Service Agreement Between Two Companies for Switzerland

Service Agreement Between Two Companies Template for Switzerland

A comprehensive service agreement template governed by Swiss law, designed for business-to-business relationships. This agreement establishes the terms and conditions under which one company provides specified services to another company. The document incorporates key provisions required under Swiss contract law, particularly the Swiss Code of Obligations, and includes detailed sections on service scope, payment terms, liability, intellectual property rights, and dispute resolution. It is structured to provide clarity and certainty while maintaining flexibility for various types of professional services.

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What is a Service Agreement Between Two Companies?

The Service Agreement Between Two Companies is a fundamental commercial contract used when one company wishes to engage another for the provision of specific services in Switzerland. This template is designed to comply with Swiss law, particularly the Swiss Code of Obligations (OR/CO), and addresses key aspects of the business relationship including service scope, delivery standards, payment terms, and risk allocation. It is particularly useful for ongoing service arrangements where clear performance metrics and accountability are essential. The document can be customized for various service types while maintaining core provisions required under Swiss law. It includes protective clauses for both parties and clearly defined mechanisms for contract management, dispute resolution, and termination.

What sections should be included in a Service Agreement Between Two Companies?

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

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Services: Detailed description of the services to be provided, including scope and deliverables

5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

6. Fees and Payment: Payment terms, invoicing procedures, and payment timeline

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 pre-existing and created IP

10. Confidentiality: Protection and handling of confidential information

11. Liability and Indemnification: Limitation of liability and indemnification obligations

12. Force Majeure: Provisions for unforeseeable circumstances preventing performance

13. General Provisions: Standard legal provisions including notices, assignment, and amendments

14. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

15. Execution: Signature blocks and execution formalities

What sections are optional to include in a Service Agreement Between Two Companies?

1. Service Levels: Specific performance metrics and standards, include when service quality measurements are critical

2. Data Protection: Specific provisions for handling personal data, required when personal data processing is involved

3. Insurance: Insurance requirements, include for high-risk or regulated services

4. Audit Rights: Right to audit service provider's operations, important for regulated industries or critical services

5. Business Continuity: Disaster recovery and business continuity requirements, essential for critical services

6. Non-Competition: Restrictions on competitive activities, relevant when sharing sensitive market information

7. Personnel: Requirements for staff qualifications and vetting, important when services involve key personnel

8. Compliance with Laws: Specific regulatory compliance obligations, necessary for regulated industries

9. Change Control: Process for managing changes to services or terms, useful for long-term or complex services

What schedules should be included in a Service Agreement Between Two Companies?

1. Schedule 1 - Service Description: Detailed technical specifications and scope of services

2. Schedule 2 - Service Levels: Detailed performance metrics, measurement methods, and remedies

3. Schedule 3 - Charges: Detailed pricing, payment structure, and rate cards

4. Schedule 4 - Key Personnel: List of key staff and their roles/responsibilities

5. Schedule 5 - Data Processing Agreement: Detailed data protection obligations if personal data is processed

6. Schedule 6 - Business Continuity Plan: Detailed procedures for ensuring service continuity

7. Schedule 7 - Change Control Procedure: Detailed process for implementing and documenting changes

8. Appendix A - Contact Details: List of key contacts and escalation procedures

9. Appendix B - Required Insurance: Specific insurance types and coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Professional Services

Management Consulting

Financial Services

Healthcare

Manufacturing

Telecommunications

Construction

Real Estate

Logistics and Transportation

Education and Training

Marketing and Advertising

Research and Development

Engineering

Facilities Management

Relevant Teams

Legal

Procurement

Finance

Operations

Commercial

Risk and Compliance

Business Development

Project Management

Account Management

Vendor Management

Service Delivery

Administrative

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

General Counsel

Legal Counsel

Procurement Manager

Contract Manager

Commercial Director

Operations Director

Project Manager

Account Manager

Business Development Manager

Risk Manager

Compliance Officer

Finance Director

Head of Operations

Service Delivery Manager

Vendor Management Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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