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Service Engagement Agreement

Service Engagement Agreement Template for Switzerland

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Key Requirements PROMPT example:

Service Engagement Agreement

"I need a Service Engagement Agreement under Swiss law for my IT company providing cloud security services to financial institutions, with strong data protection provisions and specific service level commitments starting March 2025."

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Document background
The Service Engagement Agreement is a crucial document used in Switzerland when establishing professional service relationships between service providers and clients. It is specifically designed to comply with Swiss law, particularly the Swiss Code of Obligations (OR), and is distinct from employment contracts. This agreement is essential when engaging external service providers, consultants, or professional firms for specific projects or ongoing services. The document covers key aspects such as service scope, deliverables, payment terms, intellectual property rights, and data protection obligations, while ensuring compliance with Swiss regulatory requirements. It's particularly important for establishing clear boundaries between service relationships and employment relationships, protecting both parties' interests, and providing a robust framework for dispute resolution.
Suggested Sections

1. Parties: Identification and details of the service provider and client, including registered addresses and company 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 deliverables and performance standards

5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions including notice periods

6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and late payment consequences

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client, including cooperation and access requirements

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created intellectual property

10. Confidentiality: Protection and handling of confidential information

11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

12. Data Protection: Compliance with Swiss data protection laws and data handling procedures

13. Force Majeure: Events excusing performance and related procedures

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

15. General Provisions: Standard provisions including severability, entire agreement, and amendments

Optional Sections

1. Service Levels: Detailed performance metrics and service level requirements, used for technical or complex services

2. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries

3. Personnel: Requirements for service provider's personnel, including qualifications and replacement procedures

4. Non-Competition: Restrictions on competitive activities, used when sharing sensitive business information

5. Business Continuity: Disaster recovery and business continuity requirements, important for critical services

6. Audit Rights: Client's rights to audit service provider's performance and compliance, used in regulated industries or high-value contracts

7. Change Control: Procedures for requesting and implementing changes to services, used in complex or long-term engagements

8. Third-Party Rights: Rights of third parties under the agreement, relevant when services impact third parties

9. Insurance: Detailed insurance requirements, used for high-risk services

10. Exit Management: Detailed procedures for contract termination and service transition, important for complex services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and scope of services

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

3. Schedule 3 - Service Levels: Detailed service level agreements and performance metrics

4. Schedule 4 - Data Processing Agreement: Specific terms for personal data processing under Swiss law

5. Schedule 5 - Key Personnel: List of key personnel and their roles

6. Schedule 6 - Approved Subcontractors: List of approved subcontractors and their roles

7. Appendix A - Contact Details: Contact information for key representatives and escalation procedures

8. Appendix B - Required Insurance: Detailed insurance requirements and coverage levels

9. Appendix C - Compliance Requirements: Specific regulatory and compliance requirements

10. Appendix D - Change Request Form: Template for requesting and documenting service changes

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
Agreement
Applicable Law
Business Day
Charges
Client
Client Materials
Confidential Information
Data Protection Laws
Deliverables
Effective Date
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Material Breach
Personal Data
Project
Service Credits
Service Levels
Services
Service Provider
Service Provider Materials
Specifications
Statement of Work
Subcontractor
Term
Territory
Third Party
Working Hours
Work Product
Change Request
Acceptance Criteria
Documentation
Emergency
Fees
Implementation Plan
Milestone
Quality Standards
Records
Response Time
Service Location
Software
Swiss Law
Termination Date
VAT
Clauses
Parties and Definitions
Service Scope
Term and Duration
Payment Terms
Performance Standards
Service Levels
Acceptance Testing
Intellectual Property
Confidentiality
Data Protection
Personnel
Subcontracting
Warranties
Liability
Indemnification
Insurance
Force Majeure
Termination
Change Control
Dispute Resolution
Assignment
Non-Competition
Non-Solicitation
Audit Rights
Record Keeping
Compliance with Laws
Notice Requirements
Business Continuity
Exit Management
Governing Law
Severability
Entire Agreement
Amendment
Relevant Industries

Information Technology

Management Consulting

Professional Services

Financial Services

Healthcare

Manufacturing

Engineering

Education and Training

Marketing and Advertising

Research and Development

Telecommunications

Business Process Outsourcing

Legal Services

Human Resources Services

Environmental Services

Construction and Real Estate

Relevant Teams

Legal

Procurement

Operations

Finance

Risk and Compliance

Commercial

Business Development

Project Management Office

Vendor Management

Service Delivery

Account Management

Business Unit Management

Executive Leadership

Contract Administration

Relevant Roles

Legal Counsel

Procurement Manager

Contract Manager

Business Development Manager

Project Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Commercial Director

General Counsel

Head of Procurement

Chief Operating Officer

Vendor Manager

Service Delivery Manager

Account Executive

Business Unit Director

Chief Executive Officer

Independent Consultant

Professional Services Director

Industries
Swiss Code of Obligations (OR): Primary legislation governing contracts and commercial relationships in Switzerland, particularly Articles 394-406 regarding mandate agreements (Auftragsrecht) which typically apply to service contracts
Swiss Federal Act on Data Protection (FADP): Regulates the processing of personal data by private persons and federal bodies, relevant for handling client and service provider information
Federal Act on Value Added Tax (VATL): Governs VAT obligations for service providers in Switzerland, including registration requirements and tax rates
Federal Act on Social Insurance (AHVG): Determines social security obligations and classifications between independent contractors and employees
Swiss Civil Code (ZGB): Contains fundamental principles of Swiss law, including good faith and abuse of rights, which apply to all legal relationships
Federal Act on Unfair Competition (UWG): Relevant for non-compete clauses and protection of business secrets in service relationships
Federal Act on the Prevention of Money Laundering (AMLA): May be relevant if the services involve financial transactions or consulting
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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