The Advisory Services Agreement is a crucial document used to formalize professional advisory relationships under Swiss law. It is particularly relevant when engaging external consultants, advisors, or professional services firms to provide specialized expertise or services to businesses or individuals. The agreement encompasses essential elements required by Swiss legislation, particularly the mandate provisions of the Swiss Code of Obligations, while addressing modern business needs such as data protection, intellectual property rights, and professional liability. This document is designed to protect both parties' interests by clearly defining the scope of services, compensation terms, confidentiality obligations, and performance expectations, while ensuring compliance with Swiss regulatory requirements and business practices.
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1. Parties: Identification of the parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the advisory relationship and brief description of the parties' intention to enter into the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the advisory services to be provided, including any specific deliverables
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated by either party
6. Fees and Payment Terms: Advisory fees, payment schedule, expenses, and invoicing procedures
7. Obligations of the Advisor: Key responsibilities, standard of care, and performance requirements for the advisor
8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Intellectual Property: Ownership and usage rights of any intellectual property created during the advisory relationship
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Data Protection: Compliance with Swiss data protection laws and handling of personal data
13. General Provisions: Standard clauses including notices, amendments, severability, and entire agreement
14. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes
1. Non-Competition: Restrictions on competitive activities, used when the advisor may have access to sensitive competitive information
2. Non-Solicitation: Restrictions on soliciting employees or clients, relevant for advisors with significant client contact
3. Insurance: Requirements for professional liability insurance, typically included for high-risk or regulated advisory services
4. Key Personnel: Identification of specific individuals responsible for service delivery, important for expertise-dependent services
5. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID
6. Assignment and Subcontracting: Rights to assign or subcontract services, important for larger advisory firms
7. Compliance with Laws: Specific regulatory compliance obligations, necessary for regulated industries
8. Audit Rights: Client's rights to audit the advisor's work, relevant for complex or regulated services
1. Schedule 1 - Scope of Services: Detailed description of specific advisory services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Key Personnel: List of key team members and their qualifications
4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements
5. Schedule 5 - Data Processing Agreement: Detailed terms for personal data processing in compliance with Swiss data protection laws
6. Appendix A - Required Reports: Ƶ or specifications for required reports and deliverables
7. Appendix B - Client Policies: Relevant client policies the advisor must comply with
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