This Client Service Agreement template is designed for use under Swiss law when establishing a formal service relationship between a service provider and client. It is particularly suitable for professional services, consulting arrangements, and ongoing service delivery relationships where clear terms and conditions are essential. The agreement incorporates mandatory provisions required by Swiss law, including those from the Swiss Code of Obligations (OR), while providing flexibility to accommodate various service types and business requirements. It addresses key areas such as service scope, performance standards, payment terms, liability, data protection, and dispute resolution, all tailored to Swiss legal requirements. The document is structured to protect both parties' interests while ensuring compliance with Swiss federal legislation and commercial practices.
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1. Parties: Identification and details of the service provider and the client, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and brief description of the parties' intention to enter into a service relationship
3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation
4. Scope of Services: Detailed description of services to be provided, including core deliverables and service standards
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances under which either party may terminate
6. Fees and Payment Terms: Service fees, payment schedule, invoicing procedures, and late payment consequences
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider, including quality standards and delivery timeframes
8. Client's Obligations: Client's responsibilities, including cooperation requirements and information provision
9. Intellectual Property Rights: Ownership and usage rights of any IP created or used during service provision
10. Confidentiality: Protection of confidential information exchanged during the service relationship
11. Data Protection: Compliance with Swiss data protection laws and handling of personal data
12. Liability and Indemnification: Limitations of liability and indemnification obligations under Swiss law
13. Force Majeure: Events excusing performance and their consequences
14. General Provisions: Standard clauses including notices, amendments, assignment, and severability
15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Service Levels: Detailed performance metrics and standards, used for complex service arrangements
2. Compliance with Laws: Specific regulatory compliance obligations, particularly relevant for regulated industries
3. Insurance: Insurance requirements, recommended for high-risk or high-value services
4. Personnel: Requirements for staff providing services, including qualifications and security clearances
5. Subcontracting: Rights and restrictions regarding use of subcontractors
6. Audit Rights: Client's rights to audit service provider's performance, important for regulated industries
7. Business Continuity: Disaster recovery and business continuity requirements for critical services
8. Non-Competition: Restrictions on competitive activities, if relevant to the service relationship
9. Change Control: Procedures for managing changes to services or agreement terms
10. Exit Assistance: Transition support requirements upon termination, important for complex services
1. Schedule 1 - Service Description: Detailed specification of services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, measurement methods, and remedies
4. Schedule 4 - Key Personnel: Details of key staff assigned to provide the services
5. Schedule 5 - Data Processing Agreement: Detailed terms for personal data processing in compliance with Swiss law
6. Schedule 6 - Security Requirements: IT and physical security requirements for service delivery
7. Appendix A - Contact Details: Key contacts and escalation procedures
8. Appendix B - Required Documentation: List of documents to be maintained or delivered during service provision
Relevant legal definitions
Agreement
Applicable Law
Business Day
Charges
Client
Client Materials
Confidential Information
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Project
Service Level Agreement
Services
Service Provider
Service Provider Materials
Service Requirements
Service Standard
Specification
Staff
Subcontractor
Term
Territory
Third Party
Working Hours
Work Product
Applicable Law
Business Day
Charges
Client
Client Materials
Confidential Information
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Personal Data
Project
Service Level Agreement
Services
Service Provider
Service Provider Materials
Service Requirements
Service Standard
Specification
Staff
Subcontractor
Term
Territory
Third Party
Working Hours
Work Product
Clauses
Interpretation
Services
Duration
Payment
Service Standards
Client Obligations
Service Provider Obligations
Key Personnel
Intellectual Property
Confidentiality
Data Protection
Liability
Force Majeure
Termination
Exit Management
Assignment and Subcontracting
Change Control
Audit Rights
Insurance
Notices
Anti-Corruption
Non-Solicitation
Non-Competition
Dispute Resolution
Governing Law
Severability
Entire Agreement
Variation
Third Party Rights
Waiver
Compliance with Laws
Business Continuity
Service Levels
Record Keeping
Reporting
Services
Duration
Payment
Service Standards
Client Obligations
Service Provider Obligations
Key Personnel
Intellectual Property
Confidentiality
Data Protection
Liability
Force Majeure
Termination
Exit Management
Assignment and Subcontracting
Change Control
Audit Rights
Insurance
Notices
Anti-Corruption
Non-Solicitation
Non-Competition
Dispute Resolution
Governing Law
Severability
Entire Agreement
Variation
Third Party Rights
Waiver
Compliance with Laws
Business Continuity
Service Levels
Record Keeping
Reporting
Relevant Industries
Professional Services
Information Technology
Management Consulting
Financial Services
Legal Services
Healthcare Services
Engineering Services
Marketing and Advertising
Educational Services
Real Estate Services
Business Process Outsourcing
Environmental Services
Research and Development
Telecommunications
Relevant Teams
Legal
Procurement
Operations
Commercial
Business Development
Contract Administration
Risk and Compliance
Finance
Client Relations
Service Delivery
Relevant Roles
Legal Counsel
Contract Manager
Business Development Manager
Account Executive
Project Manager
Operations Director
Chief Operating Officer
Procurement Manager
Commercial Director
Risk Manager
Compliance Officer
Service Delivery Manager
Client Relations Manager
Chief Financial Officer
General Counsel
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