The Shared Services Agreement is essential for organizations implementing centralized service delivery models in Switzerland. It is commonly used when companies want to consolidate support functions such as IT, HR, finance, or procurement into a single entity to achieve operational efficiencies and cost savings. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations, data protection laws, and employment regulations. This document type is crucial for defining service scope, performance standards, cost allocation, governance structures, and risk allocation between the service provider and recipient entities. It includes detailed provisions for service delivery, quality metrics, pricing mechanisms, and operational procedures, while addressing Swiss-specific regulatory requirements and market practices.
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1. Parties: Identification of the service provider and service recipient entities, including their registered details
2. Background: Context of the agreement, relationship between parties, and purpose of the shared services arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Services: Overview of services to be provided, service standards, and delivery requirements
5. Service Levels: Performance metrics, measurement methods, and reporting requirements
6. Charges and Payment: Pricing structure, payment terms, invoicing procedures, and cost allocation methods
7. Governance and Management: Management structure, reporting lines, escalation procedures, and regular review processes
8. Data Protection and Confidentiality: Obligations regarding data protection, confidentiality, and information security
9. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery
10. Personnel: Staff obligations, qualifications, and requirements for service delivery
11. Liability and Indemnities: Allocation of risks, limitation of liability, and indemnification provisions
12. Term and Termination: Duration, renewal options, termination rights, and consequences of termination
13. Force Majeure: Events excusing performance and related procedures
14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, and jurisdiction
1. Transition Services: Details of transition arrangements when implementing or terminating services - include if there's a complex transition period
2. Business Continuity and Disaster Recovery: Requirements for service continuity and recovery - include for critical services
3. Audit Rights: Rights to audit service provision and compliance - include for regulated services or when required by law
4. Parent Company Guarantee: Guarantee from parent company - include when financial security is required
5. Insurance: Specific insurance requirements - include for high-risk services
6. Anti-Corruption and Compliance: Specific compliance obligations - include for cross-border or regulated services
7. Change Control: Formal process for changes to services or agreement - include for complex service arrangements
1. Schedule 1 - Services Description: Detailed description of each service, including scope, deliverables, and exclusions
2. Schedule 2 - Service Levels and KPIs: Detailed service levels, performance indicators, and measurement methods
3. Schedule 3 - Charges: Detailed pricing, cost allocation, and charging mechanisms
4. Schedule 4 - Governance Procedures: Detailed governance structure, meeting schedules, and escalation procedures
5. Schedule 5 - Data Processing Agreement: Detailed data protection obligations and procedures
6. Schedule 6 - Personnel: Key personnel, qualifications, and specific personnel obligations
7. Schedule 7 - Technical Requirements: Technical specifications and requirements for service delivery
8. Schedule 8 - Contact Details: Contact information for key personnel and authorized representatives
Relevant legal definitions
Agreement
Affiliate
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Deliverables
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Governance Body
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
Material Breach
Notice
Personal Data
Personnel
Provider Personnel
Recipient Personnel
Service Credits
Service Levels
Services
Service Provider
Service Recipient
Specification
Subcontractor
Term
Termination Date
Transition Period
Transition Plan
Working Hours
Change Control Procedure
Disaster Recovery Plan
Emergency
Escalation Procedure
Implementation Plan
Key Personnel
Operating Level Agreement
Performance Report
Quality Standards
Regulatory Requirements
Service Delivery Location
Service Failure
System
Affiliate
Applicable Law
Business Day
Charges
Commencement Date
Confidential Information
Contract Year
Data Protection Laws
Deliverables
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Governance Body
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
Material Breach
Notice
Personal Data
Personnel
Provider Personnel
Recipient Personnel
Service Credits
Service Levels
Services
Service Provider
Service Recipient
Specification
Subcontractor
Term
Termination Date
Transition Period
Transition Plan
Working Hours
Change Control Procedure
Disaster Recovery Plan
Emergency
Escalation Procedure
Implementation Plan
Key Personnel
Operating Level Agreement
Performance Report
Quality Standards
Regulatory Requirements
Service Delivery Location
Service Failure
System
Clauses
Interpretation
Service Provision
Service Levels
Performance Monitoring
Charges and Payment
Invoicing
Personnel
Subcontracting
Data Protection
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Term and Duration
Termination
Exit Management
Change Control
Dispute Resolution
Governance
Audit Rights
Assignment and Transfer
Notices
Entire Agreement
Severability
Amendments
No Partnership
Third Party Rights
Compliance with Laws
Anti-Corruption
Business Continuity
Disaster Recovery
Quality Assurance
Record Keeping
Reporting
Security
Service Implementation
Transition Services
Non-Solicitation
Governing Law
Jurisdiction
Service Provision
Service Levels
Performance Monitoring
Charges and Payment
Invoicing
Personnel
Subcontracting
Data Protection
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Term and Duration
Termination
Exit Management
Change Control
Dispute Resolution
Governance
Audit Rights
Assignment and Transfer
Notices
Entire Agreement
Severability
Amendments
No Partnership
Third Party Rights
Compliance with Laws
Anti-Corruption
Business Continuity
Disaster Recovery
Quality Assurance
Record Keeping
Reporting
Security
Service Implementation
Transition Services
Non-Solicitation
Governing Law
Jurisdiction
Relevant Industries
Financial Services
Manufacturing
Technology
Healthcare
Professional Services
Retail
Energy
Telecommunications
Consumer Goods
Transportation and Logistics
Pharmaceuticals
Insurance
Relevant Teams
Legal
Finance
Operations
Procurement
Human Resources
Information Technology
Compliance
Risk Management
Commercial
Business Development
Service Delivery
Strategy
Relevant Roles
Chief Financial Officer
Chief Operating Officer
Head of Shared Services
Legal Counsel
Commercial Director
Procurement Manager
HR Director
IT Director
Finance Director
Operations Manager
Service Delivery Manager
Compliance Officer
Risk Manager
Business Unit Head
Contract Manager
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