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Billing Agreement for Switzerland

Billing Agreement Template for Switzerland

A comprehensive legal document governed by Swiss law that establishes and regulates the billing relationship between parties, typically a service provider and a client. This agreement sets out the terms and conditions for billing processes, including payment terms, invoice requirements, dispute resolution procedures, and data protection measures. It ensures compliance with Swiss commercial law, particularly the Swiss Code of Obligations, while addressing practical aspects of modern billing practices such as electronic invoicing and international payment processing. The agreement includes provisions for handling VAT and other Swiss tax requirements, making it particularly suitable for commercial relationships within or involving Swiss jurisdiction.

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What is a Billing Agreement?

The Billing Agreement serves as a critical document for establishing clear and legally compliant billing arrangements between parties operating under Swiss jurisdiction. This agreement type is essential when businesses need to formalize their billing relationship, whether for one-time or recurring transactions. The Billing Agreement addresses key aspects such as payment terms, invoicing procedures, late payment consequences, and dispute resolution mechanisms, all while ensuring compliance with Swiss legal requirements, particularly the Swiss Code of Obligations. It's commonly used in various commercial contexts, from service providers to manufacturers, and can be adapted for both domestic and international business relationships. The agreement includes provisions for modern billing practices such as electronic invoicing while maintaining adherence to Swiss regulatory requirements regarding data protection, financial transactions, and commercial relationships.

What sections should be included in a Billing Agreement?

1. Parties: Identification and details of the service provider and client, including company registration numbers and addresses

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

3. Definitions: Key terms used throughout the agreement, including billing-specific terminology

4. Billing Terms: Core billing arrangements including frequency, method of billing, and currency

5. Payment Terms: Payment deadlines, accepted payment methods, and late payment consequences

6. Invoicing Requirements: Format, content, and delivery method of invoices, including any specific requirements under Swiss law

7. Taxes and Charges: Treatment of VAT and other applicable taxes or charges

8. Dispute Resolution: Process for handling billing disputes and invoice queries

9. Term and Termination: Duration of the agreement and conditions for termination

10. Confidentiality: Protection of confidential information exchanged during the billing process

11. Data Protection: Handling of personal and financial data in compliance with Swiss data protection laws

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

What sections are optional to include in a Billing Agreement?

1. Electronic Billing: Specific terms for electronic invoicing and digital payment systems, required when e-billing is used

2. Credit Terms: Include when credit facilities are offered to the client

3. Volume Discounts: Terms for volume-based pricing reductions, relevant for variable billing arrangements

4. Service Level Agreement: Include when specific service levels are guaranteed for the billing process

5. Third-Party Billing: Required when invoicing to third parties is permitted

6. Currency Exchange: Include for international billing relationships with multiple currencies

7. Audit Rights: Include when regular auditing of billing records is required

8. Insurance: Include when specific insurance coverage is required for the billing relationship

What schedules should be included in a Billing Agreement?

1. Schedule 1 - Price List: Detailed pricing information, rates, and fee structure

2. Schedule 2 - Billing Procedures: Step-by-step billing processes and requirements

3. Schedule 3 - Invoice Template: Standard format for invoices including all required fields

4. Schedule 4 - Contact Details: List of key contacts for billing, payment, and dispute resolution

5. Appendix A - Payment Processing Forms: Required forms for setting up payment methods

6. Appendix B - Service Description: Detailed description of services being billed for

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Healthcare

Telecommunications

Utilities

Retail

Software and SaaS

Consulting

Legal Services

Real Estate

Education

Insurance

Relevant Teams

Finance

Accounting

Legal

Commercial

Operations

Revenue

Treasury

Credit Control

Compliance

Business Development

Customer Service

Accounts Receivable

Contract Administration

Relevant Roles

Finance Director

Accounts Receivable Manager

Chief Financial Officer

Commercial Director

Contract Manager

Revenue Manager

Billing Coordinator

Financial Controller

Credit Control Manager

Treasury Manager

Accounts Manager

Legal Counsel

Compliance Officer

Business Development Manager

Operations Director

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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