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Flat Fee Agreement Template for Switzerland

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Key Requirements PROMPT example:

Flat Fee Agreement

"I need a Flat Fee Agreement for IT development services between our Swiss AG and a UK-based software development company, with monthly milestone payments and strict data protection requirements for handling customer data."

Document background
This Flat Fee Agreement template is designed for use under Swiss law when parties wish to establish a fixed-price arrangement for specific services or deliverables. It's particularly suitable for professional services, consulting, IT projects, and other scenarios where a predetermined fee is preferred over time-based billing. The agreement incorporates key requirements from the Swiss Code of Obligations and includes essential provisions for scope definition, payment terms, deliverables, and acceptance criteria. This type of agreement is commonly used when there's a clear understanding of the project scope and deliverables, allowing for better cost control and project planning. It's especially valuable for businesses seeking to manage their budgets effectively while ensuring clear deliverables and timelines.
Suggested Sections

1. Parties: Identification and details of the service provider and client

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided under the flat fee arrangement

5. Fee and Payment Terms: Fixed fee amount, payment schedule, and payment methods

6. Timeline and Deliverables: Specific milestones, delivery dates, and completion criteria

7. Acceptance Criteria: Standards and procedures for accepting deliverables

8. Obligations of the Client: Client's responsibilities and required cooperation

9. Obligations of the Service Provider: Service provider's commitments and professional standards

10. Intellectual Property Rights: Ownership and rights to work products

11. Confidentiality: Protection of confidential information

12. Liability and Limitation: Extent and limitations of liability under Swiss law

13. Term and Termination: Duration of agreement and termination provisions

14. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

Optional Sections

1. Change Management: Procedures for handling changes to scope or requirements - include when the project is complex or likely to evolve

2. Force Majeure: Provisions for unforeseeable circumstances - include for longer-term or high-risk projects

3. Non-Solicitation: Restrictions on hiring each other's personnel - include when sensitive intellectual property or key personnel are involved

4. Insurance: Insurance requirements - include for high-value or high-risk services

5. Data Protection: GDPR and Swiss data protection compliance - include when personal data processing is involved

6. Warranty: Specific warranties for the services - include for technical or specialized services

7. Third-Party Rights: Rights of third parties in relation to the services - include when third-party materials or services are involved

Suggested Schedules

1. Schedule A - Detailed Scope of Services: Comprehensive technical specifications and detailed description of services

2. Schedule B - Payment Schedule: Breakdown of the flat fee into installments if applicable

3. Schedule C - Project Timeline: Detailed project timeline with specific milestones and deadlines

4. Schedule D - Acceptance Testing Procedures: Detailed procedures for testing and accepting deliverables

5. Appendix 1 - Key Personnel: List of key personnel assigned to the project from both parties

6. Appendix 2 - Technical Requirements: Specific technical requirements or standards that must be met

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






























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Relevant Industries

Professional Services

Information Technology

Consulting

Legal Services

Creative Industries

Software Development

Engineering

Architecture

Management Consulting

Digital Services

Construction

Business Advisory

Financial Services

Relevant Teams

Legal

Finance

Procurement

Operations

Commercial

Business Development

Project Management

Contracts Administration

Risk Management

Professional Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Contract Manager

Business Development Manager

Operations Director

Finance Director

Managing Partner

Commercial Director

Consultant

Department Head

Senior Manager

Practice Lead

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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