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Independent Contractor Subcontractor Agreement

Independent Contractor Subcontractor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Independent Contractor Subcontractor Agreement

"I need a Swiss Independent Contractor Subcontractor Agreement for engaging a software development subcontractor who will be working on our proprietary technology platform, with strong IP protection clauses and clear provisions for source code ownership."

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Document background
This Independent Contractor Subcontractor Agreement is designed for use in Switzerland when a primary contractor needs to engage a subcontractor to perform specific services while maintaining their independent status. The document is essential for businesses that need to delegate work to third-party contractors while ensuring compliance with Swiss legal requirements, including the Swiss Code of Obligations and relevant social security regulations. It provides comprehensive coverage of key aspects such as service scope, payment terms, intellectual property rights, confidentiality, and liability allocation. The agreement is particularly valuable for projects requiring specialized expertise or additional resource capacity, while maintaining clear boundaries between employment and independent contractor relationships under Swiss law. It includes specific provisions to prevent misclassification risks and ensures proper documentation of the business relationship.
Suggested Sections

1. Parties: Identification of the contractor and subcontractor, including full legal names, addresses, and registration details

2. Background: Context of the agreement and confirmation of the subcontractor's independent status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the subcontractor

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

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

7. Independent Contractor Status: Clear statement of independent contractor relationship and its implications

8. Obligations of the Subcontractor: Key responsibilities, delivery requirements, and quality standards

9. Obligations of the Contractor: Support, information, and resources to be provided by the contractor

10. Intellectual Property Rights: Ownership and transfer of IP created during the service provision

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Insurance: Required insurance coverage and minimum limits

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

15. Governing Law and Jurisdiction: Confirmation of Swiss law application and dispute resolution procedures

Optional Sections

1. Non-Competition: Restrictions on competitive activities, if applicable to the industry and relationship

2. Equipment and Resources: Provisions regarding tools and resources when specific equipment is required

3. Force Majeure: Provisions for unforeseeable circumstances preventing performance

4. Compliance with Specific Regulations: When the services involve regulated industries or specific compliance requirements

5. Assignment and Subcontracting: Rights to assign or further subcontract, if relevant to the business model

6. Key Personnel: When specific individuals are crucial to service delivery

7. Service Levels: Detailed performance metrics when quantifiable standards are required

8. Training Requirements: When specific qualifications or ongoing training is necessary

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed specification of services, deliverables, and technical requirements

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

3. Schedule 3 - Service Levels: Performance metrics, quality standards, and measurement criteria

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage amounts required

5. Appendix A - Data Processing Agreement: Detailed data protection and processing requirements if personal data is involved

6. Appendix B - Compliance Requirements: Industry-specific compliance requirements and certifications

7. Appendix C - Required Forms and Templates: Standard forms for invoicing, reporting, and other regular communications

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

































Clauses





































Relevant Industries

Information Technology

Management Consulting

Professional Services

Construction

Engineering

Creative Services

Software Development

Healthcare Services

Financial Services

Education and Training

Manufacturing

Research and Development

Relevant Teams

Legal

Procurement

Operations

Human Resources

Project Management Office

Vendor Management

Supply Chain

Compliance

Finance

Risk Management

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Manager

Operations Director

Human Resources Director

Business Development Manager

Freelance Consultant

Independent Contractor

Chief Operating Officer

Program Manager

Vendor Manager

Supply Chain 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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