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Professional Services Subcontractor Agreement

Professional Services Subcontractor Agreement Template for Switzerland

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Key Requirements PROMPT example:

Professional Services Subcontractor Agreement

"I need a Professional Services Subcontractor Agreement under Swiss law for engaging freelance IT consultants to work on our banking software platform, with specific provisions for data security and bank regulatory compliance."

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Document background
The Professional Services Subcontractor Agreement is essential for businesses operating in Switzerland that need to engage specialized subcontractors for professional service delivery. This document is particularly relevant when a main contractor, having contracted with an end client, needs to subcontract specific portions of the work while maintaining quality control and regulatory compliance. The agreement ensures compliance with Swiss law, particularly the Swiss Code of Obligations (OR), and addresses crucial aspects such as independent contractor status, social security requirements, and data protection obligations. It is designed to protect all parties' interests while facilitating efficient service delivery and clear accountability. The document is commonly used in sectors requiring specialized expertise, such as consulting, IT, engineering, and professional services, where work is frequently subcontracted to specialists or smaller service providers.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and reference to any main contract with the end client

3. Definitions: Key terms used throughout the agreement, including Services, Deliverables, Client, etc.

4. Appointment and Status: Confirmation of appointment as independent contractor and explicit statement of non-employment relationship

5. Services: Description of services to be provided, quality standards, and performance requirements

6. Subcontractor's Obligations: Key responsibilities, compliance requirements, and standard of service

7. Main Contractor's Obligations: Support, information, and resources to be provided by the main contractor

8. Fees and Payment: Payment terms, rates, expenses, invoicing procedures, and payment timeline

9. Intellectual Property Rights: Ownership and licensing of pre-existing and created IP, including assignment provisions

10. Confidentiality: Protection of confidential information, including client data and trade secrets

11. Data Protection: Compliance with Swiss data protection laws and data processing obligations

12. Liability and Indemnity: Limitation of liability, indemnification provisions, and insurance requirements

13. Term and Termination: Duration of agreement, renewal terms, and termination rights

14. Post-Termination: Obligations after termination, including return of materials and surviving clauses

15. General Provisions: Standard boilerplate clauses including notices, amendments, severability, etc.

16. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Compete and Non-Solicitation: Restrictions on competing activities and client/employee solicitation - optional based on nature of services and competition sensitivity

2. Performance Metrics: Specific KPIs and service levels - include if service levels are critical to the engagement

3. Compliance with End Client Requirements: Flow-down provisions from main client contract - include if required by main client agreement

4. Equipment and Resources: Provisions regarding tools and equipment - include if specific equipment/resources are provided

5. Training and Certification: Requirements for maintaining certifications - include for regulated or technical services

6. Security Requirements: Specific security protocols and requirements - include for sensitive data or secure facilities access

7. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

8. Foreign Service Providers: Additional provisions for non-Swiss subcontractors - include for international arrangements

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of services to be provided

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

3. Schedule 3 - Service Levels: Performance metrics and service level requirements

4. Schedule 4 - Data Processing Agreement: Detailed data protection and processing requirements under Swiss law

5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage levels required

6. Schedule 6 - Approved Personnel: List of key personnel approved to provide services

7. Appendix A - Form of Invoice: Template for compliant invoicing

8. Appendix B - Compliance Certificates: Required compliance and certification documentation

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

Engineering Services

Financial Services

Professional Training

Architecture

Legal Services

Business Advisory

Healthcare Consulting

Environmental Consulting

Technical Services

Research and Development

Digital Marketing

Project Management

Quality Assurance

Relevant Teams

Legal

Procurement

Operations

Commercial

Risk & Compliance

Human Resources

Business Development

Supply Chain

Professional Services

Vendor Management

Project Management Office

Relevant Roles

Legal Counsel

Procurement Manager

Contract Manager

Project Manager

Operations Director

Commercial Director

Risk Manager

Compliance Officer

HR Director

Business Development Manager

Chief Operating Officer

Professional Services Director

Vendor Manager

Supply Chain Manager

General Counsel

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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