The Purchase of Service Contract is a fundamental legal instrument used when engaging external service providers for professional services in Switzerland. This document is essential when a business or individual requires professional services and needs to formalize the arrangement under Swiss law. The contract, governed by the Swiss Code of Obligations, particularly Articles 394-406 for service contracts (Auftrag) and Articles 363-379 for work contracts (Werkvertrag), establishes clear parameters for service delivery, payment terms, and performance standards. It's designed to protect both parties' interests while ensuring compliance with Swiss regulatory requirements, including data protection, VAT considerations, and professional standards. The document is particularly valuable for businesses engaging contractors, consultants, or service firms, providing a structured framework for service delivery and risk management.
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1. Parties: Identification and details of the service provider and customer, including full legal names, addresses, and registration numbers
2. Background: Context of the agreement and brief description of why the parties are entering into this contract
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided, including deliverables and performance standards
5. Term and Timelines: Duration of the agreement and key delivery milestones
6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and VAT considerations
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. Intellectual Property Rights: Ownership and usage rights of any IP created or used during service provision
10. Confidentiality: Obligations regarding confidential information protection
11. Liability and Indemnification: Limitation of liability and indemnification provisions in accordance with Swiss law
12. Termination: Conditions and process for contract termination
13. Force Majeure: Provisions for unforeseeable circumstances preventing contract performance
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Data Protection: Required when personal data processing is involved, outlining FADP compliance measures
2. Quality Assurance: Include when specific quality standards or certifications are required
3. Service Levels: Include when specific performance metrics and service levels need to be maintained
4. Subcontracting: Include when the service provider may need to engage subcontractors
5. Insurance: Include when specific insurance coverage requirements exist
6. Non-Competition: Include when restrictions on competitive activities are necessary
7. Personnel: Include when specific personnel requirements or qualifications are essential
8. Audit Rights: Include when the customer requires rights to audit the service provider's performance
9. Business Continuity: Include for critical services requiring disaster recovery planning
1. Schedule 1 - Service Description: Detailed technical specifications and scope of the services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Service Levels: Detailed service level agreements and performance metrics
4. Schedule 4 - Contact Details: Key contact persons and escalation matrix
5. Schedule 5 - Data Processing Agreement: Detailed data protection and processing requirements if applicable
6. Appendix A - Required Documentation: List of required certificates, licenses, or other documentation
7. Appendix B - Technical Requirements: Technical specifications or requirements for service delivery
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