This document template is designed for organizations entering into outsourcing arrangements under Swiss law. The Outsourcing SLA establishes the contractual framework for service delivery, performance standards, and operational requirements while ensuring compliance with Swiss regulatory requirements. It is particularly relevant for regulated industries subject to FINMA oversight and organizations handling sensitive data under Swiss Federal Data Protection Act. The agreement incorporates mandatory Swiss law provisions, industry-specific requirements, and international best practices for outsourcing governance. This template should be used when establishing new outsourcing relationships or formalizing existing arrangements that require detailed service level commitments and performance metrics.
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1. Parties: Identification of contracting parties with full legal names and addresses
2. Background: Context of the outsourcing arrangement and business objectives
3. Definitions: Defined terms used throughout the agreement
4. Services Scope: Detailed description of services to be provided, including core obligations and deliverables
5. Service Levels: Specific performance metrics, measurement methods, and reporting requirements
6. Charges and Payment: Fee structure, payment terms, and invoicing procedures
7. Data Protection and Security: Compliance with Swiss FDPA and security requirements
8. Governance and Management: Service management, reporting structure, and escalation procedures
9. Personnel and Key Staff: Requirements for service provider staff, key personnel provisions
10. Intellectual Property Rights: Ownership and licensing of IP created or used in service delivery
11. Liability and Insurance: Liability caps, required insurance coverage, and indemnifications
12. Term and Termination: Contract duration, renewal terms, and termination rights
13. Exit Management: Transition assistance and knowledge transfer upon termination
14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Regulatory Compliance: Required for regulated industries (e.g., financial services) to address specific FINMA requirements
2. Business Continuity: Detailed disaster recovery requirements for critical services
3. Security Clearance: Required when services involve access to sensitive facilities or information
4. Environmental Requirements: Include when environmental compliance is relevant to service delivery
5. Social Responsibility: Optional section for incorporating ESG requirements
6. International Data Transfers: Required when services involve cross-border data flows
7. Subcontracting: Include detailed provisions when subcontracting is permitted
8. Change Control: Detailed procedures for service or contract modifications
1. Service Description: Detailed technical and operational service specifications
2. Service Levels and KPIs: Detailed metrics, measurement methods, and service credits
3. Pricing and Charging Model: Detailed fee calculations, rate cards, and pricing mechanisms
4. Data Processing Agreement: Detailed data protection terms compliant with Swiss FDPA
5. Technical Requirements: Infrastructure, system, and technical specifications
6. Governance Procedures: Detailed meeting schedules, reporting formats, and escalation procedures
7. Business Continuity Plan: Detailed disaster recovery and service continuity procedures
8. Exit Plan: Detailed transition and handover procedures
9. Personnel: Key personnel, roles, qualifications, and security requirements
10. Approved Subcontractors: List of pre-approved subcontractors and their roles
Relevant legal definitions
Acceptance Tests
Affiliate
Agreement
Applicable Law
Background IP
Business Day
Business Hours
Change Control Procedure
Charges
Confidential Information
Contract Year
Critical Service Levels
Customer Data
Customer Dependencies
Customer Environment
Data Protection Laws
Deliverables
Disaster Recovery Plan
Effective Date
Emergency Maintenance
Exit Plan
Force Majeure Event
Good Industry Practice
Governance Body
Implementation Plan
Incident
Initial Term
Intellectual Property Rights
Key Personnel
Maintenance Window
Material Breach
Milestone
Operating Environment
Performance Credits
Personal Data
Planned Maintenance
Project Manager
Related Agreements
Relief Event
Reports
Response Time
Resolution Time
Service Credits
Service Levels
Services
Service Provider Systems
Service Recipient
Sites
SLA
Specifications
Subcontractor
Term
Termination Assistance
Transition Period
Transition Plan
Working Hours
Affiliate
Agreement
Applicable Law
Background IP
Business Day
Business Hours
Change Control Procedure
Charges
Confidential Information
Contract Year
Critical Service Levels
Customer Data
Customer Dependencies
Customer Environment
Data Protection Laws
Deliverables
Disaster Recovery Plan
Effective Date
Emergency Maintenance
Exit Plan
Force Majeure Event
Good Industry Practice
Governance Body
Implementation Plan
Incident
Initial Term
Intellectual Property Rights
Key Personnel
Maintenance Window
Material Breach
Milestone
Operating Environment
Performance Credits
Personal Data
Planned Maintenance
Project Manager
Related Agreements
Relief Event
Reports
Response Time
Resolution Time
Service Credits
Service Levels
Services
Service Provider Systems
Service Recipient
Sites
SLA
Specifications
Subcontractor
Term
Termination Assistance
Transition Period
Transition Plan
Working Hours
Clauses
Service Provision
Service Levels
Performance Monitoring
Charges
Invoicing
Payment Terms
Data Protection
Data Security
Confidentiality
Intellectual Property
Personnel
Key Personnel
Governance
Audit Rights
Compliance
Regulatory Requirements
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term
Termination
Exit Management
Business Continuity
Disaster Recovery
Subcontracting
Assignment
Non-Solicitation
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Bribery
Competition Law
Service Transfer
Asset Transfer
Warranties
Service Credits
Reporting
Escalation Procedures
Service Levels
Performance Monitoring
Charges
Invoicing
Payment Terms
Data Protection
Data Security
Confidentiality
Intellectual Property
Personnel
Key Personnel
Governance
Audit Rights
Compliance
Regulatory Requirements
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term
Termination
Exit Management
Business Continuity
Disaster Recovery
Subcontracting
Assignment
Non-Solicitation
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Bribery
Competition Law
Service Transfer
Asset Transfer
Warranties
Service Credits
Reporting
Escalation Procedures
Relevant Industries
Financial Services
Banking
Insurance
Information Technology
Manufacturing
Healthcare
Pharmaceutical
Telecommunications
Professional Services
Retail
Energy
Transportation
Logistics
Relevant Teams
Legal
Procurement
Information Technology
Compliance
Risk Management
Operations
Finance
Information Security
Data Protection
Vendor Management
Business Operations
Internal Audit
Relevant Roles
Chief Information Officer
Head of Procurement
Legal Counsel
Compliance Officer
Risk Manager
Vendor Management Director
Operations Director
Chief Technology Officer
Data Protection Officer
Service Delivery Manager
Contract Manager
Chief Financial Officer
Head of IT
Sourcing Manager
Business Unit Director
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