The Independent Consultant Agreement is essential for organizations engaging external expertise in Switzerland while maintaining compliance with Swiss law. This document is used when a company needs to formalize a relationship with an independent consultant or consulting firm, ensuring clear distinction from employment relationships under Swiss regulations. It includes comprehensive provisions covering service scope, compensation, intellectual property rights, confidentiality, and data protection, all aligned with Swiss legal requirements including the Code of Obligations and Federal Data Protection Act. The agreement is particularly important for protecting both parties' interests and ensuring proper classification of the independent contractor status, which has significant implications for social security, tax, and labor law compliance in Switzerland.
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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 consultant's independent contractor status
3. Definitions: 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 termination provisions
6. Fees and Payment Terms: Compensation, invoicing, and payment procedures
7. Independent Contractor Status: Clear statement of independence and provisions distinguishing from employment relationship
8. Consultant's Obligations: Key responsibilities, quality standards, and delivery requirements
9. Client's Obligations: Support, information, and access to be provided by the client
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 FDPA and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Insurance: Required insurance coverage and proof of insurance
15. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Non-Competition: Restrictions on competing activities, used when consultant has access to sensitive market information
2. Non-Solicitation: Restrictions on soliciting clients or employees, included when consultant works closely with client's personnel or customers
3. Equipment and Resources: Provisions regarding tools and resources, included when specific equipment or software is provided by either party
4. Subcontracting: Terms for engaging subcontractors, included when subcontracting is permitted
5. Performance Metrics: Specific KPIs and performance standards, included for long-term or complex projects
6. Training and Support: Provisions for training or support services, included when knowledge transfer is part of the services
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term agreements
8. International Services: Additional provisions for cross-border services, included when consultant provides services internationally
1. Schedule A - Services Description: Detailed specification of consulting services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, expenses, and payment terms
3. Schedule C - Service Levels: Performance standards, metrics, and quality requirements
4. Schedule D - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss FDPA
5. Schedule E - Project Timeline: Milestone dates and delivery schedule
6. Appendix 1 - Insurance Requirements: Specific insurance coverage requirements and limits
7. Appendix 2 - Compliance Requirements: Specific regulatory or industry compliance requirements
8. Appendix 3 - Contact Details: Key contact persons and communication protocols
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