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Service Contract Termination

Service Contract Termination Template for Switzerland

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Key Requirements PROMPT example:

Service Contract Termination

"I need a Service Contract Termination document under Swiss law to immediately end our IT maintenance services agreement with TechServe AG due to repeated service failures, ensuring all company data is returned and access to our systems is revoked by January 15, 2025."

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Document background
This Service Contract Termination document is essential for businesses and individuals operating under Swiss law who need to formally end a service relationship. It is specifically designed to comply with Swiss legal requirements, particularly Article 404 of the Swiss Code of Obligations, which provides parties with the right to terminate service contracts at any time, subject to compensation for untimely termination. The document is typically used when either the service provider or recipient wishes to end the service relationship, whether at the natural conclusion of the contract or prematurely. It includes critical information such as termination date, handover requirements, final payment terms, and any post-termination obligations. The document's structure and content reflect the unique aspects of Swiss contract law, which differs from other jurisdictions in its approach to service contract terminations.
Suggested Sections

1. Header Information: Date, addresses of both parties, and reference numbers of original contract

2. Subject Line: Clear indication that this is a termination notice for the specific service contract

3. Contract Reference: Details of the original service contract including date, parties, and scope of services

4. Termination Declaration: Explicit statement of termination and the legal basis (Art. 404 CO)

5. Effective Date: Clear statement of when the termination takes effect

6. Outstanding Services: List of any services that need to be completed before termination

7. Handover Requirements: Specific requirements for the handover of work, documents, or materials

8. Final Invoice: Information about final billing and payment arrangements

Optional Sections

1. Transition Period: Include when a transition period is needed to hand over services to a new provider

2. Compensation for Early Termination: Include when termination occurs at an inconvenient time requiring compensation under Art. 404(2) CO

3. Confidentiality Reminder: Include when sensitive information was handled during the service relationship

4. Non-Compete/Non-Solicitation: Include when original agreement contained post-termination restrictions that need to be referenced

5. Mutual Release: Include when parties agree to release each other from future claims

6. Return of Property: Include when physical or intellectual property needs to be returned

Suggested Schedules

1. Schedule of Outstanding Work: Detailed list of any incomplete work items and their status

2. Financial Statement: Summary of outstanding payments, final invoices, or financial reconciliation

3. Handover Checklist: List of all items, documents, and access rights to be returned or transferred

4. Asset Register: List of any company property or assets that need to be returned

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 Industries

Professional Services

Information Technology

Management Consulting

Financial Services

Legal Services

Healthcare Services

Engineering Services

Marketing and Advertising

Facilities Management

Business Process Outsourcing

Education and Training

Real Estate Services

Relevant Teams

Legal

Procurement

Operations

Compliance

Risk Management

Finance

Human Resources

Commercial

Business Development

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Chief Operating Officer

Project Manager

Account Manager

Compliance Officer

Risk Manager

Operations Director

Human Resources Manager

Chief Financial Officer

Managing Director

Commercial Director

Industries
Art. 394-406 CO: Swiss Code of Obligations provisions specifically governing service contracts (mandate agreements), including basic termination rights
Art. 404 CO: Specific provision stating that service contracts can be terminated by either party at any time, with compensation due for untimely termination
Art. 395 CO: Provisions regarding the implied acceptance of services and contract continuation
Art. 400 CO: Duty of accountability and return of items upon termination of the service contract
Art. 418q-418r CO: Provisions regarding compensation claims upon contract termination, including indemnification for clientele if applicable
Art. 82-96 CO: General provisions on performance and non-performance of obligations, relevant for settling remaining obligations during termination
Art. 127-142 CO: Statute of limitations provisions affecting post-termination claims and obligations
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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