The IT Service Agreement is essential for organizations engaging external providers for their information technology needs under Swiss jurisdiction. This contract type is specifically designed to govern the relationship between IT service providers and their clients, detailing service scope, performance metrics, and compliance requirements under Swiss law. It's particularly crucial given Switzerland's strict data protection regime and specific contract law requirements under the Swiss Code of Obligations. The agreement typically covers various IT services including software development, system maintenance, cloud services, and technical support, while ensuring compliance with Swiss regulatory requirements and industry standards. It's commonly used by both Swiss-based organizations and international companies operating in Switzerland who need to ensure their IT service arrangements meet local legal requirements.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Services: Detailed description of IT services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Key responsibilities and commitments of the customer
7. Service Levels: Performance standards and metrics for the services
8. Charges and Payment: Pricing, payment terms, and invoicing arrangements
9. Data Protection and Security: Compliance with Swiss data protection laws and security requirements
10. Intellectual Property Rights: Ownership and licensing of IP created or used in the services
11. Confidentiality: Protection of confidential information
12. Liability and Indemnities: Allocation of risks and liability caps
13. Term and Termination: Duration, renewal, and termination provisions
14. Force Majeure: Handling of events beyond parties' reasonable control
15. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Change Control: Process for managing changes to services - include for complex or long-term agreements
2. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
3. Staff and Key Personnel: Requirements for service provider personnel - include if specific staff or roles are crucial
4. Transition Services: Implementation and handover arrangements - include for complex service transitions
5. Compliance and Audit: Regulatory compliance and audit rights - include for regulated services or customers
6. Insurance: Insurance requirements - include for high-risk or high-value services
7. Anti-Bribery and Corruption: Compliance with anti-corruption laws - include for international services or public sector customers
8. Environmental Requirements: Environmental standards and commitments - include if environmentally sensitive
1. Service Description: Detailed technical specifications of services
2. Service Levels and Service Credits: Detailed SLA metrics, measurement, and service credit calculations
3. Charges: Detailed pricing, rate cards, and payment terms
4. Security Requirements: Detailed security policies and requirements
5. Data Processing Agreement: Detailed data protection terms compliant with Swiss law
6. Business Continuity Plan: Detailed business continuity and disaster recovery procedures
7. Form of Change Order: Template for documenting agreed changes
8. Exit Plan: Detailed termination assistance and transition out procedures
Relevant legal definitions
Agreement
Acceptance Criteria
Authorised Representatives
Business Day
Business Hours
Change Control Procedure
Charges
Confidential Information
Customer
Customer Data
Customer Materials
Data Protection Laws
Deliverables
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
Good Industry Practice
Incident
Initial Term
Intellectual Property Rights
Key Personnel
Maintenance Window
Personal Data
Planned Maintenance
Project Plan
Resolution Time
Response Time
Security Requirements
Service Credits
Service Levels
Services
Service Provider
Service Provider Systems
Software
Specification
Subcontractor
Term
Third Party Materials
Transition Period
Virus
Vulnerability
Working Hours
Disaster Recovery Plan
Exit Plan
Implementation Services
Loss
Milestone
Support Services
Service Commencement Date
System
Updates
Upgrades
Acceptance Criteria
Authorised Representatives
Business Day
Business Hours
Change Control Procedure
Charges
Confidential Information
Customer
Customer Data
Customer Materials
Data Protection Laws
Deliverables
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
Good Industry Practice
Incident
Initial Term
Intellectual Property Rights
Key Personnel
Maintenance Window
Personal Data
Planned Maintenance
Project Plan
Resolution Time
Response Time
Security Requirements
Service Credits
Service Levels
Services
Service Provider
Service Provider Systems
Software
Specification
Subcontractor
Term
Third Party Materials
Transition Period
Virus
Vulnerability
Working Hours
Disaster Recovery Plan
Exit Plan
Implementation Services
Loss
Milestone
Support Services
Service Commencement Date
System
Updates
Upgrades
Clauses
Interpretation
Service Provision
Service Levels
Customer Obligations
Service Provider Obligations
Charges
Payment
Intellectual Property Rights
Data Protection
Information Security
Confidentiality
Audit Rights
Performance Monitoring
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term and Duration
Termination
Exit Management
Staff and Resources
Subcontracting
Assignment
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Anti-Corruption
Business Continuity
Disaster Recovery
Regulatory Compliance
Service Credits
Acceptance Testing
Implementation
Warranties
Documentation
Training
Maintenance
Support Services
Security Breaches
Software License
Hardware Provisions
Cloud Services
Service Availability
Data Backup
Transition Services
Service Provision
Service Levels
Customer Obligations
Service Provider Obligations
Charges
Payment
Intellectual Property Rights
Data Protection
Information Security
Confidentiality
Audit Rights
Performance Monitoring
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term and Duration
Termination
Exit Management
Staff and Resources
Subcontracting
Assignment
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Anti-Corruption
Business Continuity
Disaster Recovery
Regulatory Compliance
Service Credits
Acceptance Testing
Implementation
Warranties
Documentation
Training
Maintenance
Support Services
Security Breaches
Software License
Hardware Provisions
Cloud Services
Service Availability
Data Backup
Transition Services
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government
Insurance
Pharmaceuticals
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Finance
Data Protection
Vendor Management
Project Management
Service Delivery
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
Procurement Manager
Legal Counsel
Data Protection Officer
IT Project Manager
Contract Manager
Information Security Manager
Risk Manager
Operations Director
Chief Financial Officer
Compliance Officer
Service Delivery Manager
Technical Account Manager
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