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This Cloud Services Agreement template is designed for use in Switzerland and incorporates requirements under Swiss federal law, including the Federal Data Protection Act (FADP) and Swiss Code of Obligations. It is primarily used when establishing a contractual relationship between cloud service providers and their customers for the provision of cloud-based services, applications, or infrastructure. The agreement covers essential elements such as service specifications, data protection, security measures, service levels, and liability provisions. It is particularly relevant for businesses operating in or from Switzerland, or those serving Swiss customers, and can be adapted for various cloud service models (SaaS, PaaS, IaaS). The document structure ensures compliance with Swiss regulatory requirements while addressing practical operational needs in cloud service delivery.

1. Parties: Identification of the contracting parties - the cloud service provider and the customer

2. Background: Context of the agreement and brief description of the services to be provided

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

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

5. Service Provider Obligations: Core obligations of the provider including service delivery, maintenance, and support

6. Customer Obligations: Customer responsibilities, including payment, cooperation, and acceptable use policies

7. Fees and Payment: Pricing, payment terms, invoicing, and related financial provisions

8. Data Protection and Security: Obligations regarding data protection under Swiss FADP, security measures, and data handling

9. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of the services and related materials

10. Confidentiality: Protection of confidential information exchanged between the parties

11. Service Levels: Service level commitments, measurement, and remedies for failure

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

15. General Provisions: Standard legal provisions including governing law, jurisdiction, and dispute resolution