This Simple Consulting Agreement is designed for use in Switzerland when engaging external consultants or consulting firms for professional services. The document is structured under Swiss law, particularly the Swiss Code of Obligations, and provides a comprehensive yet straightforward framework for consulting relationships. It is particularly suitable for businesses seeking to formalize relationships with independent consultants while clearly distinguishing them from employees. The agreement includes essential provisions required under Swiss law regarding mandate agreements, social security classifications, and data protection requirements, while remaining flexible enough to accommodate various consulting arrangements. It's commonly used for both one-time projects and ongoing consulting relationships, providing clear terms for scope, payment, confidentiality, and intellectual property rights.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details where applicable
2. Background: Context of the agreement and brief description of the parties' intention to enter into a consulting relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the consulting services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
7. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Intellectual Property Rights: Ownership and rights to work products and pre-existing materials
10. Liability and Indemnification: Extent of liability and indemnification obligations
11. Insurance: Required insurance coverage
12. Governing Law and Jurisdiction: Specification of Swiss law and jurisdiction
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Competition: Restrictions on competitive activities, if applicable and reasonable under Swiss law
2. Data Protection: Specific provisions for handling personal data under Swiss FADP, required if personal data processing is involved
3. Force Majeure: Provisions for unforeseen circumstances preventing performance
4. Service Levels: Specific performance metrics and standards, if applicable
5. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
6. Assignment and Subcontracting: Rights and restrictions regarding transfer of obligations or use of subcontractors
7. Notice Provisions: Detailed communication requirements for formal notices
1. Schedule A - Services Description: Detailed scope of work, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Key Personnel: List of key consultants and their qualifications, if applicable
4. Schedule D - Service Levels: Detailed performance metrics and measurement criteria, if applicable
5. Schedule E - Data Processing Terms: Detailed data protection and processing requirements, if applicable
6. Appendix 1 - Report Templates: Standard formats for progress reports and deliverables
7. Appendix 2 - Insurance Requirements: Detailed insurance coverage requirements and minimums
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