Contract for works for Switzerland

Use this contract:

• To carry out general contracting work or services over a short or long period of time.
• Whether the project consists of one or more tasks or stages, to be carried out by an estimated or precise deadline.
• Whether the work is to be carried out on defined premises or remotely, on a customer’s movable property.
• When the services are invoiced with an exact price, a fee quote, or an estimated price range.
• Whether the customer is in Switzerland or abroad, and whether they are a private individual or a company.

Protect yourself legally as a contractor with the following options: 

• Indication of the quotation or estimated price with tolerated margin, and advance guarantee retainer. 
• Indication of materials and costs to be procured and invoiced, with amounts pre-approved by the customer. 
• Limitation of liability to the amount of fees paid and imposition of a short claims period by the customer. 
• Authorisation to delegate, represent and sign on behalf of the client. 
• Reservation of the intellectual property created and the right to use it, even by assigning it to the client. 

Safeguard your interests as a customer by using the following clauses: 

• Limitation of the estimated price or indication of the exact price, with no commitment to pay more even in unforeseeable circumstances. 
• Capping of costs that may be invoiced in addition to the price, and clear indication of the VAT to be invoiced. 
• A firm prohibition on subcontracting, non-disclosure, non-solicitation and non-competition, even after the contract has ended. 
• Unambiguous treatment of the transfer and use of intellectual property created and protection of confidential information. 

Contract for services

A service contract template allows you to draft a basic contract for services signed between a client and a supplier of services to outline the scope of work, payment, and respective responsibilities of parties. With this sample, you can securely carry out works on the premises or remotely, without worrying about liability and default of payment of the fees.

A service company signs a works contract template: 

• To execute works of any kind (for example: construction, repairs, or inspection).
• To carry out services in view of a defined project or a specific single task, to be accomplished by a given deadline or in successive milestones.
• To create a legal agreement outlining all scope of works, duties, responsibilities, and liability of the worker.

Key aspects of a contract for services 

• This service agreement contract template is mainly used by a registered business or a company to execute works in relation to a movable object or real estate. 
• The document should openly specify the extent of the project, expected outcomes, terms, and calculation of fees. 
• In some instances, customers request a restriction on any act of outsourcing, competition, or poaching, as well as disclosure of confidential information. 
• In others, the worker is free to execute their services without limitations, except for the obligation of diligent execution of the works. 

Eight tips on a contract for services 

To protect your legal interests as a professional contractor, we advise you select from the following choices of our template for agreement of services: 

• Flexible calculation of pricing, including an estimation of fees or hourly rates depending on expertise and grade of hired staff. 
• Additional rights to act on behalf of the client, to delegate all or part of such services, to compete, and to use intellectual property created as a result. 
• Firm limits on supplier’s liability, and a reduced defects review period. 
• Down payment, default interest, reminder fees, and termination of agreement for default of payment. 

Our service contract example may offer advantages to the client as well, for example: 

• Non-compete restrictions, non-solicitation, as well as prohibition of any other act related to a conflict of interests. 
• The option to include all expenses and taxes in the price for the work. 
• Exclusive ownership of the created intellectual property without additional remuneration. 
• Specific technical or organisational measures to protect the confidentiality of sensitive information following the completion of the services. 

Create a contract for services with AdminTech 

With AdminTech’s online document builder and a service contract template, simply indicate the necessary information in the required fields, and your document shall automatically draft itself to your specific needs. 

A professional service agreement template includes the following information:  

• Parties’ names, addresses, and signatories 

• Scope of services, milestones, stages, and specifications 
• Commencement of works, date, and time of submission 
• Form and modalities of execution, including location, right to outsource, or the right to act on behalf of a client 
• Estimation of price, costs, and expenses of materials necessary for works 
• Liability limitation, tolerated delay, and review period 
• Restrictive covenants, for example, non-compete and non-disclosure. 

FAQ on a contract for services 

How are the workers remunerated? 

Under the terms of our service contract template, the form of compensation for the worker may include, for example: 

• A set fee quotation for the whole assignment, without the right of recalculation 
• An approximative fee quote range based on the time spent at an hourly rate. 

For both the services company and the client, a fixed price is payable in full even if the actual time spent and expenses are lesser or greater than initially agreed upon. For long-lasting or more complicated works, a more flexible price range is recommended. 

Can the agreement be terminated before term? 

Once the scope of services and the amount of fees have been specified and accepted by the parties, there are only a few situations in which the service agreement template may be terminated before the accomplishment of the works: 

• Non-payment of retainer or ancillary fees by the client 
• Particular damages or faulty execution of the services resulting in occurred or foreseen damages 
• Completion becomes objectively impossible due to external circumstances 
• The agreement has been signed under the effect of error or fraud. 

When is remuneration for work due? 

Subject to the selections you can make in our service agreement contract template, the company has the following payment possibilities: 

• Outstanding invoice payment within 5 to 90 days, according to your preference 
• Retainer guarantee, serving as a full or partial assurance of the price of services. 

Should you wish to have successive payments following each accomplished milestone of the works, we recommend you draft a master services agreement and project assignments for each respective stage of the services. 

What taxes and expenses can be billed for the works? 

In our works contract template, you may include VAT or ancillary expenses and material costs in the total price, or agree on the coverage of additional amounts, for example: 

• A detailed catalogue of materials and tools to be attached 
• Maximum ceiling of the material costs that can be billed in addition to services price 
• Limitation of additional costs that may be invoiced on top of the work price 
• Request preliminary approval of the client in any other circumstance. 

Who owns intellectual property created within the scope of the services? 

As you may find in our template for agreement of services, any invention or design may be attributed to the supplier of services or to the client exclusively. In each example, you can restrict or permit the use of intellectual property by the other party. 

What is the liability of the service provider? 

The contractor is liable for diligent and professional performance of works under the specifications of the client and must hold the latter free from any injury or lost profits as a result of negligence or fault.  

How can a company ensure a successful work experience? 

To ensure a successful work assignment, we generally recommend the following: 

• Outline the start and deadline of the services, including an acceptable delay. 
• Specify how the fees shall be estimated and indicate whether slight deviations based on effective work done will be allowed. 
• Determine the scope of expenses and materials to be paid by the client. 
• Create a professional project agreement based on our template. 
• Specify limitations on liability, submission and review notice and penalties for violation. 
• Register and conserve every act or statement of work for the purpose of proof.