The Contractor Service Agreement is a essential legal document used when a company wishes to engage an independent contractor or freelancer under Swiss law. This agreement is crucial for clearly establishing the contractor's independent status and avoiding potential misclassification under Swiss employment law. It addresses key aspects required by the Swiss Code of Obligations and related federal legislation, including detailed service specifications, payment terms, social security obligations, and VAT considerations. The agreement is particularly important in the Swiss context where the distinction between employees and independent contractors must be carefully maintained for legal and regulatory compliance. This document should be used whenever engaging external service providers in a non-employment capacity, whether they are individuals, sole proprietorships, or corporate entities.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and confirmation of contractor's independent status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the contractor
5. Term and Engagement: Duration of the agreement and basis of engagement
6. Contractor's Obligations: Key responsibilities and duties of the contractor
7. Company's Obligations: Key responsibilities and duties of the company
8. Fees and Payment Terms: Compensation, payment schedule, expenses, and VAT provisions
9. Independent Contractor Status: Clear statement of independent contractor relationship and tax/social security obligations
10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Swiss data protection laws and data handling requirements
13. Liability and Indemnification: Scope of liability and indemnification obligations
14. Termination: Termination rights and procedures
15. Post-Termination Obligations: Obligations surviving termination of the agreement
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
17. Signatures: Execution blocks for both parties
1. Non-Competition: Restrictions on competing activities, only included if specifically required and carefully drafted to comply with Swiss law restrictions
2. Insurance: Specific insurance requirements, included when contractor must maintain particular coverage
3. Equipment and Resources: Provisions regarding tools and resources, included when specific equipment arrangements need to be addressed
4. Compliance with Policies: Reference to company policies, included when contractor must comply with specific company procedures
5. Quality Standards: Specific quality requirements, included for technical or specialized services
6. Service Levels: Specific performance metrics, included when quantifiable service levels are required
7. Subcontracting: Terms for engaging subcontractors, included when subcontracting might be permitted
8. Force Majeure: Provisions for unforeseen circumstances, included for longer-term or critical services
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: Specific performance metrics and quality standards if applicable
4. Schedule 4 - Data Processing Agreement: Detailed data protection terms if personal data is processed
5. Appendix A - Company Policies: Relevant company policies the contractor must comply with
6. Appendix B - Required Insurance: Specific insurance requirements and coverage levels
7. Appendix C - Contact Details: Key contact information for both parties
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