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Consultancy Agreement With Company

Consultancy Agreement With Company Template for Switzerland

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Key Requirements PROMPT example:

Consultancy Agreement With Company

"I need a Consultancy Agreement With Company for engaging an IT security consultant to perform cybersecurity audits and implement security protocols for our Swiss fintech startup, with the agreement starting March 1, 2025, and including strict data protection and confidentiality provisions."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Company
Company Materials
Confidential Information
Consultant
Consulting Services
Deliverables
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Project
Schedule
Services
Service Levels
Term
Third Party
Work Product
VAT
Affiliate
Client
Commencement Date
Completion Date
Data Protection Laws
Expenses
Insolvency Event
Material Breach
Project Manager
Representatives
Specification
Swiss Code of Obligations
Territory
Working Hours
Clauses
Interpretation
Appointment
Term
Services
Consultant Obligations
Company Obligations
Fees and Payment
Expenses
Invoicing
Tax
Independent Contractor Status
Key Personnel
Performance Standards
Deliverables
Acceptance
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability
Indemnification
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment
Subcontracting
Notice
Amendments
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Business Continuity
Warranties
Regulatory Compliance
Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Manufacturing

Professional Services

Engineering

Education and Training

Marketing and Communications

Environmental Services

Human Resources

Research and Development

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Project Management Office

Compliance

Risk Management

Information Technology

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

HR Director

Operations Manager

Department Head

Management Consultant

Technical Consultant

Business Analyst

Strategy Consultant

IT Consultant

Financial Advisor

Training Consultant

Industries
Swiss Code of Obligations (Articles 394-406): Primary legislation governing mandate agreements (including consultancy contracts), covering basic contractual obligations, duties of care, liability, and termination provisions
Swiss Code of Obligations (Articles 319-362): Employment law provisions - important for distinguishing between independent contractors and employees to avoid misclassification
Federal Act on Social Insurance (AHVG): Defines criteria for social security contributions and classification of independent contractors vs. employees
Federal Act on Data Protection (FADP): Governs the processing of personal data and imposes obligations regarding data security and cross-border data transfers
Federal Act on Copyright and Related Rights: Regulates intellectual property rights and is crucial for determining ownership of work products created during consultancy
Federal Act on Cartels and Other Restraints of Competition: Relevant for non-compete clauses and restrictions on business activities
Value Added Tax Act (VATA): Determines VAT obligations for consultancy services and proper invoicing requirements
Federal Act on Foreign Nationals and Integration (FNIA): Relevant if the consultant is a foreign national, governing work permit requirements
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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