Merchant Agreement Template for Switzerland

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Key Requirements PROMPT example:

Merchant Agreement

"I need a Merchant Agreement drafted under Swiss law for my e-commerce business that will launch in March 2025, with particular focus on multi-currency transactions and cross-border payment processing in European markets."

Document background
The Merchant Agreement serves as the primary contractual framework for establishing and governing commercial relationships between service providers and merchants in Switzerland. This document is essential when a business wishes to accept payments, process transactions, or engage in e-commerce activities through a service provider's platform. The agreement encompasses comprehensive terms covering payment processing, security protocols, data protection, and compliance requirements under Swiss law. It addresses crucial aspects such as fee structures, settlement procedures, and risk management, while ensuring compliance with Swiss banking regulations and consumer protection laws. The Merchant Agreement is specifically designed to protect both parties' interests while facilitating smooth commercial operations in accordance with Swiss legal requirements and industry standards.
Suggested Sections

1. Parties: Identification and details of the contracting parties - the service provider and the merchant

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Services: Detailed description of services provided to the merchant

5. Merchant Obligations: Key responsibilities and commitments of the merchant

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

7. Fees and Payment Terms: Payment structure, fees, charging mechanisms, and payment processing details

8. Security Requirements: Security standards, protocols, and compliance requirements

9. Data Protection and Privacy: Obligations regarding personal data handling and privacy compliance under Swiss law

10. Intellectual Property: IP rights, licensing, and usage permissions

11. Representations and Warranties: Legal assurances and guarantees from both parties

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Term and Termination: Duration of agreement and termination provisions

14. Confidentiality: Protection of confidential information and trade secrets

15. Governing Law and Jurisdiction: Swiss law application and jurisdiction details

Optional Sections

1. Integration Services: Required when technical integration with merchant systems is needed

2. Chargebacks and Disputes: Include for agreements involving payment processing services

3. Multi-Currency Processing: Required for merchants operating in multiple currencies

4. Marketing and Branding: Include when co-branding or marketing obligations exist

5. Insurance Requirements: Include when specific insurance coverage is required

6. Compliance with Card Scheme Rules: Required for credit card payment processing

7. Business Continuity: Include for critical service relationships

8. Anti-Money Laundering Compliance: Required for high-risk or financial services merchants

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed service levels, performance metrics, and remedies

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

3. Schedule 3 - Technical Specifications: Technical requirements, API documentation, and integration details

4. Schedule 4 - Security Standards: Detailed security protocols, requirements, and compliance standards

5. Schedule 5 - Data Processing Agreement: Detailed terms for personal data processing under Swiss law

6. Appendix A - Merchant Onboarding Form: Merchant's business and account details

7. Appendix B - Approved Products/Services: List of products/services approved for sale

8. Appendix C - Contact Details: Key contacts and escalation procedures

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Financial Services

Hospitality

Travel

Professional Services

Healthcare

Technology

Manufacturing

Entertainment

Food and Beverage

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Risk Management

Operations

Commercial

Sales

Account Management

Treasury

Technical Integration

Information Security

Customer Support

Business Development

Relevant Roles

Chief Financial Officer

Commercial Director

Head of Payments

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

E-commerce Manager

Business Development Manager

Account Manager

Treasury Manager

Financial Controller

Merchant Services Director

Head of Sales

Technical Integration 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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