The Supply of Services Agreement is a fundamental commercial contract used when one party wishes to engage another for the provision of specific services in Switzerland. This document is essential for businesses operating under Swiss jurisdiction, whether domestic or international, and is structured to comply with the Swiss Code of Obligations and related Swiss federal laws. The agreement is particularly relevant when establishing long-term service relationships, outlining detailed service specifications, performance standards, and commercial terms. It includes provisions for service delivery, quality metrics, payment terms, liability limitations, and termination rights, while addressing Swiss-specific legal requirements such as data protection and employment law considerations. The document is typically used for professional services, consulting, IT services, facilities management, and various other service-based business relationships where clear contractual frameworks are needed.
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1. Parties: Identification of the contracting parties with full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including service levels and delivery timeframes
5. Term: Duration of the agreement, including commencement date and any renewal provisions
6. Fees and Payment: Payment terms, fee structure, invoicing requirements, and payment timeline
7. Service Provider's Obligations: Key responsibilities and obligations of the service provider
8. Client's Obligations: Key responsibilities and obligations of the client, including provision of necessary information and access
9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created intellectual property
10. Confidentiality: Obligations regarding confidential information protection and permitted uses
11. Liability and Indemnification: Limitation of liability provisions and indemnification obligations
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. General Provisions: Standard boilerplate clauses including notices, amendments, assignment, and severability
14. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
1. Data Protection: Required when services involve processing of personal data, addressing FADP compliance
2. Non-Competition: Include when restricting service provider from competing activities
3. Insurance: Required when specific insurance coverage needs to be maintained
4. Force Majeure: Include when need to address circumstances beyond parties' control
5. Compliance with Laws: Include when services are in regulated industries or involve specific compliance requirements
6. Service Credits: Include when implementing performance-based penalties or rewards
7. Audit Rights: Include when client needs right to audit service provider's performance or compliance
8. Business Continuity: Required for critical services requiring disaster recovery planning
1. Service Description Schedule: Detailed technical and operational specifications of the services
2. Service Levels Schedule: Specific performance metrics, measurement methods, and reporting requirements
3. Fee Schedule: Detailed breakdown of fees, rates, and payment terms
4. Key Personnel Schedule: List of key personnel assigned to provide the services
5. Data Processing Schedule: Details of personal data processing activities and compliance measures
6. Change Control Procedure: Process for requesting and implementing changes to services
7. Security Requirements: Specific security measures and protocols to be followed
8. Exit Plan: Procedures for service transition upon termination
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