The Terms of Business Agreement serves as a foundational document for establishing and managing business relationships under Swiss law. It is typically used when businesses want to set up a long-term framework for providing services or conducting regular business transactions. The agreement includes essential provisions required by Swiss legislation, particularly the Code of Obligations (OR/CO), and addresses key aspects such as service scope, payment terms, liability, data protection, and dispute resolution. This document is particularly valuable for businesses operating in Switzerland or choosing Swiss law as their governing law, as it provides a clear framework while ensuring compliance with local regulatory requirements. The Terms of Business Agreement can be customized for various industries while maintaining its core legal structure and protecting both parties' interests under Swiss jurisdiction.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Scope of Services: Detailed description of services to be provided under the agreement
5. Obligations of Service Provider: Key responsibilities and commitments of the service provider
6. Client Obligations: Key responsibilities and commitments of the client
7. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and late payment consequences
8. Term and Termination: Duration of agreement, renewal terms, and termination provisions
9. Confidentiality: Protection and handling of confidential information
10. Data Protection: Compliance with Swiss Federal Act on Data Protection and data handling procedures
11. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
12. Liability and Indemnification: Limitation of liability and indemnification provisions under Swiss law
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. General Provisions: Standard clauses including notices, assignment, entire agreement, and amendments
15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Service Levels: Detailed service level agreements and performance metrics - include when specific performance standards are crucial
2. Regulatory Compliance: Specific regulatory obligations - include for regulated industries like financial services
3. Insurance: Insurance requirements - include for high-risk services or when required by industry standards
4. Business Continuity: Disaster recovery and business continuity provisions - include for critical services
5. Anti-Bribery and Corruption: Anti-corruption provisions - include for international business or public sector work
6. Data Security: Enhanced security requirements - include when handling sensitive data
7. Audit Rights: Client's right to audit - include for regulated industries or critical services
8. Personnel Requirements: Specific staff qualifications or vetting - include when service delivery depends on specific personnel
1. Schedule 1 - Service Description: Detailed description of services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment terms
3. Schedule 3 - Service Levels: Detailed performance metrics, measurement methods, and remedies
4. Schedule 4 - Data Processing Agreement: Detailed data protection terms compliant with Swiss FADP
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Technical Requirements: Technical specifications and requirements
7. Appendix B - Security Requirements: Information security standards and procedures
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