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Flat Fee Contract Template for Switzerland

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Key Requirements PROMPT example:

Flat Fee Contract

"I need a Flat Fee Contract for IT consulting services to develop a custom software solution, with a total fee of 150,000 CHF to be paid in three installments, with the project to be completed by March 2025."

Document background
This Flat Fee Contract template is designed for use under Swiss law when parties wish to establish a clear, fixed-price arrangement for specific services or deliverables. It is particularly suitable for projects with well-defined scope and deliverables, where the service provider agrees to complete the work for a predetermined sum, regardless of the actual time or resources expended. The document incorporates essential elements required under Swiss contract law, specifically addressing provisions of the Swiss Code of Obligations relating to Werkvertrag (contracts for work and services). It includes comprehensive sections on payment terms, delivery schedules, acceptance criteria, and risk allocation, making it suitable for both straightforward and complex service arrangements. This template is commonly used in professional services, consulting, IT projects, and other sectors where fixed-price engagements are preferred over time-and-materials arrangements.
Suggested Sections

1. Parties: Identification and details of the service provider and client, including full legal names, addresses, and registration numbers

2. Background: Context of the agreement and brief description of why the parties are entering into this contract

3. Definitions: Key terms used throughout the agreement defined for clarity and precision

4. Scope of Services: Detailed description of the services to be provided, including deliverables and specific outcomes

5. Flat Fee and Payment Terms: Specified fixed amount, payment schedule, invoicing requirements, and VAT provisions

6. Timeline and Delivery: Project schedule, milestones, and delivery dates for the services

7. Acceptance Criteria: Specific criteria for determining when services have been satisfactorily completed

8. Obligations of the Service Provider: Responsibilities and commitments of the service provider, including quality standards

9. Client Responsibilities: Obligations of the client, including provision of necessary information and materials

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

11. Confidentiality: Protection of confidential information exchanged during the project

12. Liability and Warranty: Extent of liability, warranties provided, and limitation of liability provisions

13. Term and Termination: Duration of the agreement and conditions for termination

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Force Majeure: Provisions for unforeseen circumstances preventing performance, used when project timeline is critical

2. Insurance: Insurance requirements and coverage details, relevant for high-value or high-risk services

3. Non-Solicitation: Restrictions on hiring each other's employees, useful for longer-term or team-based projects

4. Data Protection: Compliance with Swiss data protection laws, necessary when personal data is processed

5. Subcontracting: Terms for engaging subcontractors, included when subcontracting might be needed

6. Change Management: Process for handling scope changes, important for complex projects

7. Audit Rights: Client's right to audit service provider's work, relevant for regulated industries

8. Exit Assistance: Terms for transition at contract end, important for critical business services

Suggested Schedules

1. Schedule A - Detailed Scope of Work: Comprehensive technical specifications and detailed description of deliverables

2. Schedule B - Payment Schedule: Breakdown of the flat fee into installments and payment milestones

3. Schedule C - Project Timeline: Detailed project schedule with specific dates and milestones

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

5. Appendix 1 - Technical Requirements: Specific technical requirements and standards to be met

6. Appendix 2 - Key Personnel: List of key team members and their roles (if applicable)

7. Appendix 3 - Service Level Requirements: Specific performance metrics and quality standards

8. Appendix 4 - Client Materials: List of materials and information to be provided by the client

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

Consulting Services

Construction

Professional Services

Creative Industries

Engineering

Research and Development

Manufacturing

Education and Training

Project Management

Digital Marketing

Architecture

Business Advisory

Software Development

Relevant Teams

Legal

Procurement

Sales

Operations

Finance

Commercial

Business Development

Project Management Office

Contract Administration

Risk Management

Service Delivery

Account Management

Relevant Roles

Legal Counsel

Contract Manager

Project Manager

Business Development Manager

Operations Director

Procurement Manager

Sales Director

Account Executive

Commercial Director

Chief Financial Officer

Chief Operating Officer

Program Manager

Service Delivery Manager

Business Unit Head

Relationship 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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