This Subscription Contract template is designed for use under Swiss law when establishing recurring service or product access arrangements between providers and subscribers. It is particularly relevant for businesses offering ongoing services, digital access, or regular product delivery on a subscription basis. The contract incorporates essential elements required under Swiss contract law, including detailed service descriptions, payment terms, duration, and termination provisions. It addresses key aspects such as data protection under the Swiss Federal Act on Data Protection (FADP), consumer protection requirements, and e-commerce regulations where applicable. This template is suitable for both B2B and B2C relationships, with appropriate adaptations for consumer protection requirements in B2C contexts.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general purpose of the subscription
3. Definitions: Key terms used throughout the agreement
4. Service Description: Detailed description of the subscription services or products being provided
5. Subscription Term: Duration of the subscription, including start date, renewal terms, and termination conditions
6. Fees and Payment Terms: Subscription costs, payment schedule, payment methods, and late payment consequences
7. Service Level Commitments: Performance standards, availability, and quality commitments for the service
8. User Rights and Restrictions: Scope of user access, usage limitations, and restrictions
9. Data Protection and Privacy: Handling of personal data in compliance with Swiss FADP
10. Termination: Grounds for termination, notice periods, and consequences of termination
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Service Level Credits: Include when offering specific remedies for service level failures
2. Intellectual Property Rights: Include when the subscription involves software, content, or other IP-protected materials
3. Implementation and Onboarding: Include when the service requires specific setup or implementation processes
4. User Support: Include when offering specific support services or help desk facilities
5. Security Requirements: Include when the service involves sensitive data or specific security protocols
6. Disaster Recovery: Include when service continuity is critical
7. Insurance: Include when specific insurance coverage is required
8. Audit Rights: Include when usage monitoring or compliance verification is necessary
1. Service Description Schedule: Detailed technical specifications and service features
2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
3. Pricing Schedule: Detailed fee structure, including any tiered pricing or volume discounts
4. Data Processing Agreement: Detailed terms for personal data processing in compliance with Swiss FADP
5. Acceptable Use Policy: Detailed rules and guidelines for service usage
6. Technical Requirements: Specific technical requirements for accessing and using the service
7. Support Services Schedule: Detailed description of support levels and response times
Relevant legal definitions
Agreement
Subscription
Subscription Term
Initial Term
Renewal Term
Service
Service Level Agreement
Fees
Billing Cycle
Billing Date
Authorized Users
Access Credentials
Confidential Information
Data Protection Laws
Personal Data
Subscription Period
Force Majeure
Intellectual Property Rights
Documentation
Business Day
Service Credits
Platform
User Account
Usage Data
Payment Method
Service Provider
Subscriber
Effective Date
Go-Live Date
Implementation Period
Support Services
Maintenance Window
Emergency Maintenance
Service Specifications
Acceptable Use Policy
Territory
Affiliate
Material Breach
Notice Period
Service Credits
Subscription Fee
Additional Services
Upgrade
Downgrade
Premium Features
Basic Features
API
Integration
System Requirements
User Interface
Service Availability
Response Time
Resolution Time
Critical Incident
Non-Critical Incident
Subscription
Subscription Term
Initial Term
Renewal Term
Service
Service Level Agreement
Fees
Billing Cycle
Billing Date
Authorized Users
Access Credentials
Confidential Information
Data Protection Laws
Personal Data
Subscription Period
Force Majeure
Intellectual Property Rights
Documentation
Business Day
Service Credits
Platform
User Account
Usage Data
Payment Method
Service Provider
Subscriber
Effective Date
Go-Live Date
Implementation Period
Support Services
Maintenance Window
Emergency Maintenance
Service Specifications
Acceptable Use Policy
Territory
Affiliate
Material Breach
Notice Period
Service Credits
Subscription Fee
Additional Services
Upgrade
Downgrade
Premium Features
Basic Features
API
Integration
System Requirements
User Interface
Service Availability
Response Time
Resolution Time
Critical Incident
Non-Critical Incident
Clauses
Subscription Terms
Payment Terms
Service Level Requirements
Data Protection
Confidentiality
Intellectual Property
Term and Termination
Service Access
User Rights
Account Management
Service Delivery
Support Services
Warranties
Liability Limitation
Force Majeure
Assignment
Modifications
Notice Requirements
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Usage Restrictions
Service Availability
Implementation
Acceptance Testing
Security Requirements
Disaster Recovery
Audit Rights
Insurance
Indemnification
Performance Monitoring
Reporting
Renewal Terms
Price Adjustment
Service Credits
Exit Assistance
Non-Solicitation
Third Party Rights
Compliance with Laws
Documentation
Training
Maintenance
Payment Terms
Service Level Requirements
Data Protection
Confidentiality
Intellectual Property
Term and Termination
Service Access
User Rights
Account Management
Service Delivery
Support Services
Warranties
Liability Limitation
Force Majeure
Assignment
Modifications
Notice Requirements
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Variation
Waiver
Usage Restrictions
Service Availability
Implementation
Acceptance Testing
Security Requirements
Disaster Recovery
Audit Rights
Insurance
Indemnification
Performance Monitoring
Reporting
Renewal Terms
Price Adjustment
Service Credits
Exit Assistance
Non-Solicitation
Third Party Rights
Compliance with Laws
Documentation
Training
Maintenance
Relevant Industries
Software and Technology
Media and Entertainment
Professional Services
Healthcare
Financial Services
Education
Telecommunications
Cloud Services
Digital Content
Consulting Services
Software as a Service (SaaS)
E-commerce
Fitness and Wellness
Information Services
Relevant Teams
Legal
Commercial
Sales
Operations
Finance
Compliance
Customer Success
Account Management
Product Management
Information Technology
Revenue Operations
Service Delivery
Risk Management
Data Protection
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Business Development Manager
Sales Director
Product Manager
Operations Manager
Compliance Officer
Account Manager
Customer Success Manager
Chief Financial Officer
Revenue Manager
Service Delivery Manager
Chief Technology Officer
Privacy Officer
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