Contract For Independent Consultant Template for Switzerland

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Key Requirements PROMPT example:

Contract For Independent Consultant

"I need a Contract For Independent Consultant under Swiss law for hiring a cybersecurity consultant who will be performing security audits and implementing security protocols for our financial services company, with access to sensitive client data and requiring strict confidentiality provisions."

Document background
This Contract For Independent Consultant is designed for use in Switzerland when engaging external expertise on a non-employment basis. It carefully addresses the critical distinction between independent contractors and employees under Swiss law, incorporating necessary provisions from the Code of Obligations (OR/CO) and relevant federal regulations. The document is particularly important in today's flexible working environment where companies regularly engage independent professionals for specialized projects, consulting work, or temporary expertise. The agreement includes comprehensive coverage of service scope, deliverables, compensation, intellectual property rights, data protection under FADP, and specific Swiss social security and insurance requirements. It helps protect both parties by clearly defining the independent nature of the relationship while ensuring compliance with Swiss legal and regulatory frameworks.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and confirmation of consultant's independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Term and Termination: Duration of the agreement and termination provisions

6. Fees and Payment Terms: Compensation, invoicing procedures, and payment schedules

7. Independent Contractor Status: Express provisions confirming independent contractor relationship and responsibilities

8. Consultant's Obligations: Key responsibilities, quality standards, and delivery requirements

9. Client's Obligations: Support, access, and information to be provided by the client

10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Swiss FADP and data handling requirements

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Insurance: Required insurance coverage and proof of insurance

15. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when consultant has access to sensitive information or clients

2. Non-Solicitation: Restrictions on soliciting employees or clients, used for consultants with significant client contact

3. Equipment and Resources: Provisions regarding tools and resources, used when specific equipment or software is required

4. Training and Support: Details of any training provided, used when specific client systems or processes must be learned

5. Performance Metrics: Specific KPIs or performance standards, used for long-term or complex engagements

6. Substitute Personnel: Rules for providing replacement consultants, used when personal service is not essential

7. International Services: Special provisions for cross-border services, used with foreign consultants

8. Force Majeure: Provisions for unforeseen circumstances, used for long-term or critical service arrangements

Suggested Schedules

1. Schedule A - Services Description: Detailed scope of work, deliverables, and technical specifications

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Service Levels: Performance standards, response times, and quality metrics

4. Schedule D - Data Processing Agreement: Detailed data protection and processing requirements under FADP

5. Appendix 1 - Contact Details: Key contact persons and communication protocols

6. Appendix 2 - Required Insurance Coverage: Specific insurance types and coverage amounts required

7. Appendix 3 - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Appendix 4 - Project Timeline: Detailed project phases and delivery dates if applicable

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 legal definitions
Clauses
Relevant Industries

Information Technology

Management Consulting

Financial Services

Healthcare

Education

Manufacturing

Engineering

Marketing and Advertising

Research and Development

Professional Services

Construction

Environmental Services

Telecommunications

Energy

Biotechnology

Relevant Teams

Legal

Human Resources

Procurement

Finance

Project Management Office

Operations

Information Technology

Research and Development

Marketing

Strategy

Administration

Compliance

Risk Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Procurement Manager

Project Manager

Department Head

IT Consultant

Management Consultant

Financial Advisor

Technical Specialist

Strategy Consultant

Business Analyst

Marketing Consultant

Engineering Consultant

Research 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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