Use this contract:
- To prepare for an interview with a job candidate.
- When, during the interview, sensitive information or business secrets may be communicated to the candidate.
- To protect your business secrets, inventions, or other sensitive and proprietary information.
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Protect yourself legally as an employer with the following options:
- Clear and unequivocal definition of confidential and non-confidential information, to avoid any misunderstanding.
- Indication of a ratification period, annexes, and specific declarations to increase clarity.
- Imposition of specific restrictions, sanctions, or swift legal action in the event of breach.
- Restriction on the non-poaching of personnel and prohibition on the unauthorised use of information communicated.
An interview NDA template allows a company or business to draft a legal document to be signed by the employer and a potential candidate in view of protecting the confidentiality of information exchanged in the course of a job interview.
A company uses an interview non-disclosure agreement:
- To protect sensitive information disclosed during an interview for a job position.
- To establish terms of confidentiality without firmly guaranteeing the closing of the job.
- To deter unauthorised disclosure and provide compensation for breaches.
Key aspects of a job interview NDA
- A job interview NDA is used for negotiating potential employment by a business and a candidate.
- The document should clearly outline the definition of confidential information, the obligations of the parties, as well as the scope of the job position.
- Unlike a non-disclosure agreement for a business transaction, by signing a job interview NDA, the employer does not prohibit the candidate from solicitation or competition with the company.
- The parties may also use an NDA for job interview to include additional limitations and specifications regarding confidentiality protections.
Six tips on a job interview NDA
To protect your proprietary information, we encourage you to choose from the next options in our NDA for interview:
- Clearly define the type, scope, form, and purpose of disclosing sensitive information.
- Specify a lump-sum penalty for each act of breach, shifting the burden of proof to the breaching party.
- Implement additional technical confidentiality measures, including specific non-disclosure restrictions.
Our confidentiality agreement for interview also provides advantages and security to the candidate, for example:
- The ability to define a confirmation period, after which certain details in an NDA may be presumed non-confidential.
- Exemption from confidentiality obligations for publicly available or derived information.
- Identification of non-confidential data that can be openly disclosed.
Create a job interview NDA with AdminTech
With AdminTech’s online document builder and a non-disclosure agreement job interview, simply fill in the required fields with the necessary information, adjusting the document to your specific requirements.
A professional interview NDA template covers the following information:
- Parties’ name and identification
- Scope of negotiations, start and term of non-disclosure
- Limitations, such as publicly available data, non-confidential information, and confirmation period
- Additional technical measures
- Penalties and remedies in case of breach.
FAQ on a job interview NDA
What is an NDA for an interview?
An interview non-disclosure agreement is a legal document that is signed by the employer and candidate before the job interview. Such a document is particularly vital for positions that involve access to sensitive information, for example: trade secrets, product roadmaps, financial information, etc.
Are NDAs common for interviews?
Yes, a job interview NDA is often signed by parties, even though it is not required by Swiss law. Such a document is mostly needed in industries where proprietary information or trade secrets are heavily involved, or for roles where candidates may be exposed to sensitive data during the interview process. However, in many cases, interview discussions are considered confidential by default, without the need for a formal NDA.
What is the purpose of the interview NDA template?
An interview NDA template is created for small and medium-sized business owners who want to protect sensitive information shared during the interview process. Our template is made to remove any ambiguity that could arise at the time of information exchange. The overall process of filling in the fields in a document sample will take less than five minutes and will serve as a reliable safeguard for the company’s proprietary information.
Is signing the NDA for a job interview mandatory?
Whether a company requires candidates to sign a job interview NDA mainly depends on the established policies. If a candidate refuses to sign this agreement, you have the right not to have a conversation with him or her.
Does an NDA for an interview prevent a candidate from seeking future employment in a similar industry?
No, the terms and conditions that are included in an interview NDA template don’t restrict the candidate from seeking employment in a similar industry. The non-compete clause is typical for non-disclosure agreements that are signed at the beginning of cooperation but can’t be covered in an NDA for an interview.
How to ask a candidate to sign a job interview NDA?
Sending a direct message with a request to sign an NDA for an interview it’s advisable to follow the next points:
- Clarify the purpose of signing the contract.
- Explain that the agreement protects both the company’s interests and the candidate’s privacy.
- Give time to review a document sample and encourage a person to ask questions once there is any confusion.
How long does an NDA for an interview remain in effect?
Each valid example of the job interview NDA should clearly outline its duration which is usually from three to five years. However, it is also possible to establish a longer term that is up to 10 years.
What are the consequences of breaching an NDA for an interview?
Depending on the type of information that is disclosed during the interview, employers have the right to specify the consequences of the breach. For example, your NDA may include the details that the breaching party is liable for financial damages resulting from the breach. Additionally, a signed agreement may grant the non-breaching party the right to seek injunctive relief.
How can a business ensure successful confidentiality protection?
To guarantee a fruitful job interview experience, it is generally advisable to:
- Clearly communicate the purpose of signing a confidentiality agreement for the interview.
- Opt for one-on-one interviews rather than for those that are conducted in small groups.
- Specify your non-disclosure agreement job interview, making it relevant to each position or role within a company.
- Include specific measures, protocols, technical solutions, and organisational standards to mitigate risks.
- Create and sign a confidentiality agreement for the interview.
- Keep due records and communication files as proof of compliance with non-disclosure duties.
- Periodically review and update your confidentiality procedures to ensure they remain effective.
Use this contract:
- To employ an employee of any kind, from trainee to senior manager, from manual worker to office staff.
- If you want to employ an employee on a permanent or fixed-term basis, full-time (100%) or part-time.
- Whether the salary is gross or net, annual, monthly or hourly, paid in 12 or 13 monthly instalments, or otherwise.
- Whether or not you want to give the employee more benefits than are provided for by law.
- Whether or not you wish to impose more restrictions and responsibilities than are provided for by law.
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Jurisdiction: Switzerland
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Protect yourself legally as an employer with the following options:
- Restrictions on non-disclosure, non-solicitation and non-competition, even after employment, with penalties.
- Extensive monitoring measures, obligation to record working hours and submit to regular checks.
- Clear definition of working hours and breaks, with a general obligation to work overtime, travel and take business trips.
- Possibility of payment in lieu of dismissal leave, suspension from work as a disciplinary measure, and immediate termination for cause.
- Duty of loyalty, diligence, and obligation to return equipment and tools in the same condition, with limits on coverage of expenses and use of equipment or vehicles.
Offer the employee the following protection and benefits:
- Bonuses and benefits of all kinds, including training funding, sales commission, performance-based and non-performance-based bonuses.
- Longer holidays, extended redundancy leave, no trial period and seniority pay.
- Salary net of any tax or social security contributions, 13th salary, shorter payment periods and right to tips.
- Flexible working hours, paid lunch break and home office policy.
- Company car or card, parking space, equipment, tools, or other expenses covered, including lump-sum payments.
Use this contract:
- If you want to take on a trainee for a certain period on a paid basis.
- To assess their skills in any field, from manual labour to office staff.
- Whether full-time or part-time, combined or not with current studies.
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Protect yourself legally as an employer with the following options:
- Clear definition of working hours and breaks, with a general obligation to work overtime if necessary, and a holiday schedule.
- Prohibition of accessory work in the case of full-time employment and during holidays.
- Possibility of payment in lieu of dismissal leave, suspension from work as a disciplinary measure, and immediate termination for cause.
- Condition precedent to employment, duty of loyalty, diligence, and obligation to return equipment and tools in the same condition.
Offer the following protection and benefits to the trainee:
- Salary net of all taxes and social security contributions, 13th salary and shorter payment periods.
- Extended entitlement to additional holiday, paid or unpaid leave.
- Entitlement to all or part of tips received from customers.
A fixed-term internship agreement is a legal document signed between an employer and an intern to outline the rights, duration, and scope of work during an internship. With this document, it’s possible to assess the trainee’s skills, with no irrevocable promise of employment even in the event of a satisfactory assessment.
Employers use a template for internship:
- To take on a trainee for a certain period on a paid basis (for example: seasonal or project-based work).
- To assess trainee’s skills in any field, from manual labour to office staff.
- To establish a secured full-time or part-time cooperation, combined or not with current studies.
Key aspects of a fixed-term internship agreement
This type of cooperation is primarily made to provide students with practical experience and the ability to apply the knowledge they have gained at college, university, or any other place of study. While for employers this is a chance to evaluate intern’s performance and have an extra workforce within a specified timeframe.
The document should clearly outline the start and end days of the cooperation.
If an employer wants to continue the work with an intern, he or she should follow the specific guidelines and procedures for extending the internship. These aspects are usually covered in the document itself and also can be negotiated.
Seven tips on a fixed-term internship agreement
To legally protect yourself as an employer, we encourage you to opt for the next points:
- Clear definition of working hours and breaks, with a general obligation to work overtime if necessary, and a holiday schedule.
- Prohibition of accessory work in the case of full-time employment and during holidays.
- Possibility of payment in lieu of dismissal leave, suspension from work as a disciplinary measure, and immediate termination for cause.
- Condition precedent to employment, duty of loyalty, diligence, and obligation to return equipment and tools in the same condition.
The agreement should offer protection and benefits to the trainee as well. These might be:
- Salary net of all taxes and social security contributions, 13th salary, and shorter payment periods.
- Extended entitlement to additional holiday, paid or unpaid leave.
- Entitlement to all or part of tips received from customers.
Create a fixed-term internship agreement with AdminTech
Using AdminTech online document builder and an internship agreement form, the only required thing is to fill in the fields with the appropriate information, tailoring the document to the specific situation.
A professional internship contract sample covers the following information:
- Intern’s name and address
- Intern’s job title and requirements associated with this position
- Internship duration
- Work hours
- Payment details
- Compensation and benefits
- Intellectual property rights
- Termination clause.
FAQ on a fixed-term internship agreement
What’s a fixed-term internship template for employers?
A fixed-term internship template from AdminTech provides employers with an opportunity to create a professional document that can be used during the cooperation with interns. The contract sample is made by a lawyer and is governed by Swiss law.
How many hours can an intern work per week?
The number of working hours that an intern is allowed to take is generally aligned with those for regular employees, which is up to 45 hours per week in the industry and up to 50 hours in the trade sector. So, while filling in an internship agreement form it’s important to comply with the specified norms.
Is a fixed-term internship agreement applicable solely to full-time employment, or can it also be part-time?
A fixed-term internship agreement applies to both full-time and part-time employment. The decision on the cooperation type, as well as on working hours and days, is up to the company.
Is a fixed-term internship agreement always paid?
Whether it is a paid internship agreement or not depends on the policies that a company has when it comes to offering an internship program. The question of payment is typically negotiated at the beginning of cooperation and employers can offer the interns the following options:
- A fixed hourly rate
- A fixed monthly wage
- Compensation based on performance
- Bonuses.
Can a paid internship agreement lead to employment in Switzerland?
A paid internship agreement doesn’t necessarily lead to employment. However, there are situations when employers refer to such cooperation when they want to identify whether the person has enough knowledge to work in a company.
What is the minimum age requirement for internships in Switzerland?
The minimum age requirement for an internship is the same as the minimum age for employment. That’s 15 years. But interns, as well as workers, that are aged from 15 to 18 are subject to specific restrictions on the type of work, working hours, and conditions.
Are fixed-term interns entitled to any employee benefits?
Whether fixed-term interns will receive any employee benefits or not depends on company policies and the nature of cooperation itself. For example, privileges are unlikely for short-term internships that last just for several weeks or one month. However, during long-term cooperation with an intern, companies may offer such benefits as:
- Additional vacation and holidays
- Training
- Supplementary compensation.
When it comes to holidays and vacation, using our legal form for internship agreement, you as an employer can include a specific number of days that you’ll decide based on the cooperation aspects.
Can an internship agreement be terminated before its fixed term ends?
Yes, it can be terminated before a specified end date. A fixed-term internship agreement typically covers a termination clause, where it might be stated that both an intern and an employer are allowed to terminate the agreement under certain circumstances. For example, this might be if either party breaches the terms of a signed document. The contract may also permit termination by notice. In this case, there should be a specified notice period within which one party has to inform the other of the intention to terminate the agreement.
How can employers ensure a successful fixed-term internship experience?
To ensure a successful internship experience, that’s generally advisable for employers to:
- Comply with Swiss Labor Law on minimum wage, working hours, safety, equality, etc.
- Clarify the intern’s responsibilities within a company and share all the information that this person might use during his or her work.
- Draft and sign a fixed-term internship agreement.
- Assign a mentor to whom the intern will turn when help is needed.
- Give regular feedback on the intern’s performance.
Use this contract:
- To grant a loan to be repaid on a due date, in a single repayment.
- Whether the loan is interest-free, with simple or compound annual interest, or one-off interest.
- Whether you are lending in Swiss francs or foreign currency, in any amount.
- If you wish to impose additional guarantees and restrictions on the borrower.
- If you wish to provide for penalties and enforcement measures in the event of late repayment.
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Jurisdiction: Switzerland
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Protect yourself legally as a lender with the following options:
- Stipulation of the conditions precedent to the granting of the loan and request for the creation of a real or personal security to guarantee repayment.
- Prohibition on selling significant assets, taking on debt or giving more advantageous security to third-party creditors.
- Obligation to regularly confirm declarations, disclose financial statements or tax returns, subject to immediate termination.
- Interest on arrears and reminder charges in the event of late payment, with the borrower obliged to cover any legal costs in the event of enforcement.
- Immediate termination in the event of a change of control, bankruptcy, or insolvency of the borrower.
Safeguard your interests as a borrower by using the following clauses:
- Possibility of early repayment, in full or in part, with cessation of interest.
- Flexible calculation of simple interest with the option of a single or regular payment.
- Option to specify a single interest rate that does not depend on the term of the loan.
- Option to accumulate compound interest at different periods.
- Limitation of reminder fees.
Loan contract
Our loan contract template allows you to draft a professional loan agreement contract to be signed between a lender and a borrower to secure the repayment of a loan. With this type of lending agreement, it’s possible to establish clear rights and obligations for both parties, as well as to mitigate any financial-related risks associated with borrowing.
Lenders use our loan contract sample:
- To grant a domestic or international loan until a specified maturity date, in Swiss francs or any foreign currency.
- To impose guarantees and restrictions of various kinds to secure the repayment (for example: providing additional securities, non-borrowing from others, non-resale of important assets).
- To establish either interest-free loans or those with simple or compound interest rates.
Key aspects of a loan contract
- A template for a loan agreement is suitable for use by a company, a registered business, or an individual.
- The document should clearly set out the amount and duration of the loan, as well as define the interest rate, if applicable.
- Lenders generally opt for additional securities as preconditions to the loan, and further restrictions to secure the repayment.
- Parties likewise often impose penalties for late payment or early termination by acceleration.
Six tips on a loan contract
To legally protect yourself as a lender, we encourage you to opt for the next points, which are available in our borrowing agreement template:
- Request for additional securities as a precondition to the granting of the loan.
- Obligation to disclose financial statements or, for individuals, tax returns, to assess financial situation.
- Restrictions on borrowing from others, guarantees to others, or the sale of important assets beyond a certain sum.
- Penalties for breach and immediate termination for breached warranties and representations.
The borrowing contract template that you fill in should offer protection and benefits to the borrower as well. These might be:
- Clear calculation of interest without ambiguity, including the definition of accrual and payment periods.
- Definition of a grace period for amicable settlement before applying penalties and resorting to judicial action.
Create a loan contract with AdminTech
With AdminTech’s online document builder and the standard loan agreement template, all you need to do is fill in the fields with the appropriate information to tailor the document to your specific needs.
A professional lending agreement covers the following information:
- Parties’ contact details and identification
- Currency and amount of loan
- Granting date and preconditions
- Reimbursement date and late payment penalty
- Interest rate, accrual periods, and penalty for acceleration
- Additional restrictions, warranties, representations, and securities.
FAQ on a loan contract
What is the difference between simple and compound interest?
A loan contract template from AdminTech provides lenders with an opportunity to choose from various types of interest. It may be a single interest calculated on the loan sum, regardless of the duration.
Annual interest is calculated proportionally to the loan term, as opposed to a calendar year. The latter can be simple, to be paid on maturity or regularly. It can also be compound and accrue on different periods as defined in the loan contract template.
How to cancel a loan agreement after approval?
A loan agreement contract is a binding legal document that obliges the lender to grant a loan and the borrower to reimburse it under certain terms. Once concluded, it can only be terminated in the following cases:
- If it has been concluded under error, influence, or fraud
- A precondition set out in the agreement is not fulfilled
- Reimbursement upon maturity as per the terms of the agreement itself
- By early repayment of the loan (acceleration).
What penalties can the lender impose on the borrower?
The lender often seeks to apply penalties as a deterrent on the one hand and as compensation on the other. Our loan contract sample offers the following penalties:
- Annual late payment interest rate, without notice
- Reminder fee for each payment reminder
- Immediate termination in case of any change of control
- Immediate termination for breach of ancillary borrower’s obligations or restrictions
- Immediate termination in case of insolvency or bankruptcy of the borrower.
What happens if the loan is not reimbursed on time?
In addition to the penalties allowed by the template for the loan agreement, the lender disposes of the following measures to secure the repayment of the loan:
- Assignment to a third-party debt collector agency against the commission
- Enforcement of personal or real securities provided by the borrower
- Call for a surety from a third-party guarantor, if applicable
- Legal procedure to enforce the debt against the borrower in the state of their domicile.
As is the common practice, parties often stipulate a minimum settlement period before such measures can be implemented.
What types of loans exist?
There are various undefined types of loans, depending on what the parties wish. As opposed to a standard loan agreement template, AdminTech online document builder offers the following options in particular, for which we have a sample:
- Instalment loan to be repaid in tranches
- Cash facility for a maximum but not defined loan amount
- Convertible loan with option to acquire stock
- Subordinated loan with suspension of reimbursement.
What is the difference between a loan and a promissory note?
Often confused with each other, a loan agreement is prepared in advance using a borrowing agreement template, whereas a promissory note formalises a loan that has been granted, or a promise to repay a debt of any kind.
How to change the terms of the loan?
Business loans, especially, are subject to unforeseeable evolution as the borrower company grows. Sometimes, an additional loan is necessary under the same terms.
Other times, the borrower is not sure just how much they need. Hence, there’s an opportunity to conclude a cash facility agreement with the option, but not the obligation, to borrow until a certain limit.
Should a loan be in written form?
A written form is not necessarily required for a loan agreement. However, we strongly advise to draft one using our borrowing contract template for the following purposes:
- Proof of parties’ intentions and terms
- Legal title in case of debt enforcement
- Legal title in case of assignment of loan to third party assignee
- Necessary document for reporting, accounting, and tax purposes.
How can lenders ensure a successful lending experience?
To ensure a successful lending experience, it’s generally advisable to:
- Request preliminary securities from the borrower and impose restrictions
- Provide flexibility on amount and duration, depending on circumstances
- Stipulate penalties for breach, early termination, or late repayment
- Determine a settlement period for amicable resolution
- Create and sign a detailed standard loan agreement using our template.
Use this contract:
- When you enter into negotiations relating to a commercial matter, but are not yet obliged to accept and perform it.
- If you may disclose or otherwise provide access to confidential information during negotiations.
- To protect your business secrets, inventions, or other sensitive and proprietary information.
- Whether or not you wish to prohibit poaching of staff or competition with the party receiving the information.
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Jurisdiction: Switzerland
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Protect yourself legally as a disclosing party with the following options:
- Clear and unequivocal definition of confidential and non-confidential information, to avoid any misunderstanding.
- Indication of a ratification period, annexes, and specific declarations to increase clarity.
- Imposition of specific restrictions, sanctions, or swift legal action in the event of breach.
- Restrictions on non-employment and non-competition, if necessary.
Non-disclosure agreement
An NDA agreement template enables a company or business to draft a legal document signed between a disclosing party and a receiving party to protect the confidentiality of information exchanged in the course of negotiating a deal or cooperation.
A company uses a non-disclosure confidentiality agreement:
- To protect sensitive information from being disclosed while exploring a business deal.
- To lay out the terms of confidentiality without firmly guaranteeing the closure of the discussed transaction.
- To ensure a deterrent from unauthorised disclosure and provide compensation for breaches.
Key aspects of a non-disclosure agreement
- An NDA form template is primarily used for negotiating business transactions, but may likewise apply between an employer and a candidate for an interview.
- The document should clearly outline the scope of the transaction, the type of confidential information, and the terms of the agreement.
- The disclosing party often includes non-solicitation and non-competition restrictions, as well as penalties for breach of confidentiality.
- Parties may likewise use a clause of the confidentiality agreement template to include restrictions and specifications on the means of protecting confidential information.
Seven tips on a non-disclosure agreement
To protect your proprietary information, we encourage you to choose from the next options in our sample of a non-disclosure agreement:
- Clear definition of the type, scope, form, and purpose of disclosure of sensitive information.
- Implementation of additional restrictive covenants, such as non-compete or non-solicitation.
- Indicating a lump-sum penalty for each act of breach, shifting the proof of contrary to the breaching party.
- Imposition of additional organisational or technical confidentiality measures, including internal communication restrictions.
Our NDA contract template also provides advantages and security to the receiving party. For example, remember to include such points as:
- Implementation of a confirmation period, after which it is allowed to presume that specific information in an NDA is not confidential.
- Waiver of confidentiality obligations concerning publicly accessible or derived information.
- Identification of non-confidential information that can be freely disclosed.
Create a non-disclosure agreement with AdminTech
With AdminTech’s online document builder and a non-disclosure agreement example, simply fill in the required fields with the necessary information, adjusting the document to your specific requirements.
A professional non-disclosure document template covers the following information:
- Parties’ name and identification
- Scope of negotiations, start, and term of confidentiality
- Extensions, such as restrictions on competition, solicitation, and derived information protection
- Limitations, such as publicly available data, non-confidential information, and confirmation period
- Additional technical or organisational measures
- Penalties and remedies in case of breach.
FAQ on a non-disclosure agreement
What’s an NDA agreement template?
A confidentiality agreement template from AdminTech allows the parties to protect their sensitive or proprietary information during the negotiation of a potential business deal.
In addition to ensuring confidentiality, this NDA form template offers the possibility to restrict competition and solicitation of employees, clients, or suppliers.
Is an NDA always necessary?
Swiss law already provides many legal restrictions on non-disclosure of business or trade secrets, as well as on the protection of personal data.
A sample of a non-disclosure agreement is necessary if you want to:
- Outline the scope of the transaction as the purpose of disclosure
- Define the confidential and non-confidential information, as well as its form
- Impose specific confidentiality restrictions tailored to the parties’ needs
- Impose additional measures, remedies, and penalties for breach.
What is the maximum duration for an NDA?
There are no legal restrictions on the duration of a non-disclosure confidentiality agreement. However, our sample allows a term of up to 10 years, with shorter periods being possible for non-competition restrictions.
Should a non-disclosure agreement be made in written form?
A confidentiality agreement may be executed and is legally enforceable even on a verbal agreement basis, but it is advisable to draft a professional NDA agreement template for the following reasons:
- Avoidance of ambiguity on the scope, purpose, and duration of confidentiality
- The legal foundation for accelerated court procedures for cease and desist
- Implementation of additional measures, restrictions, and remedies.
What types of NDA agreements are there?
Our NDA contract template allows to create one of the following agreements, each with a specific purpose:
- Standard non-disclosure agreement where the information is disclosed by one party
- Mutual non-disclosure agreement where the information is exchanged by both parties
- Non-disclosure contract for an interview to protect an employer from unauthorised disclosure of sensitive information provided during an onboarding process.
What remedies is the disclosing party entitled to in case of breach?
When a receiving party breaches its confidentiality obligations, our NDA template provides the following measures to choose from:
- Expedited court procedures to ensure cease and desist
- Menace of a lump-sum penalty without proof of actual damage suffered
- Coverage of additional damages, moral tort, reputational injury, and legal fees.
What is the difference between a non-disclosure agreement and a letter of intent?
Either document may be used to demonstrate the sincere intention of the parties to negotiate, hence the advantage of a non-disclosure agreement to draft in a written form.
However, a letter of intent does not provide sufficient clarity on the scope of proprietary information and does not impose additional obligations. Conversely, an NDA does not bind the parties to negotiate under the outlined terms.
What are the exceptions to non-disclosure?
Despite the terms of the agreement, there are situations where the receiving party is liberated from its liability, for example:
- The information was or became publicly available
- Disclosure is required by law, judgment, or administrative decision
- Disclosure is necessary for the performance of the agreement, such as internal communications.
It is generally presumed, unless stated otherwise, that communication to any staff or management of the disclosing party is permitted.
How can a business ensure successful confidentiality protection?
To guarantee a fruitful cooperation experience, it is generally advisable to:
- Clearly outline the scope and type of confidential information, including its means of communication.
- Determine specific measures, protocols, technical solutions, and organisational standards to mitigate risks.
- Pursue legal action immediately to force a cease and desist and minimise damage.
- Create and sign a professional non-disclosure agreement.
- Keep due records and communication files as proof of compliance with non-disclosure duties.
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.
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Jurisdiction: Switzerland
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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.