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Managed Services Agreement for Switzerland

Managed Services Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the framework for the provision of managed services between a service provider and a customer. The agreement details the scope of services, performance standards, pricing, governance structure, and operational requirements while ensuring compliance with Swiss regulatory requirements, particularly regarding data protection, contract law, and service obligations. It includes provisions for service delivery, performance measurement, risk allocation, and termination arrangements, tailored to meet the specific needs of managed service relationships under Swiss jurisdiction.

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What is a Managed Services Agreement?

This Managed Services Agreement template is designed for use under Swiss law when establishing a formal relationship between a service provider and a customer for the ongoing provision of managed services. It is particularly relevant for arrangements where a provider takes responsibility for delivering specific operational functions, processes, or technology services on a continuous basis. The agreement incorporates key requirements under Swiss contract law, data protection regulations, and service obligations, while addressing essential elements such as service levels, governance, pricing, and risk allocation. It is structured to accommodate various types of managed services, from IT infrastructure and application management to business process outsourcing, ensuring compliance with Swiss regulatory requirements while providing practical operational frameworks for service delivery and management.

What sections should be included in a Managed Services Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship

3. Definitions: Defined terms used throughout the agreement

4. Services Scope: Detailed description of services to be provided

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Service Provider Obligations: Key responsibilities and commitments of the service provider

7. Customer Obligations: Key responsibilities and commitments of the customer

8. Service Levels: Performance standards and measurement criteria

9. Charges and Payment: Pricing, payment terms, and invoicing procedures

10. Governance and Reporting: Management structure, meetings, and reporting requirements

11. Data Protection and Security: Compliance with Swiss data protection laws and security requirements

12. Intellectual Property Rights: Ownership and usage rights of IP

13. Confidentiality: Protection of confidential information

14. Liability and Indemnities: Allocation of risks and liability caps

15. Force Majeure: Events excusing performance

16. Termination: Termination rights and procedures

17. Exit and Migration: Transition arrangements upon termination

18. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

What sections are optional to include in a Managed Services Agreement?

1. Regulatory Compliance: Required if services are subject to specific regulatory requirements (e.g., financial services, healthcare)

2. Business Continuity: Required for critical services requiring disaster recovery and business continuity planning

3. Staff and Key Personnel: Include when specific staff or roles are critical to service delivery

4. Insurance: Detailed insurance requirements beyond standard liability provisions

5. Environmental Compliance: Required for services with environmental impact

6. Anti-Bribery and Corruption: Important for international services or public sector clients

7. Change Control: Detailed change management procedures for complex services

8. Benchmarking: Include when market comparison of services and pricing is required

9. Parent Company Guarantee: Required when financial backing from parent company is needed

What schedules should be included in a Managed Services Agreement?

1. Schedule 1 - Services Description: Detailed technical and operational description of services

2. Schedule 2 - Service Levels and KPIs: Detailed service level requirements, measurement, and remedies

3. Schedule 3 - Charges: Detailed pricing, payment structure, and rate cards

4. Schedule 4 - Governance and Reporting: Detailed governance structure, meetings, and reporting requirements

5. Schedule 5 - Security and Data Protection: Detailed security requirements and data protection procedures

6. Schedule 6 - Customer Dependencies: Detailed customer responsibilities and requirements

7. Schedule 7 - HR and Key Personnel: Staff requirements, key roles, and any transfer provisions

8. Schedule 8 - Business Continuity Plan: Disaster recovery and business continuity procedures

9. Schedule 9 - Exit Plan: Detailed transition and termination assistance procedures

10. Appendix A - Definitions: Comprehensive list of defined terms

11. Appendix B - Form of Change Order: Template for documenting changes to services or contract

12. Appendix C - Technical Infrastructure: Details of technical environment and specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


































































Clauses














































Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Telecommunications

Professional Services

Energy and Utilities

Retail

Banking

Insurance

Pharmaceuticals

Logistics

Education

Relevant Teams

Legal

Procurement

Information Technology

Operations

Finance

Risk and Compliance

Commercial

Vendor Management

Service Delivery

Project Management

Solutions Architecture

Account Management

Relevant Roles

Chief Information Officer

Head of Procurement

Legal Counsel

Contract Manager

Service Delivery Manager

Operations Director

Chief Technology Officer

Commercial Manager

Vendor Manager

Risk Manager

Compliance Officer

Project Manager

Account Executive

Solutions Architect

Chief Financial Officer

IT Director

Procurement Officer

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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