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Digital Agency Contract

Digital Agency Contract Template for Switzerland

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Key Requirements PROMPT example:

Digital Agency Contract

"I need a Digital Agency Contract under Swiss law for a three-month website development project starting March 2025, with specific provisions for e-commerce functionality and integration with our existing CRM system."

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Document background
The Digital Agency Contract serves as a crucial legal framework for businesses engaging digital service providers in Switzerland. This agreement is specifically designed to govern the relationship between digital agencies offering services such as web development, digital marketing, UX/UI design, and software development, and their clients seeking digital transformation solutions. The contract addresses key aspects required under Swiss law, including detailed service specifications, intellectual property rights, data protection compliance (particularly under FADP), payment terms, and delivery milestones. It's particularly relevant in today's digital economy where businesses increasingly rely on external digital expertise for their online presence and digital operations. The agreement should be used when engaging a digital agency for significant digital projects or ongoing digital services, ensuring clear deliverables, responsibilities, and protection for both parties under Swiss jurisdiction.
Suggested Sections

1. Parties: Identification and details of the Digital Agency and the Client

2. Background: Context of the agreement and brief description of parties' business relationship

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

4. Scope of Services: Detailed description of digital services to be provided

5. Project Timeline and Deliverables: Specific milestones, delivery dates, and acceptance criteria

6. Payment Terms: Fee structure, payment schedule, and invoicing procedures

7. Intellectual Property Rights: Ownership and licensing of created works, including source code and content

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

9. Confidentiality: Protection of confidential information and trade secrets

10. Client Obligations: Client's responsibilities including providing necessary materials and approvals

11. Term and Termination: Duration of agreement and termination conditions

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Service Level Agreement (SLA): Specific performance metrics and response times, used when ongoing service maintenance is included

2. Third-Party Services: Terms regarding integration or use of third-party tools and services

3. International Data Transfers: Additional provisions for cross-border data transfers when client or services involve multiple jurisdictions

4. Change Management: Process for handling changes to scope or requirements, recommended for larger projects

5. Non-Solicitation: Restrictions on hiring each other's employees, useful for longer-term engagements

6. Source Code Escrow: Terms for source code protection and access, relevant for custom software development

7. Acceptance Testing: Detailed testing and acceptance procedures, important for complex deliverables

Suggested Schedules

1. Schedule A - Service Specifications: Detailed technical specifications and scope of digital services

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

3. Schedule C - Project Timeline: Detailed project plan with milestones and deliverable dates

4. Schedule D - Service Level Requirements: Specific performance metrics and service levels if applicable

5. Schedule E - Approved Third-Party Tools: List of approved third-party services and tools to be used

6. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

7. Appendix 2 - Security Requirements: Technical and organizational security measures

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions







































Clauses

































Relevant Industries

Technology

Marketing & Advertising

E-commerce

Media & Entertainment

Professional Services

Retail

Financial Services

Healthcare

Education

Manufacturing

Telecommunications

Relevant Teams

Legal

Procurement

Information Technology

Digital Marketing

Operations

Finance

Compliance

Creative Services

Project Management

Business Development

Relevant Roles

Chief Digital Officer

Marketing Director

IT Director

Procurement Manager

Legal Counsel

Digital Project Manager

Creative Director

Chief Technology Officer

Digital Marketing Manager

Business Development Manager

Operations Director

Contract Manager

Data Protection Officer

Chief Marketing Officer

Digital Transformation Lead

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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