The Consulting Subcontractor Agreement is essential for consulting businesses operating in Switzerland that engage external expertise to deliver client services. This document is specifically designed to comply with Swiss legal requirements, particularly the provisions of the Swiss Code of Obligations regarding mandate agreements and independent contractor relationships. It is typically used when a consulting firm needs to supplement its core team with specialized expertise or additional capacity, while maintaining quality control and protecting client relationships. The agreement covers crucial elements such as service scope, deliverables, compensation, intellectual property rights, confidentiality, and data protection obligations, with particular attention to Swiss-specific legal requirements and business practices. This document is fundamental for establishing clear professional relationships while mitigating risks related to employment classification, intellectual property ownership, and client confidentiality.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, relationship between parties, and reference to any master agreement or client relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of consulting services to be provided, including any deliverables
5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing requirements
7. Independent Contractor Status: Clear establishment of independent contractor relationship and disclaimer of employment relationship
8. Obligations of the Subcontractor: Key responsibilities, quality standards, and performance requirements
9. Obligations of the Main Contractor: Main contractor's duties, including provision of necessary information and support
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created intellectual property
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Swiss data protection laws and data handling requirements
13. Liability and Indemnification: Limitation of liability, insurance requirements, and indemnification obligations
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competing activities, used when subcontractor has access to sensitive information or client relationships
2. Non-Solicitation: Restrictions on soliciting employees or clients, included when there's significant client contact
3. Equipment and Resources: Provisions regarding tools and resources provided by either party, included when specific equipment is required
4. Performance Metrics: Specific KPIs and performance standards, included for longer-term or complex engagements
5. Compliance with Client Requirements: Additional obligations required by end clients, included when services are provided to specific end clients
6. International Services: Specific provisions for cross-border services, included when subcontractor is based outside Switzerland
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or critical service arrangements
8. Insurance Requirements: Detailed insurance obligations, included when services involve significant risks or client requirements
9. Anti-Corruption and Sanctions: Compliance with anti-corruption laws and sanctions, included for international engagements or regulated industries
1. Schedule A - Services Description: Detailed specification of consulting services, methodologies, and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, payment milestones, and expense policies
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 Swiss law
5. Schedule E - Approved Subcontractor Personnel: List of authorized personnel who may perform services
6. Appendix 1 - Insurance Requirements: Specific insurance coverage requirements and minimum limits
7. Appendix 2 - Compliance Policies: Relevant policies and procedures to be followed by the subcontractor
8. Appendix 3 - Required Forms and Templates: Standard forms for invoicing, reporting, and other administrative requirements
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