5 essential clauses in a Romanian services contract

A services contract under the Romanian Civil Code (art. 1851 onwards) needs at least five elements, otherwise it risks being reclassified as an employment relationship or being unenforceable.

1. Subject matter

A concrete description of the services — not generic. IT consulting won’t do. Setting up a PostgreSQL server with daily backups — yes.

2. Price and payment terms

Flat fee or clear formula (hour × rate, milestones, subscription). Plus currency, VAT, payment due date.

3. Duration

From-to, or indefinite with a unilateral termination notice.

4. Contractual liability

What happens if you don’t deliver, if you pay late, if damages occur. Liability caps are critical.

5. Dispute resolution

Mediation, arbitration, the competent court. If you don’t specify, the general rule applies (court of the defendant’s registered office).

Bonus — confidentiality and IP

If you exchange confidential information or create original works, add separate clauses. ContrActual includes them automatically when you select Confidential or Creative work on the template.