The Education Consultant Contract is essential for formalizing relationships between educational consultants and their clients in Switzerland. It is primarily used when engaging professional educational advisors for services such as academic planning, institution selection, application assistance, or educational strategy development. The document incorporates requirements from Swiss contract law, particularly the mandate provisions of the Code of Obligations, and addresses crucial aspects such as data protection under FADP, professional liability, and service quality standards. This contract type is suitable for both individual consultants and consulting firms, and can be adapted for various educational contexts, from primary education to university level guidance. It includes specific provisions for protecting student information, defining service scope, and establishing clear deliverables while maintaining compliance with Swiss regulatory requirements.
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1. Parties: Identification of the Client and the Education Consultant, including full legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, including the consultant's qualifications and the client's needs for educational consulting services
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Student(s)', 'Educational Institutions', and other relevant terms
4. Appointment and Scope of Services: Detailed description of the educational consulting services to be provided, establishing the mandate relationship under Swiss law
5. Consultant's Obligations: Key responsibilities and duties of the consultant, including professional standards, reporting requirements, and communication protocols
6. Client's Obligations: Client's responsibilities, including providing necessary information, cooperation requirements, and timely communication
7. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and VAT provisions if applicable
8. Data Protection and Confidentiality: Obligations regarding handling of personal data in compliance with Swiss FADP, confidentiality provisions
9. Intellectual Property: Ownership and usage rights of materials created during the consultation process
10. Term and Termination: Duration of the agreement and termination provisions in accordance with Swiss law
11. Liability and Indemnification: Extent of consultant's liability, professional indemnity, and limitation of liability provisions
12. General Provisions: Standard clauses including notices, entire agreement, amendments, and governing law (Swiss law)
1. Non-Compete and Non-Solicitation: Restrictions on competitive activities and client solicitation, recommended when the consultant has access to sensitive information or significant client relationships
2. Insurance: Requirements for professional liability insurance, recommended for high-value consulting arrangements
3. Performance Metrics: Specific KPIs or success metrics, useful for long-term or performance-based arrangements
4. Substitute Consultants: Provisions regarding the use of substitute consultants or assistants, relevant for larger consulting practices
5. International Services: Additional provisions for cross-border consulting services, necessary when dealing with international students or institutions
6. Force Majeure: Provisions for unforeseen circumstances affecting service delivery, particularly relevant post-COVID
7. Dispute Resolution: Specific procedures for dispute resolution, recommended for high-value contracts or international arrangements
1. Schedule 1: Scope of Services: Detailed breakdown of specific educational consulting services to be provided
2. Schedule 2: Fee Schedule: Detailed fee structure, including hourly rates, fixed fees, and expense categories
3. Schedule 3: Service Level Agreement: Specific performance standards, response times, and service delivery metrics
4. Schedule 4: Data Processing Agreement: Detailed provisions for handling personal data in compliance with Swiss FADP
5. Appendix A: Consultant Qualifications: Consultant's relevant qualifications, certifications, and experience
6. Appendix B: Reporting Ƶ: Standard formats for progress reports and other required documentation
7. Appendix C: Code of Ethics: Professional standards and ethical guidelines for educational consulting services
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