The Enterprise Subscription Agreement is designed for use when a service provider offers subscription-based services to enterprise-level customers in or from Switzerland. This document is particularly relevant when the services involve ongoing access to software, platforms, or other digital services on a subscription basis. The agreement addresses Swiss legal requirements, including compliance with the Federal Act on Data Protection and the Swiss Code of Obligations. It typically covers service specifications, user access rights, data processing terms, service levels, support services, and commercial terms. The Enterprise Subscription Agreement is structured to accommodate both single-entity and group-wide subscriptions, with flexibility to adapt to specific enterprise requirements while maintaining compliance with Swiss legal frameworks.

1. Parties: Identification of contracting parties including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the parties' business relationship and purpose of the subscription

3. Definitions: Defined terms used throughout the agreement including Subscription Services, Authorized Users, Subscription Term, etc.

4. Subscription Services: Detailed description of services provided, access rights, and service levels

5. Term and Renewal: Initial term, automatic renewal provisions, and termination notice periods

6. Fees and Payment: Subscription fees, payment terms, invoicing schedule, and late payment consequences

7. Service Level Agreement: Performance standards, availability commitments, and remedies for failure

8. Customer Obligations: Customer responsibilities, acceptable use policy, and user management

9. Data Protection and Security: Data handling obligations, security measures, and compliance with Swiss data protection laws

10. Intellectual Property Rights: Ownership of IP, license grants, and restrictions

11. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms

12. Warranties and Disclaimers: Service warranties, disclaimer of warranties, and warranty limitations

13. Limitation of Liability: Liability caps, exclusions, and carve-outs

14. Termination: Termination rights, consequences of termination, and data return/deletion

15. General Provisions: Standard clauses including governing law, jurisdiction, assignment, and entire agreement