The Software Implementation Partner Agreement is essential for organizations engaging external partners to implement software solutions in Switzerland. This document is particularly relevant in today's digital transformation landscape where businesses increasingly rely on specialized partners for software implementation. The agreement, governed by Swiss law and compliant with the Swiss Code of Obligations, establishes the legal and operational framework for successful software implementation projects. It addresses critical aspects such as project methodology, deliverables, intellectual property rights, data protection, and risk allocation. The document is designed to protect both the implementation partner and the client while ensuring clear accountability and success metrics for the implementation project. It includes specific provisions required under Swiss law and commercial practice, making it suitable for both domestic and international technology partnerships operating in Switzerland.
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1. Parties: Identification of contracting parties including registered offices and company details
2. Background: Context of the agreement, relationship overview, and high-level objectives
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Appointment and Scope: Formal appointment of partner and scope of implementation services
5. Partner Obligations: Core obligations, service standards, and implementation responsibilities
6. Client Obligations: Client responsibilities, resources, and cooperation requirements
7. Project Management: Project governance, reporting, and management procedures
8. Change Control: Process for managing changes to scope, specifications, or timelines
9. Acceptance Testing: Testing procedures, acceptance criteria, and defect resolution
10. Charges and Payment: Fee structure, payment terms, and invoicing procedures
11. Intellectual Property Rights: IP ownership, licenses, and usage rights
12. Data Protection and Security: Data handling obligations and security requirements
13. Confidentiality: Protection of confidential information and trade secrets
14. Liability and Indemnities: Limitation of liability, indemnification, and insurance requirements
15. Term and Termination: Duration, renewal, termination rights, and consequences
16. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Service Levels: Specific performance metrics and remedies - include when ongoing maintenance is part of scope
2. Staff and Resources: Requirements for key personnel and resource management - include for large implementations
3. Business Continuity: Disaster recovery and business continuity provisions - include for business-critical implementations
4. Source Code Escrow: Source code deposit and release conditions - include when custom development is involved
5. Audit Rights: Client audit and inspection rights - include for regulated industries
6. Marketing and Publicity: Use of relationship for marketing - include if parties want to promote collaboration
7. Non-Competition: Competitive restrictions - include if protecting market position
8. Parent Company Guarantee: Additional financial security - include when partner is smaller entity
1. Schedule 1 - Implementation Services: Detailed description of implementation services, methodologies, and deliverables
2. Schedule 2 - Software Specifications: Technical specifications and functionality requirements
3. Schedule 3 - Project Plan: Implementation timeline, milestones, and delivery dates
4. Schedule 4 - Charges: Detailed pricing, payment schedule, and expense policies
5. Schedule 5 - Service Levels: Detailed performance metrics, measurement, and service credits
6. Schedule 6 - Governance: Detailed governance procedures, escalation paths, and key contacts
7. Schedule 7 - Form of Change Order: Template for documenting and approving changes
8. Schedule 8 - Security Requirements: Detailed security standards and compliance requirements
9. Appendix A - Acceptance Testing Procedures: Detailed testing methodology and acceptance criteria
10. Appendix B - Required Insurance: Insurance types and coverage levels
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