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Cost And Fee Contract
"I need a Cost and Fee Contract under Swiss law for my IT consulting firm to provide software development services to a multinational client, with a combined fixed and hourly rate structure, starting January 2025."
1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and general purpose of the engagement
3. Definitions: Key terms used throughout the agreement including specific cost and fee-related terminology
4. Scope of Services: Detailed description of services to be provided under the contract
5. Fee Structure: Breakdown of fees, including hourly rates, fixed fees, or combination thereof
6. Cost Recovery: Details of recoverable costs and expenses, including third-party costs
7. Payment Terms: Invoice frequency, payment deadlines, and acceptable payment methods
8. Service Standards: Expected quality standards and performance metrics
9. Duration and Termination: Contract period, renewal terms, and termination conditions
10. Obligations of the Parties: Specific responsibilities of both service provider and client
11. Confidentiality: Protection of confidential information exchanged during service provision
12. Liability and Insurance: Limitation of liability and required insurance coverage
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. General Provisions: Standard contractual clauses including severability and entire agreement
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when dealing with measurable service outcomes
2. Resource Allocation: Detailed breakdown of personnel and resources - include for complex service arrangements
3. Change Control: Procedures for changing scope or fees - include for long-term or complex engagements
4. Intellectual Property: IP rights and ownership - include when services involve creation of intellectual property
5. Data Protection: GDPR and Swiss data protection compliance - include when personal data is processed
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term contracts
7. Non-Competition: Restrictions on competitive activities - include when sharing sensitive market information
8. Escalation Procedures: Steps for resolving service or payment disputes - include for high-value contracts
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, rates, and charging structures
2. Schedule 2 - Service Specification: Detailed description of services, deliverables, and timelines
3. Schedule 3 - Cost Categories: List of recoverable costs and associated policies
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Service Levels: Specific performance standards and metrics
6. Appendix A - Invoice Template: Standard format for invoices and cost reporting
7. Appendix B - Change Request Form: Template for requesting changes to scope or fees
8. Appendix C - Rate Card: Standard rates for additional services or personnel
Authors
Services
Fees
Costs
Disbursements
Effective Date
Service Period
Client
Service Provider
Key Personnel
Deliverables
Project
Change Request
Force Majeure
Confidential Information
Business Day
Invoice
Payment Due Date
Professional Standards
Service Levels
Approval
Authorized Representative
Additional Services
Base Fee
Variable Fee
Success Fee
Milestone
Performance Metrics
Quality Standards
Scope of Work
Third Party Costs
Expenses
Rate Card
Time Records
Service Location
Completion Date
Material Breach
Intellectual Property Rights
Good Industry Practice
Applicable Law
Dispute
Budget
Cost Estimate
Progress Report
Service Schedule
Termination Date
Cost Recovery
Payment Terms
Service Scope
Performance Standards
Quality Assurance
Invoicing
Term and Duration
Termination
Confidentiality
Data Protection
Intellectual Property
Liability
Indemnification
Insurance
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Jurisdiction
Amendments
Notices
Severability
Entire Agreement
Personnel
Reporting
Audit Rights
Change Control
Service Levels
Non-Competition
Non-Solicitation
Compliance
Record Keeping
Warranties
Time of Essence
Good Faith
Remedies
Third Party Rights
Cost Escalation
Professional Services
Consulting
Legal Services
Financial Services
Information Technology
Engineering
Architecture
Management Consulting
Healthcare
Education
Construction
Real Estate
Business Advisory
Research and Development
Environmental Services
Legal
Finance
Procurement
Operations
Commercial
Risk Management
Compliance
Project Management
Business Development
Account Management
Service Delivery
Contract Administration
Chief Financial Officer
Finance Director
Legal Counsel
Procurement Manager
Project Manager
Contract Manager
Business Development Manager
Operations Director
Commercial Director
Risk Manager
Compliance Officer
Account Manager
Service Delivery Manager
Financial Controller
Professional Services Director
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