Regular or recurring services

Use this contract:

To provide intangible services and advice of all kinds, either face-to-face or remotely.
When the services are performed with complete flexibility and independence, subject to the customer’s general instructions and requests.
Where the services relate to a specific project or are to be provided on a repetitive or ongoing basis.
If you wish to invoice the services at the standard hourly rate or according to staff seniority.
Whether the customer is based in Switzerland or abroad, and whether they are a private individual or a company.

Protect yourself legally as a consultant with the following options:

Invoicing of fees according to staff seniority, annual indexation, and advance guarantee retainer.
Indication of costs to be invoiced in addition, on an actual basis, at a flat rate or as a percentage of fees.
Limitation of liability to the amount of fees paid and imposition of a short claims period for the client.
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:

Clear indication of how fees are calculated, billing period and due dates.
Capping of charges that may be invoiced in addition to fees, and clear indication of VAT to be invoiced.
Clear deadlines for the consultant’s reports and an extended period for acceptance and inspection of services.
Firm prohibition on subcontracting, non-disclosure, non-poaching and non-competition, even after the contract has ended.
Unequivocal treatment of the transfer and use of intellectual property created and protection of confidential information.

Contract for consulting services

A consultant agreement template allows you to draft a legal document signed between a client and a consultant to outline the scope of services, remuneration, and respective liabilities of parties. With this sample, it’s possible to provide one-off or recurring advisory services while mitigating liability and guaranteeing the payment of the fees.

A service company uses a consulting contract template:

To provide consulting services of any kind (for example: accounting, advisory, technical expertise, or marketing research).
To provide services in view of a defined project or on an ongoing recurrent basis.
To create a legal agreement outlining all services, duties, responsibilities, and liability of the consultant.

Key aspects of a contract for consulting services

This template is principally used by a company or registered business to provide immaterial services, on premises or remotely.
The document should openly lay out the scope of services, the calculation of hourly fees and costs, as well as the start and termination of the agreement.
In particular cases, clients expect a restriction on any act of solicitation or competition, non-delegation, and non-disclosure of confidential information.
In others, the consultant is free to perform their duties without limitations, subject to diligent accomplishment of assignments.

Eight tips on a contract for consulting services

To protect your legal interests as a professional consultant, we recommend that you select from the following possibilities:

Unambiguous definition of ancillary costs, VAT, and how the hourly fees shall be calculated.
Additional rights to represent the client and act on their behalf, to outsource all or part of services, to compete, and to use created intellectual property.
Strict limitations on the amount of liability, shortened review, and acceptance periods.
Retainer guarantee, default interest, reminder fee, and termination of agreement for default of payment.

The consulting services agreement may protect and give advantages to the client as well, for example:

Prohibition of competition, solicitation, or any other act that could cause a conflict of interest or be damaging to the client.
Option to include all costs and taxes in the fees for services.
Exclusive rights to any created intellectual property without additional remuneration.
Implementation of specific technical or organisational measures to protect the confidentiality of sensitive information.

Create a contract for consulting services with AdminTech

With AdminTech’s online document builder and a contract for consulting services, simply fill in the fields with the required information, and the document shall automatically adjust to your specific needs.

A professional consulting services contract template includes the following information:

Parties’ name and identification
Scope of services, responsibilities, and review periods
Term of agreement and notice of termination
Rebilling of taxes, expenses, and ancillary costs
Retainer guarantee, termination for default, and limitations of liability
Restrictive covenants and non-disclosure provisions
Transfer and ownership of intellectual property.

FAQ on a contract for consulting services

What’s an independent consulting contract?

An hourly consulting agreement from AdminTech offers parties the opportunity to create a professional document for collaboration with consultants, providing greater flexibility compared to hiring employees. This simple consulting agreement template is made by a lawyer and complies with Swiss law.

Should a consultant contract be made in written form?

While consulting may be legally binding even through an oral agreement, we recommend that you draft a professional consulting contract template for the following reasons:

To document the parties’ terms, scope, purpose, and intentions
To establish clear legal titles determining all fees, expenses, and taxes for reporting purposes.
To avoid ambiguity in long-lasting consulting agreements.

How many weekly hours can a consultant work?

In Swiss legislation, there is no legal limitation on the amount of working hours for an independent consultant. Despite a commitment of minimum or estimated weekly hours being possible in the consultant agreement template, the consultant is free to define their timetable.

How is the consultant remunerated?

In a consulting services agreement, the consultant is remunerated at an hourly fee, which may be fixed or depend on the seniority of staff employed to act under the consultant’s supervision.

What is the indexation of fees?

In some types of consulting business such as, for example, professional tax advisory, the hourly fee is increased by a fixed percentage every year, to offset inflation and accommodate the gradually increasing complexity of work. This practice, generally accepted as indexation fees, can be selected in our consultant agreement template.

What is the difference between an employee and a consultant?

A consultant may not necessarily be a business or a company, but self-employed. The main distinction from an employment contract lies in the absence of direct subordination and economic dependency. A self-employed consultant would usually:

Service multiple customers at a time
Define the working timetable without restrictions
Employ staff, hire subcontractors, and assume fixed costs.

Is the consultant liable for outsourced services?

Violation of restriction to outsource is a sufficient motive for damage claims. In the consulting agreement example, the client may restrict or allow this, in which case the consultant is liable for any negligence of employees or subcontractors as if they were that of the consultant.

How can a consultant agreement be terminated?

In our consulting contract template, you may select a permanent option, subject to a termination notice, or a fixed-term option, in which case the agreement expires automatically. All work done up to termination should be remunerated.

What compensation is the client entitled to?

A consultant must perform services in a professional and diligent manner, to the best of their ability. Although there is no guarantee for the result, the client may claim damages in case of fault or negligence in the accomplishment of the consulting services.

How can consultants ensure a successful cooperation experience?

To ensure a successful consulting experience, it is generally advisable to:

Outline the start and termination notices of consulting cooperation.
Clarify responsibilities and rights for representation, outsourcing, and competition.
Define the calculation of the fees, indexation, rebilling of taxes and costs, as well as a retainer amount.
Create a professional consulting agreement based on our sample.
Specify limitations on liability, submission, and review notice, as well as penalties for violation.

Use this contract:

To provide regular or repetitive services with different deadlines or pricing.
If you perform intangible services or consultancy of any kind, either face-to-face or remotely.
When the services are performed with complete flexibility and independence, subject to the customer’s general instructions and requests.
Whether the customer is in Switzerland or abroad, and whether they are an individual or a company.
Whether the collaboration is short or long term, or even open-ended.

Protect yourself as a service supplier with the following choices:

Indication of the standard hourly rate for any additional requests outside the pricing package indicated.
Indication of costs to be invoiced in addition, effectively, at a flat rate or as a percentage of the fees.
Limitation of liability to the amount of fees paid and imposition of a short claim period for the client.

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:

Clear indication of how fees are calculated, billing period and due dates.
Capping of charges that may be invoiced in addition to fees, and clear indication of VAT to be invoiced.
Clear deadlines for supplier reports and extended periods for acceptance and inspection of services.
Firm prohibition on subcontracting, non-disclosure, non-poaching 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.

Use this contract:

To delegate all or part of a service or task to an individual or company.
Whether the services relate to a particular project or are to be provided on a repetitive or constant basis.
If the tasks are to be carried out flexibly and independently, subject to the general instructions and requests of the principal.
Where the sub-contractor is to be remunerated on a regular basis, hourly, monthly, annually or otherwise.
Whether the expenses or costs of the materials are borne by the principal, the subcontractor or re-invoiced.

Protect yourself legally as a principal with the following options:

Commitment to minimum hours per week, availability and frequency of reports.
Firm prohibition on subcontracting, non-disclosure, non-solicitation and non-competition, even after the end of the contract.
Capping of costs that may be invoiced in addition to fees, and clear indication of the VAT to be invoiced.
Unambiguous treatment of the transfer and use of intellectual property created and protection of confidential information.
Declaration and undertaking to notify any change of status when the subcontractor is reclassified as an employee.

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

Minimum monthly remuneration notwithstanding hours actually worked.
Indication of costs to be invoiced in addition, on an actual basis, at a flat rate or as a percentage of fees.
Limitation of liability to the amount of fees paid and imposition of a short claim period by the principal.
Authorisation to delegate, represent, and sign on behalf of the principal.
Reservation of the intellectual property created and the right to use it, even by assigning it to the principal.

Contract for subcontractor

A subcontractor agreement template allows to draft a legal document signed between a principal and a subcontractor to outline the rights, duration, and scope of outsourced work. With this document, it’s possible to delegate main or ancillary tasks to an independent service provider for a specific task or a certain period.

A company uses a contract for subcontractor:

To delegate all or part of services or works to an independent service provider (for example: construction, sales, or consulting).
Engage a subcontractor for a specific project, for a fixed term, or on an ongoing basis.
To establish a secured cooperation, on an exclusive full-time basis or part-time non-exclusive grounds.

Key aspects of a contract for subcontractor

This template is primarily used to delegate ancillary services or works to an independent service supplier, whether a company or registered business.
The document should clearly outline the scope of work, start and termination, as well as additional responsibilities of the subcontractor.
Our subcontractor agreement sample includes provisions for a regular fee, rebilling of costs and taxes, material prices, and a down payment retainer.
In contrast to an employee, a subcontractor operates independently, managing their schedule and bearing both the costs and economic risks associated with the work.

Seven tips on a contract for subcontractor

To legally protect yourself as a principal, we encourage you to opt for the following points:

Clear definition of taxes, costs, and prices for materials that can be rebilled by a subcontractor.
Restrictions on any act of competition, solicitation, and non-disclosure duties with lump-sum penalties for breach.
Prohibition to delegate work to unauthorised parties.

The agreement should offer protection and benefits to the subcontractor as well. These might be:

Right of representation by signature, to act on behalf of the principal, and authorisation to delegate work to third parties.

Flexible remuneration policy and calculation of fees, with a down payment retainer amount.
Termination effect for the end of a period to ensure minimum remuneration until the term.
Limitation of liability, acquisition, or transfer of intellectual property and a shortened review period.

Create a contract for a subcontractor with AdminTech

Using AdminTech online document builder and a subcontractor agreement form, the only required thing is to fill in the fields with the appropriate information, tailoring the document to your specific needs.

A professional subcontractor contract template covers the following information:

Parties’ name and identification.
Scope of work, responsibilities, and reporting regularity.
Terms of cooperation and termination notices.
Taxes, materials, and ancillary expenses.
Retainer, guarantees, and limitations of liability.
Restrictions and non-disclosure provisions.
Intellectual property rights.

FAQ on a contract for subcontractor

What’s an independent subcontractor agreement?

An example of subcontractor agreement from AdminTech provides parties with an opportunity to create a professional document that can be used during the cooperation with subcontractors with more flexibility as opposed to hiring employees. This simple subcontractor agreement template is made by a lawyer and is governed by Swiss law.

How many hours can a subcontractor work per week?

In Swiss law, there are no legal limitations on the number of hours of work for an independent subcontractor. Although a weekly time commitment may be provided in the subcontractor agreement template, the subcontractor is generally free to organise the schedule.

What is the maximum duration for a subcontractor?

There are no legal restrictions on the duration of a contract for subcontractor. The parties may convene a fixed-term or a permanent relationship subject to a termination notice. Immediate termination for cause is reserved as per the clauses of our subcontractor agreement sample.

Should a subcontractor agreement be made in written form?

Subcontracting may be performed and is legally enforceable even on a verbal agreement basis, but it is advised to draft a professional subcontractor agreement form for the following reasons:

Proof of parties’ intentions, purpose, and terms.
Legal title of due fees, costs, and expenses for reporting purposes.
Enhanced comprehensibility and clarity of parties’ rights and duties.

What is the difference between a subcontractor and an employee?

An independent subcontractor could also operate as a registered business or company. In cases where they are individuals, the primary distinction from an employment arrangement lies in the lack of economic risk and subordination. An independent subcontractor generally:

Has several clients.
Assumes costs and expenses personally.
Defines working schedule freely.
Is allowed to delegate and outsource work.

Is the subcontractor liable for employees and third-party suppliers?

Breach of prohibition to delegate is sufficient grounds for damage claims. In the subcontractor agreement template, the principal may prohibit or allow this. In this second case, the subcontractor is liable for any fault of employees or delegates as if they were that of the subcontractor.

How can a subcontractor agreement be terminated?

Fixed-term agreements come to expiration upon their term without any notice.

Permanent contracts may be terminated with notice. In our example of subcontractor agreement, you may specify shorter or longer notice periods, provided they are equal for both parties.

Termination for just cause is reserved, in particular for delay in payment, force majeure, or substantial breach of the contract by either of the parties.

What compensation is the principal entitled to in case of breach?

A subcontractor is liable for the diligent performance of services, although there is no guarantee of any objective result. Where the principal suffers damage or lost profits due to fault or negligence of the subcontractor, the former is entitled to monetary compensation, as well as coverage of legal fees, if any.

The principal reserves the right to withhold the payment of the fees as a guarantee.

How can subcontractors ensure a successful cooperation experience?

To ensure a successful subcontracting experience, it is generally advisable to:

Verify that the subcontractor does not have an employee status.
Clarify responsibilities, rights of delegation, representation, and competition.
Determine the regularity and amount of fees, taxes, costs, and material prices to be billed on top.
Create a professional subcontractor agreement based on our sample.
Stipulate limitations on liability, defect inspection notice, and penalties for breach.
Outline the start and duration of subcontracting cooperation.

Use this contract:

To delegate all or part of a service or task to a self-employed individual without employee status.
That the services relate to a specific project or must be provided on a repetitive or constant basis.
If the tasks are carried out with complete flexibility and independence, subject to the general instructions and requests of the principal.
Where the freelancer is to be remunerated on a regular basis, at an hourly, monthly, annual, or other rate.
Whether expenses or material costs are borne by the principal, the freelancer or re-invoiced.

Protect yourself legally as a principal with the following options:

Commitment to minimum hours per week, availability, and frequency of reports.
Firm prohibition on subcontracting, non-disclosure, non-solicitation and non-competition, even after the end of the contract.
Capping of costs that may be invoiced in addition to fees, and clear indication of the VAT to be invoiced.
Unambiguous treatment of the transfer and use of intellectual property created and protection of confidential information.
Declaration and undertaking to notify any change of status when the freelancer is reclassified as an employee.

Protect your interests as a freelancer by using the following clauses:

Minimum monthly remuneration notwithstanding hours actually worked.
Indication of costs to be invoiced in addition, on an actual basis, at a flat rate or as a percentage of fees.
Limitation of liability to the amount of fees paid and imposition of a short claim period by the principal.
Authorisation to delegate, represent and sign on behalf of the principal.
Reservation of the intellectual property created and the right to use it, even by assigning it to the principal.

Use this contract:

To settle the legal, financial and technical issues that will apply to projects to be agreed from time to time.
If several projects or stages are planned in the future within a particular framework of services, on similar or identical terms.
To carry out services of any kind, such as development, design, layout, works or even consultancy.
That any projects are invoiced at the hourly rate or according to budgets agreed on a case-by-case basis.
Whether the customer is located in Switzerland or abroad, and whether he is a private individual or a company.

Protect yourself legally as a supplier with the following options:

Invoicing of fees according to staff grade, and advance guarantee deposit.
Indication of costs to be invoiced in addition, effectively, at a flat rate or as a percentage of fees.
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:

Clear indication of how fees are calculated, billing period and due dates.
Capping of costs that may be invoiced in addition to fees, and clear indication of the VAT to be invoiced.
Firm prohibition on subcontracting, non-disclosure, non-solicitation and non-competition, even after the end of the contract.
Unambiguous treatment of the transfer and use of intellectual property created and protection of confidential information.