This Simple Independent Contractor Agreement is designed for use under Swiss law when engaging external professionals or service providers on an independent contractor basis. It establishes the fundamental terms of the relationship while maintaining compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. The agreement is suitable for various professional services and includes essential provisions regarding service scope, payment terms, contractor status, and key obligations. It helps distinguish the independent contractor relationship from employment relationships, addressing crucial aspects such as social security obligations, tax responsibilities, and regulatory compliance. This document is particularly valuable for businesses operating in Switzerland who regularly engage independent contractors for project-based work or specialized services.
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1. Parties: Identification of the contracting parties - the company/client and the independent contractor
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 Termination: Duration of the agreement and termination provisions
6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements including VAT considerations
7. Independent Contractor Status: Clear statement of independent contractor relationship and tax/social security obligations
8. Contractor's Obligations: Key responsibilities, quality standards, and delivery requirements
9. Client's Obligations: Client's responsibilities including provision of information and materials
10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Scope of liability and indemnification obligations under Swiss law
13. Data Protection: Compliance with Swiss data protection regulations
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competitive activities, if applicable and reasonable under Swiss law
2. Insurance: Required insurance coverage, particularly for high-risk services or regulated professions
3. Equipment and Resources: Specification of who provides necessary tools and resources
4. Substitution Rights: Whether and how the contractor may use substitutes or subcontractors
5. Performance Metrics: Specific KPIs or quality standards, if measurable metrics are relevant
6. Training and Compliance: Required training or compliance measures for regulated industries
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
8. Assignment Rights: Whether and how rights under the agreement may be assigned
9. Warranty Provisions: Specific warranties for services, particularly for technical or professional services
1. Schedule A - Services Description: Detailed specification of services, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Levels: Performance standards and quality metrics if applicable
4. Appendix 1 - Data Processing Terms: Detailed data protection and processing requirements if personal data is involved
5. Appendix 2 - Compliance Requirements: Industry-specific compliance requirements or certifications
6. Appendix 3 - Required Insurance: Specific insurance requirements and coverage levels
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