This Professional Services Contract template is designed for use in Switzerland when engaging external professional service providers or consultants. It complies with Swiss law, particularly the Swiss Code of Obligations (OR), and addresses both service contract (Auftragsrecht) and work contract (Werkvertrag) elements. The document is typically used when a company needs to engage professional expertise not available internally, whether for specific projects or ongoing services. It includes essential provisions for scope definition, payment terms, intellectual property rights, confidentiality, and data protection, while incorporating specific Swiss legal requirements. The contract is structured to protect both parties' interests while maintaining the flexibility needed for professional service relationships, making it suitable for various service arrangements from short-term consultancy to long-term professional engagements.
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1. Parties: Identification and details of the service provider and client, including registered addresses and company details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the professional services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Service fees, payment schedule, expenses, and invoicing procedures
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Data Protection: Compliance with Swiss data protection laws and data handling procedures
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Specification of Swiss law and jurisdiction for dispute resolution
15. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Insurance: Requirements for professional liability insurance and other coverage, relevant for high-risk services
2. Non-Competition: Restrictions on competitive activities, used when service provider may compete with client
3. Service Levels: Specific performance metrics and standards, relevant for measurable services
4. Compliance with Laws: Specific regulatory compliance requirements, important for regulated industries
5. Personnel: Requirements for staff qualifications and substitution, relevant when specific expertise is required
6. Subcontracting: Terms for engaging subcontractors, used when subcontracting may be needed
7. Audit Rights: Client's right to audit service provider's performance, important for regulated services or complex projects
8. Business Continuity: Disaster recovery and business continuity requirements, crucial for essential services
9. Assignment: Rights and restrictions regarding contract assignment, relevant for potential corporate changes
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: List of key team members and their qualifications
5. Schedule 5 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law
6. Appendix A - Project Timeline: Detailed project phases and milestones
7. Appendix B - Technical Requirements: Technical specifications and requirements for service delivery
8. Appendix C - Compliance Requirements: Specific regulatory and compliance requirements
Relevant legal definitions
Agreement
Applicable Law
Business Day
Change Order
Client
Client Materials
Confidential Information
Data Protection Laws
Deliverables
Documentation
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Losses
Personal Data
Pre-existing Materials
Professional Services
Project
Project Manager
Project Plan
Service Level Agreement
Service Provider
Services
Specifications
Subcontractor
Term
Third Party
Work Product
Working Hours
Acceptance Criteria
Affiliate
Background IP
Completion Date
Foreground IP
Material Breach
Milestone
Payment Schedule
Personnel
Quality Standards
Records
Schedule
Service Location
Statement of Work
Success Criteria
Termination Date
Applicable Law
Business Day
Change Order
Client
Client Materials
Confidential Information
Data Protection Laws
Deliverables
Documentation
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Losses
Personal Data
Pre-existing Materials
Professional Services
Project
Project Manager
Project Plan
Service Level Agreement
Service Provider
Services
Specifications
Subcontractor
Term
Third Party
Work Product
Working Hours
Acceptance Criteria
Affiliate
Background IP
Completion Date
Foreground IP
Material Breach
Milestone
Payment Schedule
Personnel
Quality Standards
Records
Schedule
Service Location
Statement of Work
Success Criteria
Termination Date
Clauses
Interpretation
Services Scope
Term
Fees and Payment
Service Provider Obligations
Client Obligations
Performance Standards
Change Control
Acceptance
Key Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Privacy
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Non-Solicitation
Non-Competition
Assignment
Notice
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Force Majeure
Compliance with Laws
Anti-Corruption
Record Keeping
Business Continuity
Service Levels
Quality Assurance
Reporting
VAT and Taxation
Services Scope
Term
Fees and Payment
Service Provider Obligations
Client Obligations
Performance Standards
Change Control
Acceptance
Key Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Privacy
Audit Rights
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Exit Management
Non-Solicitation
Non-Competition
Assignment
Notice
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Force Majeure
Compliance with Laws
Anti-Corruption
Record Keeping
Business Continuity
Service Levels
Quality Assurance
Reporting
VAT and Taxation
Relevant Industries
Professional Services
Management Consulting
Information Technology
Financial Services
Engineering
Healthcare
Legal Services
Architecture
Marketing and Advertising
Education and Training
Environmental Services
Human Resources
Research and Development
Relevant Teams
Legal
Procurement
Finance
Operations
Project Management Office
Commercial
Risk Management
Compliance
Human Resources
Business Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
General Counsel
Procurement Manager
Project Manager
Contract Manager
Legal Counsel
Finance Director
Operations Director
Head of Consulting
Managing Partner
Commercial Director
Business Development Manager
Technical Director
HR Director
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