Client Agreement for Switzerland

Client Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that establishes the formal relationship between a service provider and their client. This agreement outlines the scope of services, responsibilities of both parties, payment terms, and other essential conditions of the business relationship. It incorporates specific requirements under Swiss federal legislation, including the Swiss Code of Obligations and relevant regulatory frameworks, while ensuring compliance with Swiss data protection laws and industry-specific regulations. The agreement serves as the primary contractual framework for ongoing service delivery and business relationships in Switzerland.

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What is a Client Agreement?

The Client Agreement serves as the foundational document for establishing and managing professional service relationships under Swiss law. This document is essential when a business or professional service provider enters into a formal engagement with clients, whether they are individuals, corporations, or institutions. The agreement comprehensively addresses key aspects such as service scope, delivery terms, payment conditions, and regulatory compliance requirements. It is specifically designed to comply with Swiss legal requirements, including the Swiss Code of Obligations, data protection regulations, and industry-specific legislation. The Client Agreement is particularly crucial in regulated industries where clear documentation of the service relationship is mandatory, and it helps prevent misunderstandings by clearly defining the rights, obligations, and expectations of all parties involved.

What sections should be included in a Client Agreement?

1. Parties: Identification of the service provider and the client with full legal names and addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Scope of Services: Detailed description of services to be provided under the agreement

5. Client Obligations: Client's responsibilities and commitments under the agreement

6. Service Provider Obligations: Service provider's commitments and service standards

7. Fees and Payment Terms: Fee structure, payment schedule, and payment methods

8. Data Protection and Confidentiality: Provisions for handling personal data and confidential information in compliance with Swiss FADP

9. Intellectual Property Rights: Ownership and usage rights of intellectual property

10. Liability and Indemnification: Limitations of liability and indemnification provisions in accordance with Swiss law

11. Term and Termination: Duration of agreement and conditions for termination

12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Client Agreement?

1. Regulatory Compliance: Required when services fall under specific Swiss regulatory frameworks like FinSA or FinIA

2. Insurance Requirements: Needed when specific insurance coverage is required for the services

3. Service Levels: Include when specific performance metrics and standards need to be measured and maintained

4. Subcontracting: Required when the service provider may need to engage subcontractors

5. Force Majeure: Optional but recommended for long-term service relationships

6. Anti-Money Laundering: Required for financial services or when handling client funds

7. Compliance with Sanctions: Important for international business relationships

8. Business Continuity: Relevant for critical services or long-term business relationships

What schedules should be included in a Client Agreement?

1. Schedule 1 - Service Description: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements

4. Schedule 4 - Data Processing Agreement: Detailed terms for personal data processing in compliance with Swiss FADP

5. Schedule 5 - Contact Details: Key contacts and escalation procedures

6. Appendix A - Technical Requirements: Technical specifications or requirements for service delivery

7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use

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