far as possible, to record the most important exchanges (in particular those that materialize an agreement between the parties or actions carried out) in writing.

This can be used in the event of a dispute, in order to demonstrate the actions implemented, and more generally to have evidence of the good or bad execution of the contract.

If the exchanges involve contractual changes, it is also possible to confirm this by means of an amendment.

In all cases, we advise you to take all precautions in order to demonstrate the proper performance of your obligations.

Do not hesitate to contact us in case of difficulty.