Management Services Agreement

Management Services Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Management Services Agreement for our Swiss technology consulting firm to provide IT management and operational oversight services to a German manufacturing company, with services commencing March 1, 2025, including provisions for cross-border data protection and specific IT security requirements."

Document background

The Management Services Agreement is a critical document used when a company requires external management expertise or wishes to formalize the provision of management services between related entities under Swiss law. This agreement type is particularly relevant in situations involving group companies, business restructuring, or when specialized management expertise is needed. The document comprehensively covers service scope, delivery standards, compensation, governance structure, and risk allocation, while ensuring compliance with Swiss regulatory requirements, particularly the Swiss Code of Obligations and relevant commercial laws. It's designed to protect both parties' interests while providing clear operational guidelines and performance metrics for effective service delivery. The agreement is adaptable to various business contexts while maintaining the specific requirements of Swiss jurisdiction, making it suitable for both domestic and international business arrangements.

Suggested Sections

1. Parties: Identification of the service provider and recipient, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the management services arrangement

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

4. Scope of Services: Detailed description of management services to be provided, including core responsibilities and deliverables

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

7. Service Provider's Obligations: Key responsibilities, performance standards, and compliance requirements for the service provider

8. Client's Obligations: Responsibilities of the client, including provision of information and access needed for service delivery

9. Confidentiality: Provisions for protecting confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage rights of intellectual property created during service provision

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

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

13. Force Majeure: Provisions for handling events beyond parties' reasonable control

14. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution

15. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when service provider may have access to sensitive market information

2. Personnel Requirements: Specific qualifications or requirements for personnel providing services, used when specific expertise is crucial

3. Service Levels: Detailed performance metrics and standards, used for agreements requiring specific measurable outcomes

4. Compliance with Industry Regulations: Additional compliance requirements for regulated industries

5. International Services: Special provisions for cross-border services, including compliance with international laws

6. Transition Services: Procedures for handover at the beginning or end of the agreement, used for complex service arrangements

7. Subcontracting: Terms for engaging subcontractors, used when service provider may need to delegate certain services

8. Insurance Requirements: Detailed insurance obligations, used for high-risk or regulated services

9. Audit Rights: Client's rights to audit service provider's performance and records, used for regulated industries or complex services

Suggested Schedules

1. Schedule 1: Detailed Service Description: Comprehensive list and description of all management services to be provided

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

3. Schedule 3: Service Levels and KPIs: Specific performance metrics and measurement criteria

4. Schedule 4: Required Personnel: List of key personnel or roles required for service delivery

5. Schedule 5: Client Policies: Relevant client policies and procedures that service provider must comply with

6. Schedule 6: Data Processing Agreement: Detailed terms for handling personal and sensitive data in compliance with Swiss law

7. Schedule 7: Contact Details: List of key contacts and escalation procedures

8. Schedule 8: Reporting Requirements: Templates and specifications for required reports

9. Appendix A: Required Forms: Standard forms and templates to be used during service delivery

10. Appendix B: Technical Requirements: Technical specifications or systems requirements if applicable

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Healthcare

Manufacturing

Technology

Real Estate

Hospitality

Retail

Professional Services

Energy

Transportation

Construction

Education

Telecommunications

Life Sciences

Industrial Services

Relevant Teams

Legal

Operations

Finance

Procurement

Compliance

Risk Management

Corporate Governance

Administration

Business Development

Project Management

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Managing Director

Operations Manager

Legal Counsel

Contract Manager

Procurement Manager

Business Development Director

Project Manager

Compliance Officer

Risk Manager

General Counsel

Corporate Secretary

Finance Director

Administrative Director

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