The Master Contract Agreement is designed for business relationships where parties anticipate multiple future transactions or services and wish to establish a consistent legal and commercial framework. This document, governed by Swiss law, eliminates the need to negotiate standard terms repeatedly by providing a comprehensive foundation for all subsequent specific agreements. It typically includes provisions for ordering processes, general obligations, pricing principles, intellectual property rights, confidentiality, and dispute resolution. The agreement is particularly valuable for ongoing business relationships where efficiency in contract administration is crucial, while maintaining flexibility for specific terms in individual transactions. Swiss law provides a sophisticated and neutral legal framework, making this agreement type particularly attractive for international business relationships.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers
2. Background: Context of the agreement and the parties' intention to enter into future specific agreements
3. Definitions: Defined terms used throughout the agreement and associated documents
4. Scope of Agreement: Overview of the master agreement's purpose and its relationship to future specific agreements
5. Structure of Relationship: Hierarchy of documents and how specific agreements relate to the master agreement
6. Term and Termination: Duration of the master agreement and termination provisions
7. Ordering Process: Procedure for entering into specific agreements under the master framework
8. General Obligations: Core obligations of each party under the master agreement
9. Pricing and Payment Terms: General principles for pricing and payment applicable to all specific agreements
10. Intellectual Property Rights: General provisions regarding IP ownership and licensing
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss FADP
2. Compliance with Laws: Detailed compliance obligations when operating in regulated industries
3. Insurance: Insurance requirements when specific risk profiles need to be covered
4. Service Levels: Framework for service level agreements when applicable to future specific agreements
5. Personnel: Requirements for personnel when services involve deployed staff
6. Audit Rights: Audit provisions when regulatory compliance or performance verification is crucial
7. Business Continuity: Business continuity and disaster recovery provisions for critical services
8. Change Control: Formal process for changes when complex operational changes are anticipated
9. Parent Company Guarantee: When financial security from a parent company is required
10. Anti-Corruption: Detailed anti-corruption provisions for international business relationships
1. Schedule 1 - Pricing Framework: Detailed pricing methodology and rate cards
2. Schedule 2 - Form of Specific Agreement: Template for specific agreements to be entered into under the master agreement
3. Schedule 3 - Technical Requirements: Standard technical specifications applicable across specific agreements
4. Schedule 4 - Service Levels: Standard service levels and measurement methodology
5. Schedule 5 - Governance: Governance structure and escalation procedures
6. Schedule 6 - Security Requirements: Standard security requirements and protocols
7. Schedule 7 - Change Control Procedure: Detailed process for implementing changes
8. Appendix A - Contact Details: Key contacts and notice details for both parties
9. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
10. Appendix C - Compliance Requirements: Detailed compliance obligations and certifications required
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Professional Services
Financial Services
Telecommunications
Healthcare
Construction
Energy
Retail
Logistics and Supply Chain
Consulting
Software and Technology
Relevant Teams
Legal
Procurement
Finance
Commercial
Operations
Risk and Compliance
Business Development
Contract Administration
Supply Chain
Project Management
Relevant Roles
General Counsel
Legal Director
Contract Manager
Procurement Manager
Commercial Director
Chief Financial Officer
Business Development Manager
Operations Director
Risk Manager
Compliance Officer
Chief Executive Officer
Project Manager
Account Manager
Supply Chain Manager
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