The Consultancy Agreement With Company is a essential legal document used when engaging external expertise while maintaining clear independent contractor status under Swiss law. It is particularly relevant when a company needs specialized skills, temporary expertise, or project-specific knowledge without creating an employment relationship. The agreement addresses crucial aspects required by Swiss legislation, including provisions from the Swiss Code of Obligations, data protection requirements, and social security considerations. It clearly defines the scope of services, deliverables, payment terms, and intellectual property rights while incorporating necessary safeguards for confidential information and data protection. This document is designed to protect both parties' interests while ensuring compliance with Swiss regulatory requirements and business practices.
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1. Parties: Identification of the company and consultant, including full legal names, addresses, and registration details
2. Background: Context of the agreement and confirmation of consultant's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Services: Detailed description of consultant's appointment and services to be provided
5. Term and Termination: Duration of agreement and termination provisions, including notice periods
6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing requirements
7. Consultant's Obligations: Key responsibilities, standard of service, compliance with laws, and reporting requirements
8. Company's Obligations: Company's responsibilities including provision of information and access
9. Intellectual Property Rights: Ownership and transfer of IP created during the consultancy
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Swiss data protection laws and data handling requirements
12. Liability and Indemnity: Limitation of liability and indemnification provisions
13. Insurance: Required insurance coverage to be maintained by consultant
14. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Non-Competition: Restrictions on competing activities - include if consultant will have access to sensitive market information
2. Non-Solicitation: Restrictions on soliciting clients/employees - include if consultant will have significant client/employee contact
3. Service Levels: Specific performance metrics - include for technical or specialized services
4. Compliance with Specific Regulations: Industry-specific regulatory requirements - include for regulated sectors
5. Bank/Financial Details: Payment account details - include if regular payments are to be made
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical services
7. Assignment and Subcontracting: Rights to transfer or delegate obligations - include if relevant to service delivery model
8. Training and Support: Provisions for training company staff - include if knowledge transfer is part of scope
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 - Key Personnel: List of key consultant personnel who will provide services
4. Schedule 4 - Service Levels: Detailed performance metrics and measurement criteria
5. Schedule 5 - Data Processing Agreement: Detailed data protection obligations if personal data is processed
6. Schedule 6 - Company Policies: Relevant company policies consultant must comply with
7. Appendix A - Required Insurance Coverage: Specific insurance types and coverage amounts
8. Appendix B - Form of Invoice: Template for consultant's invoices meeting Swiss requirements
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