The Service Purchase Agreement is a fundamental commercial contract used when one party (the service provider) agrees to provide specific services to another party (the customer) under Swiss law. This document is essential for businesses operating in Switzerland or choosing Swiss law as their governing law, as it must comply with the Swiss Code of Obligations and related regulations. The agreement typically covers service specifications, delivery terms, quality standards, payment conditions, and risk allocation between parties. It's particularly important for establishing clear performance metrics, compliance requirements, and dispute resolution mechanisms. The document can be customized for various service types, from professional consulting to technical services, while maintaining compliance with Swiss legal requirements.
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1. Parties: Identification and details of the service provider and customer, including registered addresses and company details
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. Scope of Services: Detailed description of the services to be provided, including any deliverables
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and late payment consequences
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Customer's Obligations: Key responsibilities and commitments of the customer
9. Service Levels: Performance standards and quality requirements for the services
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Force Majeure: Provisions for handling events beyond reasonable control
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
16. Execution: Signature blocks and execution details
1. Data Protection: Required when services involve processing personal data, addressing FADP compliance
2. Compliance with Laws: Specific compliance obligations relevant to regulated industries or specialized services
3. Insurance: Insurance requirements when services involve significant risks or high-value deliverables
4. Non-Competition: Restrictions on competitive activities, if relevant to the service relationship
5. Assignment and Subcontracting: Rules for transferring rights or obligations and use of subcontractors
6. Change Control: Procedures for managing changes to services or requirements
7. Audit Rights: Customer's rights to audit service provider's performance and compliance
8. Business Continuity: Requirements for disaster recovery and business continuity planning
9. Exit Assistance: Obligations for transition assistance upon termination
1. Service Description Schedule: Detailed technical specifications and scope of services
2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and rate cards
4. Data Processing Agreement: Detailed data protection obligations and procedures if personal data is processed
5. Personnel Schedule: Key personnel, qualifications, and replacement procedures
6. Change Control Procedure: Detailed process for requesting and implementing changes
7. Security Requirements: IT security standards and procedures applicable to service delivery
8. Business Continuity Plan: Detailed procedures for maintaining service continuity
9. Form of Reports: Ƶ and specifications for required service reports
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