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Public Offer Agreement

Public Offer Agreement Template for Switzerland

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Key Requirements PROMPT example:

Public Offer Agreement

"I need a Public Offer Agreement under Swiss law for my SaaS company launching a new cloud storage service in March 2025, with particular emphasis on data protection and service level commitments for enterprise customers."

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Document background
The Public Offer Agreement is essential for businesses operating in Switzerland that wish to offer their products or services to multiple potential customers under standardized terms. This document type is particularly relevant when a company needs to establish uniform contractual relationships with numerous parties without individual negotiation. The agreement must comply with Swiss law, particularly the Code of Obligations (OR) and consumer protection regulations. It should clearly state all terms and conditions, pricing, acceptance mechanisms, and performance obligations. The Public Offer Agreement is commonly used in retail, e-commerce, and service industries where standardized offerings are the norm. It provides legal certainty while allowing for efficient business operations through standardized terms.
Suggested Sections

1. Parties: Identification of the offering party (including full legal name, registration details, and address) and description of potential accepting parties

2. Background: Context of the public offer and general purpose of the agreement

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

4. Scope of Offer: Detailed description of the goods/services being offered

5. Pricing and Payment Terms: Clear statement of prices, payment methods, and payment terms

6. Acceptance Mechanism: Specific process and requirements for accepting the offer

7. Duration and Validity: Period for which the offer remains valid and conditions for termination

8. Terms and Conditions: General terms governing the provision of goods/services

9. Delivery or Performance: Terms regarding delivery of goods or performance of services

10. Warranties and Representations: Standard warranties regarding the goods/services offered

11. Limitation of Liability: Limitations and exclusions of liability under Swiss law

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Intellectual Property Rights: Required when the offer involves software, content, or other IP-protected materials

2. Data Protection: Required when personal data will be collected or processed

3. Quality Standards: Needed for offers involving specific quality requirements or industry standards

4. Insurance Requirements: Relevant when specific insurance coverage is required from either party

5. Force Majeure: Optional clause for handling unforeseen circumstances

6. Compliance with Laws: Required when specific regulatory compliance needs to be highlighted

7. Confidentiality: Needed when confidential information will be shared

8. Assignment and Subcontracting: Required when transfer rights or subcontracting needs to be addressed

Suggested Schedules

1. Price List: Detailed pricing information including any volume discounts or special rates

2. Service Level Agreement: Specific performance metrics and service levels if applicable

3. Technical Specifications: Detailed technical requirements or specifications of goods/services

4. Acceptance Form: Template form for formal acceptance of the offer

5. Data Processing Agreement: Required when personal data processing is involved

6. Change Request Procedure: Process for requesting and implementing changes to the agreement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance
Agreement
Applicable Law
Business Day
Confidential Information
Customer
Delivery
Documentation
Effective Date
Fees
Force Majeure Event
Goods
Intellectual Property Rights
Offer
Order
Party/Parties
Payment Terms
Personal Data
Price List
Provider
Public Offer
Representatives
Services
Service Level Agreement
Specifications
Term
Territory
Third Party
Working Hours
Warranty Period
Business Hours
Acceptance Period
Acceptance Form
Contract Documents
Governing Law
Liability Cap
Performance Standards
Quality Requirements
Related Services
Swiss Law
Clauses
Offer and Acceptance
Scope of Services
Pricing and Payment
Delivery Terms
Performance Standards
Service Levels
Warranties
Liability Limitations
Force Majeure
Term and Termination
Intellectual Property
Confidentiality
Data Protection
Compliance
Insurance
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Amendment
Force Majeure
Quality Standards
Acceptance Process
Order Process
Documentation Requirements
Customer Obligations
Provider Obligations
Invoicing
Payment Terms
Territory Restrictions
Usage Rights
Renewal Terms
Termination Rights
Indemnification
Audit Rights
Records Maintenance
Change Management
Relevant Industries

Retail

E-commerce

Technology Services

Telecommunications

Financial Services

Insurance

Software and IT

Consumer Goods

Professional Services

Healthcare Services

Transportation

Hospitality

Education Services

Subscription Services

Relevant Teams

Legal

Commercial

Sales

Compliance

Operations

Risk Management

Product Management

Business Development

Customer Service

Marketing

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Sales Director

Compliance Officer

Contract Manager

Product Manager

Operations Manager

Risk Manager

General Counsel

Chief Legal Officer

Chief Commercial Officer

Sales Operations Manager

Business Operations Manager

Industries
Swiss Code of Obligations (OR): Primary source of Swiss contract law that governs formation and content of contracts, including specific provisions on public offers (Art. 7), binding nature of offers (Art. 3-9), and general contract terms
Swiss Civil Code (ZGB): Contains fundamental legal principles and provisions on good faith, which are essential for interpreting and executing public offer agreements
Federal Act on Unfair Competition (UWG): Regulates fair trading practices and contains provisions on misleading advertising and unfair business practices that must be considered in public offers
Price Indication Ordinance (PIO): Regulates how prices must be displayed and communicated in public offers to ensure transparency for consumers
Federal Act on Data Protection (FADP): Relevant for handling personal data collected through the public offer process and subsequent contractual relationship
Federal Act on Electronic Commerce: Contains provisions relevant to online public offers and electronic business transactions
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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