The Advisory Services Contract is a vital legal instrument used to formalize professional advisory relationships under Swiss law. It is particularly relevant when engaging consultants, experts, or advisory firms to provide specialized guidance, strategic input, or professional recommendations. This document type is essential for businesses and individuals seeking or providing advisory services in Switzerland, ensuring compliance with Swiss legal requirements, particularly the mandate provisions of the Swiss Code of Obligations. The contract addresses key aspects such as scope definition, service delivery standards, confidentiality obligations, liability limitations, and intellectual property rights, while incorporating necessary safeguards for both parties. It's designed to provide clarity and legal certainty in professional relationships while maintaining flexibility to accommodate various advisory contexts, from one-time consultations to ongoing advisory arrangements.
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1. Parties: Identification and details of the advisor and the client, including full legal names, addresses, and registration details if applicable
2. Background: Context of the advisory relationship and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the advisory services to be provided, including any specific deliverables
5. Term and Termination: Duration of the agreement and conditions for termination, including notice periods as per Swiss law
6. Fees and Payment Terms: Advisory fees, payment schedule, expenses, and invoicing procedures
7. Obligations of the Advisor: Professional standards, duty of care, and specific responsibilities of the advisor
8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation
9. Confidentiality: Confidentiality obligations and handling of sensitive information
10. Intellectual Property: Ownership and usage rights of materials and deliverables
11. Liability and Indemnification: Limitations of liability and indemnification provisions in accordance with Swiss law
12. Data Protection: Compliance with Swiss data protection laws and data handling procedures
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on competitive activities, used when the advisor may have access to sensitive business information
2. Insurance: Insurance requirements, particularly relevant for high-risk or regulated advisory services
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term advisory relationships
4. Assignment and Subcontracting: Rules regarding transfer of rights and use of subcontractors, if relevant to the service
5. Key Personnel: Identification of specific individuals responsible for providing the services, used when personal qualification is essential
6. Regulatory Compliance: Specific regulatory obligations, particularly relevant for financial or regulated advisory services
7. Service Levels: Specific performance metrics and standards, used for more structured advisory relationships
1. Schedule 1 - Scope of Services: Detailed description of specific advisory services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: Details of key team members and their qualifications
4. Schedule 4 - Service Levels: Specific performance metrics and response times if applicable
5. Schedule 5 - Data Processing Agreement: Detailed provisions for handling personal data in compliance with Swiss law
6. Appendix A - Required Information: List of information and documents to be provided by the client
7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements
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