������Ƶ

A Managed Services Agreement outlines how an external provider will handle specific business operations or IT services for your company. These contracts, governed by Swiss Code of Obligations, specify exactly what services you'll receive, performance standards, and how the provider will maintain your systems or processes over time.

The agreement protects both parties by clearly defining service levels, response times, and data security requirements - especially important under Swiss data protection laws. It typically covers pricing, problem escalation procedures, and liability limits, helping Swiss organizations maintain smooth operations while outsourcing key functions to specialized providers.

Consider putting a Managed Services Agreement in place when outsourcing critical business functions like IT infrastructure, cybersecurity, or data management to external providers in Switzerland. This becomes especially important when handling sensitive customer data or when operations require 24/7 technical support and maintenance.

The agreement proves essential for Swiss companies scaling their operations, lacking internal expertise, or needing specialized services while maintaining compliance with Swiss data protection regulations. It's particularly valuable when integrating cloud services, implementing new technology systems, or establishing long-term partnerships with service providers who will access your company's digital assets.

• Managed Services Contract: Basic framework for ongoing service delivery and performance standards
• Managed Services Service Level Agreement: Focuses on specific performance metrics and service guarantees
• Facilities Management Agreement: Specialized version for physical infrastructure and building management services
• Management Fee Agreement: Emphasizes compensation structures and payment terms
• Business Management Contract: Comprehensive version covering broader business operations and strategic services

• IT Service Providers: Companies offering technical support, cloud services, or cybersecurity solutions under Swiss regulations
• Client Organizations: Businesses seeking to outsource technical operations while maintaining compliance with Swiss data protection laws
• Legal Counsel: Internal or external lawyers who draft and review agreements to ensure Swiss legal compliance
• IT Directors: Technical leaders who define service requirements and monitor provider performance
• Data Protection Officers: Specialists ensuring agreements meet Swiss privacy standards and GDPR requirements
• Finance Teams: Professionals managing service costs and contract-related payments

• Service Scope: List all specific IT or business functions to be managed, including performance metrics and response times
• Provider Details: Gather complete information about the service provider's certifications, infrastructure, and Swiss business registration
• Data Handling: Document data storage locations, security measures, and compliance with Swiss data protection requirements
• Cost Structure: Define pricing models, payment terms, and any variable service costs
• Service Levels: Specify availability requirements, maintenance windows, and incident response procedures
• Exit Strategy: Plan transition procedures and data transfer protocols for contract termination

• Party Identification: Full legal names, addresses, and registration details of service provider and client
• Service Description: Detailed scope of services, delivery methods, and performance standards
• Data Protection: Compliance measures with Swiss Federal Act on Data Protection and cantonal regulations
• Service Levels: Specific metrics, reporting requirements, and response time commitments
• Liability Limitations: Clear boundaries of responsibility and insurance requirements under Swiss law
• Termination Rights: Conditions for contract ending, notice periods, and data transfer procedures
• Dispute Resolution: Swiss jurisdiction clause and applicable cantonal court specifications

A Managed Services Agreement differs significantly from a Consultancy Agreement in several key aspects under Swiss law. While both involve external service providers, their scope, duration, and operational integration vary considerably.

• Service Duration: Managed Services Agreements typically establish long-term, ongoing operational relationships, while Consultancy Agreements often focus on specific, time-limited projects or advisory roles
• Operational Integration: Managed service providers become deeply embedded in daily operations, handling routine tasks and maintenance. Consultants usually maintain independence and provide strategic guidance without direct operational control
• Performance Metrics: Managed Services Agreements include detailed service levels and continuous performance monitoring, whereas Consultancy Agreements often focus on delivering specific deliverables or recommendations
• Liability Structure: Managed service providers typically assume greater operational responsibility and ongoing risk, requiring more comprehensive liability provisions under Swiss law