The Personal Services Agreement is a critical document used in Switzerland when engaging independent contractors or consultants for professional services. It serves to formalize the business relationship while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations (OR) and relevant social security regulations. This agreement is essential for situations where companies need specialized services but wish to maintain a clear distinction from employment relationships. It typically includes detailed provisions on service scope, payment terms, intellectual property rights, data protection compliance, and liability limitations. The document helps protect both parties' interests while ensuring regulatory compliance in the Swiss business environment.

1. Parties: Identification of the service provider and the client, including full legal names, addresses, and any registration numbers

2. Background: Context of the agreement and brief description of why the parties are entering into it

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided, including any deliverables

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

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

7. Independent Contractor Status: Clear statement of independent contractor relationship and its implications

8. Obligations of the Service Provider: Key responsibilities, quality standards, and performance requirements

9. Obligations of the Client: Client's responsibilities, including provision of necessary information and materials

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Swiss data protection laws and handling of personal data

13. Liability and Indemnification: Limitations of liability and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability