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Consulting Services Agreement for Switzerland

Consulting Services Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the terms and conditions for the provision of consulting services. This document defines the relationship between a client and a consultant/consulting firm, outlining the scope of services, compensation, confidentiality obligations, intellectual property rights, and other key terms in compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. The agreement includes provisions for data protection under Swiss law, liability limitations, and clear distinctions between employment and independent contractor relationships.

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Consulting Services Agreement

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What is a Consulting Services Agreement?

The Consulting Services Agreement is essential for organizations engaging external expertise while ensuring compliance with Swiss law. This document is used when a company (client) requires professional services from independent consultants or consulting firms on a project or ongoing basis. The agreement covers crucial aspects such as service scope, deliverables, payment terms, intellectual property rights, and confidentiality obligations, all structured to comply with Swiss legal requirements, particularly the Swiss Code of Obligations' provisions on mandate agreements. It's designed to clearly differentiate the consulting relationship from employment relationships, addressing key areas such as social security obligations, data protection requirements, and professional liability. The document is particularly important for maintaining clear professional boundaries and protecting both parties' interests in consulting engagements.

What sections should be included in a Consulting Services Agreement?

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

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

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

6. Fees and Payment Terms: Compensation structure, payment schedule, and invoicing requirements

7. Obligations of the Consultant: Key responsibilities and commitments of the consultant

8. Obligations of the Client: Client's responsibilities including provision of information and cooperation

9. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

10. Confidentiality: Protection and handling of confidential information

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

12. Liability and Indemnification: Extent of liability and indemnification obligations

13. Insurance: Required insurance coverage

14. Independent Contractor Status: Clarification of relationship as independent contractor under Swiss law

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

16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a Consulting Services Agreement?

1. Non-Compete: Restrictions on competitive activities, used when consultant may have access to sensitive competitive information

2. Non-Solicitation: Restrictions on soliciting employees or clients, used for protecting business relationships

3. Force Majeure: Provisions for unforeseen circumstances preventing performance, important for long-term agreements

4. Assignment and Subcontracting: Rights to assign or subcontract services, used when flexibility in service delivery is needed

5. Compliance with Laws: Specific regulatory compliance obligations, important in regulated industries

6. Audit Rights: Client's rights to audit consultant's work and records, useful for regulated industries or complex projects

7. Key Personnel: Identification of key individuals providing services, important for expertise-dependent services

8. Service Levels: Specific performance metrics and standards, useful for measurable consulting deliverables

What schedules should be included in a Consulting Services Agreement?

1. Schedule A - Services Description: Detailed scope of work, deliverables, and technical specifications

2. Schedule B - Fee Schedule: Detailed fee structure, rates, and payment terms

3. Schedule C - Service Levels: Specific performance metrics and quality standards if applicable

4. Schedule D - Key Personnel: List of key personnel and their qualifications

5. Schedule E - Client Policies: Relevant client policies consultant must comply with

6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data under Swiss data protection laws

7. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms if not fully covered in main agreement

Authors

Alex Denne

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

Jurisdiction

Switzerland

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Information Technology

Financial Services

Management Consulting

Healthcare

Manufacturing

Professional Services

Energy

Telecommunications

Real Estate

Education

Pharmaceuticals

Construction

Retail

Environmental Services

Non-Profit

Relevant Teams

Legal

Procurement

Human Resources

Finance

Compliance

Operations

Risk Management

Project Management Office

Business Development

Contract Management

Relevant Roles

Legal Counsel

Procurement Manager

Project Manager

Business Unit Director

Chief Financial Officer

HR Director

Compliance Officer

Contract Manager

Operations Manager

Risk Manager

Chief Executive Officer

Department Head

Management Consultant

Independent Consultant

Professional Services Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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