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Client Exclusivity Agreement Template for Switzerland

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Key Requirements PROMPT example:

Client Exclusivity Agreement

"I need a Client Exclusivity Agreement for my IT consulting firm based in Zurich, establishing exclusive rights to provide cloud migration services to a major Swiss bank for 3 years starting January 2025, with minimum revenue commitments and performance metrics."

Document background
The Client Exclusivity Agreement is essential for businesses seeking to establish and maintain exclusive commercial relationships in Switzerland. This document is typically used when a service provider wants to secure a guaranteed business relationship with a client, often in exchange for preferential terms or significant resource commitment. The agreement must carefully balance the interests of both parties while ensuring compliance with Swiss law, particularly the Swiss Code of Obligations and competition regulations. It includes crucial details about the scope of exclusivity, duration, territorial limitations, minimum purchase commitments, and performance standards. The document becomes particularly important in situations where substantial investments are made in client relationships or where specialized services require dedicated resources.
Suggested Sections

1. Parties: Identification of the service provider and the client with full legal entities details

2. Background: Context of the agreement and business relationship between the parties

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

4. Scope of Exclusivity: Detailed description of the exclusive services or products covered by the agreement

5. Duration and Term: Period of exclusivity, including start date and initial term

6. Territorial Scope: Geographic area where the exclusivity applies

7. Obligations of Service Provider: Commitments and duties of the service provider under the exclusivity arrangement

8. Obligations of Client: Client's commitments, including any minimum purchase obligations or similar requirements

9. Fees and Payment Terms: Financial arrangements, payment schedules, and any minimum commitments

10. Confidentiality: Protection of confidential information exchanged during the relationship

11. Termination: Circumstances and procedures for ending the agreement

12. Consequences of Termination: Effects and obligations following termination

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

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Non-Competition: Additional restrictions on client's engagement with competitors, used when broader protection is needed

2. Performance Metrics: Specific KPIs or performance standards, included when measuring service quality is crucial

3. Marketing and Branding: Rules for using each other's brands, included when public relationship disclosure is relevant

4. Insurance Requirements: Specific insurance obligations, included for high-risk or regulated services

5. Data Protection: Specific data handling requirements, included when personal data processing is involved

6. Force Majeure: Provisions for unforeseen circumstances, included for long-term or critical service relationships

7. Step-In Rights: Rights to take over services, included for critical business functions

8. Change Control: Process for managing changes to services, included for complex service arrangements

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of exclusive services or products

2. Schedule 2 - Pricing and Payment Terms: Detailed fee structure, payment terms, and any volume-based pricing

3. Schedule 3 - Service Levels: Performance standards and metrics if applicable

4. Schedule 4 - Territory Definition: Detailed description of geographical scope including any excluded areas

5. Appendix A - Contact Details: Key contact persons and notice details for both parties

6. Appendix B - Compliance Requirements: Specific Swiss law compliance requirements and certifications

Authors

Alex Denne

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

Relevant legal definitions






























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Relevant Industries

Professional Services

Management Consulting

Information Technology

Financial Services

Manufacturing

Healthcare

Pharmaceutical

Telecommunications

Marketing and Advertising

Research and Development

Engineering Services

Legal Services

Relevant Teams

Legal

Business Development

Commercial

Sales

Procurement

Operations

Compliance

Executive Leadership

Account Management

Contract Administration

Relevant Roles

Chief Executive Officer

Managing Director

Chief Legal Officer

Legal Counsel

Business Development Director

Commercial Director

Contract Manager

Procurement Manager

Sales Director

Account Executive

Partnership Manager

Operations Director

Chief Commercial Officer

Regional Director

Relationship 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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