Freelance Switzerland: Mandatory Contracts and Legal Documents 2025

As a freelancer in Switzerland, you must master the legal documents essential to protect your activity. Here's the complete 2025 guide.

Why Contracts Are Essential

Risks Without Written Contract

• ⚠️ Price dispute: client contests invoiced amount
• ⚠️ Scope creep: client demands more than planned ("wasn't it included?")
• ⚠️ Non-payment: no proof of initial agreement
• ⚠️ Intellectual property: who owns the code/design created?
• ⚠️ Liability: in case of error, who pays for damages?

Statistic: 38% of Swiss freelancers have already had a client dispute (source: Freelance.ch survey 2024). 85% had no written contract.

Legal Protection of Contract

✅ Proof: in case of dispute, contract is binding
✅ Clarity: mandate limits defined in black and white
✅ Professionalism: inspires client confidence
✅ Payment security: penalty clause for late payment

1. Service Agreement (Most Important)

What's It For?

Precisely define what you'll do, for how much, and within what timeframes.

Mandatory Mentions (Swiss Law)

Contracting Parties:

Service Provider:
[Your name or company name]
[Complete address]
[IDE: CHE-XXX.XXX.XXX]

Client:
[Name/company name]
[Complete address]

Contract Object (as precise as possible):

The Service Provider commits to perform the following services:
1. Development of showcase website (5 pages)
2. WordPress CMS integration
3. Client training (2 hours)
4. Corrective maintenance (3 months)

⚠️ Important: list EVERYTHING included (and exclude the rest).

Price and Payment Terms:

Total fees: CHF 8,500 excl. VAT (VAT 8.1% extra if applicable)

Payment terms:
- 30% deposit on signature: CHF 2,550
- 40% midway (mockup validation): CHF 3,400
- 30% balance on delivery: CHF 2,550

Payment deadline: 10 days from invoice receipt
Late payment penalty: 5% per year (Swiss legal rate)

Deadlines and Schedule:

Start date: 01.02.2025
Intermediate deliverables:
- Mockups: 15.02.2025
- Beta version: 01.03.2025
- Final delivery: 15.03.2025

Force Majeure:

Neither party liable for delays due to unforeseeable events
(pandemic, natural disaster, power outage)

Contract Termination:

Either party may terminate with 30 days written notice
Compensation for work performed up to termination date

2. Confidentiality Agreement (NDA)

When to Use

• Access to sensitive client data
• Innovative project (pre-launch product)
• Strategic information (pricing, partners)

Key Clauses

Confidential Information Definition:

All information exchanged (oral, written, digital)
marked "Confidential" or identifiable as such

Obligations:

• Not disclose to third parties
• Use only for project purpose
• Protect with reasonable measures

Duration: typically 2-5 years after contract end

3. Intellectual Property Clauses

Who Owns What You Create?

Default (no clause): YOU own what you create (Swiss law)

Client exclusive ownership (most common):

All deliverables (code, designs, content) become
exclusive property of Client upon final payment

Usage license:

Service Provider retains ownership but grants
Client non-exclusive usage license for specific purpose

Portfolio right (negotiate this!):

Service Provider may use deliverables in portfolio
and as reference (with Client anonymization if required)

4. Liability and Warranty

Recommended Clauses

Limited Liability:

Service Provider liability limited to contract value
excluding indirect damages (lost profits, etc.)

Warranty:

3-month warranty on deliverables
correction of defects reported during this period

Client Responsibilities:

Client responsible for:
- Providing information/content on time
- Testing and validation
- Third-party licenses (fonts, images)

5. Essential Document Checklist

For each client project:

• ✅ Service agreement signed
• ✅ NDA (if necessary)
• ✅ Project specifications (detailed)
• ✅ Quote accepted
• ✅ Invoices with payment deadlines
• ✅ Delivery receipts (email acceptable)

How ToBill Helps

Contract Management:

• Quote templates (becomes contract when accepted)
• Electronic signature integration (DocuSign, SwissSign)
• Document archiving (10-year retention)
• Automatic invoice generation from contract

Avoid disputes with clear, compliant documentation from the start.