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Termination Of Consultancy Agreement Template for Switzerland

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Key Requirements PROMPT example:

Termination Of Consultancy Agreement

"I need a Termination of Consultancy Agreement for our IT consultant who has been working with us for 2 years and will complete their services on March 31, 2025; we need to include a one-month transition period and ensure proper handover of ongoing projects."

Document background
The Termination of Consultancy Agreement is utilized when parties wish to formally end their consultancy relationship under Swiss law. This document is essential when either the company or consultant decides to conclude their professional engagement, whether at the natural end of the contract term or through early termination. It comprehensively addresses all aspects of the separation, including final payments, intellectual property rights, confidentiality obligations, and the return of company property. The agreement ensures compliance with Swiss legal requirements, particularly the provisions of the Swiss Code of Obligations regarding mandate agreements. It provides legal certainty for both parties by clearly defining the termination terms, managing outstanding obligations, and establishing post-termination responsibilities. This document is particularly important in preventing future disputes by obtaining mutual releases and clearly documenting the agreed terms of separation.
Suggested Sections

1. Parties: Identification of the company and the consultant, including their full legal names and addresses

2. Background: Reference to the original consultancy agreement, its date, and key terms, and the context for termination

3. Definitions: Definitions of key terms used in the agreement, including reference to defined terms from the original consultancy agreement

4. Termination Date: Clear specification of when the consultancy agreement will terminate or confirmation of its termination date

5. Final Fees and Expenses: Details of final payment calculations, including outstanding fees and expenses up to the termination date

6. Mutual Release: Mutual release of claims related to the consultancy agreement, subject to the terms of the termination agreement

7. Continuing Obligations: Identification of obligations that survive termination (e.g., confidentiality, intellectual property rights)

8. Return of Property: Requirements for returning company property, documents, and materials

9. Final Statements: Confirmation that this agreement represents the final settlement between parties

10. Governing Law: Confirmation of Swiss law as governing law and jurisdiction

Optional Sections

1. Transition Services: Used when the consultant needs to provide handover or transition services after the termination date

2. Post-Termination Restrictions: Include when there are specific non-compete or non-solicitation provisions that need to be addressed or modified

3. Reference and Announcements: Include when parties want to agree on how the termination will be communicated externally and what references may be provided

4. Tax Indemnity: Include when there are specific tax implications that need to be addressed, particularly for international consultancy arrangements

5. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms beyond standard court jurisdiction

6. Insurance and Liability: Include when there are specific ongoing insurance or liability matters that need to be addressed

7. Data Protection: Include when the consultancy involved significant personal data processing or when specific data protection obligations need to be addressed

Suggested Schedules

1. Schedule of Outstanding Payments: Detailed breakdown of all outstanding fees, expenses, and final payments

2. Company Property Inventory: List of all company property, documents, and materials to be returned

3. Ongoing Projects Schedule: List of projects requiring handover or completion, with status and handover requirements

4. Intellectual Property Register: Register of IP created during the consultancy and its ownership status

5. Confidential Information Schedule: Specific listing of confidential information that the consultant has had access to

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

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Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Education

Construction

Energy

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Pharmaceuticals

Media and Entertainment

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Management Consulting

Relevant Teams

Legal

Human Resources

Finance

Procurement

Operations

Risk and Compliance

Project Management Office

Commercial

Business Development

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

HR Director

Procurement Manager

Project Manager

Department Head

Operations Director

Contract Manager

Business Unit Director

General Counsel

HR Manager

Finance Director

Commercial Director

Risk 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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