The Customer Service Agreement serves as the primary contractual framework for establishing and managing service relationships under Swiss law. This document is essential when a business provides ongoing services to customers, whether they are individual consumers or other businesses. It comprehensively addresses service delivery standards, performance metrics, data protection requirements (particularly under FADP), and payment terms. The agreement is specifically structured to comply with Swiss regulatory requirements, including the Swiss Code of Obligations and consumer protection laws, while providing flexibility to accommodate various service types and industry-specific needs. Use this template when establishing new service relationships or updating existing service arrangements in Switzerland, ensuring all parties' rights and obligations are clearly defined and legally protected.
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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: Detailed definitions of terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including service levels and standards
5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
6. Fees and Payment: Pricing structure, payment terms, and billing procedures
7. Service Provider Obligations: Key responsibilities and commitments of the service provider
8. Customer Obligations: Key responsibilities and commitments of the customer
9. Data Protection and Privacy: Compliance with Swiss data protection laws and data handling procedures
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability and indemnification provisions under Swiss law
12. Force Majeure: Circumstances excusing performance of obligations
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when services involve creation or use of intellectual property
2. Service Level Agreement (SLA): Include for technical or operational services requiring specific performance metrics
3. Insurance: Include when specific insurance coverage is required for service delivery
4. Compliance with Laws: Include when services are in regulated industries or require specific certifications
5. Personnel: Include when specific staff qualifications or security clearances are required
6. Audit Rights: Include when customer requires right to audit service provider's operations
7. Business Continuity: Include for critical services requiring disaster recovery planning
8. Security Requirements: Include when services involve sensitive data or systems access
1. Schedule 1 - Service Description: Detailed technical specifications of services
2. Schedule 2 - Service Levels: Specific performance metrics and measurement criteria
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and rate cards
4. Schedule 4 - Data Processing Agreement: Detailed data handling procedures and FADP compliance requirements
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery
7. Appendix B - Service Locations: List of locations where services will be provided or accessed
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Retail
Financial Services
Telecommunications
Healthcare
Consulting
Software as a Service
Customer Support
Hospitality
Education
Facilities Management
Relevant Teams
Legal
Operations
Customer Service
Compliance
Account Management
Business Development
Risk Management
Commercial
Customer Success
Service Delivery
Data Protection
Relevant Roles
Legal Counsel
Contract Manager
Customer Service Manager
Chief Operating Officer
Compliance Officer
Account Manager
Business Development Manager
Operations Director
Service Delivery Manager
Risk Manager
Data Protection Officer
Commercial Director
Customer Success Manager
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