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Consultant Retainer Agreement Template for Switzerland

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Key Requirements PROMPT example:

Consultant Retainer Agreement

"I need a Consultant Retainer Agreement under Swiss law for an IT security consulting firm providing ongoing cybersecurity services to our fintech company, with strict data protection requirements and quarterly review provisions."

Document background
The Consultant Retainer Agreement is essential for businesses seeking to establish long-term professional service relationships under Swiss law. This document is particularly relevant when a client requires regular access to specialized expertise or services on an ongoing basis, rather than project-specific engagements. It defines the framework for the consulting relationship, including regular payment of retainer fees in exchange for guaranteed service availability and priority access to the consultant's expertise. The agreement incorporates specific requirements of Swiss contract law, particularly provisions from the Swiss Code of Obligations regarding mandate agreements (Auftrag) and service contracts. It's commonly used by professional service providers, consulting firms, and independent consultants operating in Switzerland or serving Swiss clients, ensuring compliance with local regulations while providing flexibility for international business relationships.
Suggested Sections

1. Parties: Identification of the client and consultant, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: General description of consulting services covered by the retainer

5. Term and Termination: Duration of the retainer agreement and termination provisions, including notice periods

6. Retainer Fee and Payment Terms: Monthly/periodic retainer amount, payment schedule, and invoicing requirements

7. Service Delivery: Standards for service delivery, response times, and availability expectations

8. Consultant's Obligations: Key responsibilities and commitments of the consultant

9. Client's Obligations: Key responsibilities and commitments of the client

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Swiss data protection laws and data handling procedures

13. Liability and Indemnification: Limitation of liability and indemnification provisions under Swiss law

14. Insurance: Required insurance coverage to be maintained by the consultant

15. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when consultant has access to sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting employees or clients, recommended for consultants with significant client contact

3. Performance Metrics: Specific KPIs and performance standards, useful for agreements with measurable deliverables

4. Additional Services: Framework for engaging consultant for work beyond retainer scope, included when ad-hoc projects are likely

5. Compliance with Industry Regulations: Specific regulatory compliance requirements, necessary for regulated industries

6. Force Majeure: Provisions for unforeseen circumstances preventing performance, recommended for long-term agreements

7. Assignment and Subcontracting: Rights to transfer agreement or use subcontractors, included when relevant to service delivery model

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of retained services, deliverables, and service levels

2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees, hourly rates for additional services, and expenses policy

3. Schedule C - Key Personnel: List of key consultant personnel assigned to the engagement

4. Schedule D - Service Levels: Specific performance standards, response times, and quality metrics

5. Schedule E - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss data protection laws

6. Appendix 1 - Contact Details: Contact information for key representatives from both parties

7. Appendix 2 - Reporting Requirements: Templates and specifications for regular reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses
































Relevant Industries

Professional Services

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Education

Legal Services

Engineering

Marketing and Advertising

Real Estate

Telecommunications

Environmental Services

Human Resources

Research and Development

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Business Development

Risk and Compliance

Project Management Office

Executive Leadership

Commercial

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Legal Counsel

Procurement Manager

Contract Manager

Business Development Director

Human Resources Director

Operations Manager

Project Manager

Consulting Partner

Managing Director

Independent Consultant

Professional Services Director

Risk Manager

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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