General Retainer Agreement Template for Switzerland

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Key Requirements PROMPT example:

General Retainer Agreement

"I need a General Retainer Agreement under Swiss law for my IT consulting firm to provide ongoing technical advisory services to a multinational corporation, with specific provisions for data protection and service level commitments starting from March 2025."

Document background
The General Retainer Agreement serves as a foundational document for establishing and maintaining ongoing professional relationships under Swiss law. It is particularly useful when a client requires regular access to professional services without executing separate agreements for each engagement. This contract type is structured to comply with Swiss Code of Obligations requirements for service contracts while incorporating specific provisions for retainer arrangements. The document typically includes detailed terms for service scope, payment structures, professional obligations, and quality standards. It's designed to accommodate various professional services sectors while ensuring compliance with Swiss regulatory requirements, including data protection and professional conduct rules where applicable. The agreement's flexibility makes it suitable for both regulated professions and general professional services, while its Swiss law governance provides legal certainty and clear dispute resolution mechanisms.
Suggested Sections

1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details if applicable

2. Background: Context of the retainer relationship and brief description of the parties' intent to enter into a professional service arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Fees', 'Retainer Amount', and other relevant terminology

4. Scope of Services: Detailed description of the professional services to be provided under the retainer arrangement

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate the relationship

6. Retainer Fee and Payment Terms: Structure of retainer fees, payment schedule, invoicing process, and handling of expenses

7. Obligations of the Service Provider: Professional duties, standard of care, reporting requirements, and service delivery commitments

8. Client Obligations: Client's responsibilities, including provision of information, cooperation, and timely payment

9. Confidentiality: Provisions for handling confidential information and professional secrets

10. Intellectual Property: Ownership and usage rights of any work product or materials created during the engagement

11. Liability and Indemnification: Limitations of liability and indemnification obligations in accordance with Swiss law

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures

Optional Sections

1. Professional Insurance: Details of professional liability insurance coverage, recommended when providing regulated professional services

2. Data Protection: Specific provisions for handling personal data, required when processing significant personal information

3. Non-Competition: Restrictions on competitive activities, useful for specialized professional services

4. Force Majeure: Provisions for handling unforeseen circumstances, particularly relevant for long-term retainers

5. Assignment and Subcontracting: Rules for transferring rights or delegating services, important for larger service providers

6. Conflict of Interest: Procedures for identifying and handling potential conflicts, essential for legal or consulting services

7. Service Levels: Specific performance metrics and standards, useful for technical or ongoing operational services

8. Personnel: Requirements regarding key personnel and substitutions, important for personality-dependent services

Suggested Schedules

1. Schedule of Services: Detailed breakdown of specific services covered under the retainer

2. Fee Schedule: Comprehensive fee structure, including hourly rates, retainer calculations, and additional charges

3. Key Personnel: List of primary professionals assigned to the client with their qualifications and roles

4. Service Level Requirements: Specific performance metrics and response times if applicable

5. Data Processing Terms: Detailed procedures for handling personal data in compliance with Swiss data protection laws

6. Reporting Template: Standard format for periodic service reports and updates

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
Relevant Industries

Legal Services

Professional Services

Healthcare

Management Consulting

Financial Services

Information Technology

Business Advisory

Engineering Services

Accounting and Tax

Architecture and Design

Relevant Teams

Legal

Compliance

Procurement

Finance

Business Development

Human Resources

Operations

Risk Management

Professional Services

Client Relations

Practice Management

Executive Leadership

Contract Administration

Corporate Affairs

Business Operations

Relevant Roles

Legal Counsel

General Counsel

Compliance Officer

Contract Manager

Procurement Manager

Chief Financial Officer

Business Development Manager

Human Resources Director

Operations Manager

Risk Manager

Professional Services Manager

Client Relationship Manager

Practice Manager

Managing Partner

Chief Executive Officer

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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