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Consulting Agreement Contract Template for Switzerland

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Key Requirements PROMPT example:

Consulting Agreement Contract

"I need a Swiss Consulting Agreement Contract for hiring an IT security consultant who will be working remotely from Geneva, providing cybersecurity auditing services for our financial technology platform starting March 2025, with strict confidentiality and data protection provisions."

Document background
The Consulting Agreement Contract under Swiss law is essential for businesses and organizations seeking to engage external expertise while maintaining clear legal and operational boundaries. This document is commonly used when a company requires specialized knowledge, skills, or services from an independent consultant or consulting firm. The agreement, governed by Swiss law and particularly the Swiss Code of Obligations, comprehensively covers crucial aspects such as service scope, compensation, intellectual property rights, confidentiality, and liability limitations. It specifically addresses the independent contractor status to avoid misclassification under Swiss employment law and includes necessary provisions for data protection, social security, and tax compliance. The document is structured to protect both parties' interests while ensuring flexibility in the consulting relationship.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' intent to enter into a consulting relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided, including deliverables and any excluded services

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Key responsibilities, performance standards, and availability requirements

8. Obligations of the Client: Client's responsibilities, including provision of information and resources

9. Intellectual Property Rights: Ownership and rights to work products, pre-existing IP, and developed materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee

12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

13. 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 will have access to sensitive competitive information

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

3. Insurance: Requirements for professional liability or other insurance coverage, important for high-risk consulting work

4. Data Protection: Specific provisions for handling personal data under Swiss FADP, necessary when processing personal data

5. Force Majeure: Provisions for unforeseeable circumstances preventing performance, particularly relevant post-COVID

6. Assignment and Subcontracting: Rights to assign the agreement or use subcontractors, important for larger consulting firms

7. Publicity: Rights to publicize the consulting relationship, relevant for marketing-sensitive engagements

8. Compliance with Laws: Specific regulatory compliance requirements, necessary in regulated industries

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of consulting services, deliverables, and timeline

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

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

4. Schedule D - Service Levels: Specific performance metrics and service level requirements

5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements

6. Appendix 2 - Compliance Requirements: Specific regulatory or industry compliance requirements

7. Appendix 3 - Equipment and Resources: List of equipment or resources to be provided by either party

8. Appendix 4 - Approved Subcontractors: List of pre-approved subcontractors if applicable

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

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Education

Professional Services

Energy

Telecommunications

Real Estate

Pharmaceutical

Retail

Environmental Services

Legal Services

Construction

Non-Profit

Transportation

Media and Entertainment

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Compliance

Risk Management

Contract Management

Business Development

Project Management

Executive Leadership

Administrative

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

HR Director

Procurement Manager

Project Manager

Department Head

Business Unit Director

Operations Manager

Finance Director

Compliance Officer

Risk Manager

Contract Administrator

General Counsel

Managing Partner

Business Development Manager

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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