Advisory Services Agreement Template for Switzerland

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Key Requirements PROMPT example:

Advisory Services Agreement

"I need a Swiss law Advisory Services Agreement for my technology consulting firm to provide digital transformation services to financial institutions, with strong data protection and confidentiality provisions, and specific clauses about intellectual property rights for any software solutions we develop."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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: Templates or specifications for required reports and deliverables

7. Appendix B - Client Policies: Relevant client policies the advisor must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Management Consulting

Information Technology

Legal Services

Healthcare

Real Estate

Manufacturing

Energy

Environmental Services

Education

Telecommunications

Professional Services

Business Strategy

Digital Transformation

Sustainability Consulting

Relevant Teams

Legal

Procurement

Finance

Compliance

Risk Management

Operations

Human Resources

Information Technology

Business Development

Strategy

Project Management

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Business Development Director

Management Consultant

Strategy Advisor

Financial Advisor

Technical Consultant

Project Manager

Operations Director

Risk Manager

Compliance Officer

Human Resources Director

IT Consultant

Sustainability Consultant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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