The Professional Services Agreement is essential for businesses engaging external professional service providers in Switzerland. This document is specifically structured to comply with Swiss law, particularly the Swiss Code of Obligations (OR) and related regulations. It is commonly used when engaging consultants, advisors, or specialized service providers for project-based or ongoing professional services. The agreement includes comprehensive provisions for service delivery, payment terms, intellectual property rights, and confidentiality, while addressing Swiss-specific requirements regarding data protection, liability limitations, and professional standards. It's designed to protect both parties' interests while ensuring clarity in their professional relationship and compliance with Swiss regulatory requirements.
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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 the professional services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Service fees, payment schedule, expenses, and invoicing procedures
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with Swiss data protection laws and data handling procedures
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseeable circumstances preventing performance
14. Insurance: Required insurance coverage and minimum limits
15. Notices: Methods and addresses for formal communications
16. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for disputes
17. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Competition: Restrictions on competitive activities, if applicable (must comply with Swiss competition law)
2. Service Levels: Specific performance metrics and standards, if service levels are to be measured
3. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
4. Staff and Subcontractors: Rules regarding use of subcontractors and key personnel requirements
5. Exit Assistance: Transition services and handover requirements upon termination
6. Audit Rights: Client's rights to audit service provider's performance and records
7. Business Continuity: Business continuity and disaster recovery requirements for critical services
8. Foreign Law Compliance: Needed if services have international aspects or cross-border implications
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed service level requirements and measurements
4. Schedule 4 - Data Processing Agreement: Detailed data protection and processing requirements under Swiss FADP
5. Schedule 5 - Key Personnel: List of key personnel assigned to provide the services
6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable
7. Appendix A - Contact Details: Contact information for key representatives of both parties
8. Appendix B - Required Insurance: Detailed insurance requirements and coverage limits
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Management Consulting
Legal Services
Financial Services
Engineering
Architecture
Marketing and Advertising
Business Advisory
Healthcare Consulting
Environmental Consulting
Human Resources
Education and Training
Research and Development
Technical Services
Professional Training
Relevant Teams
Legal
Procurement
Finance
Operations
Human Resources
Compliance
Risk Management
Commercial
Supply Chain
Vendor Management
Project Management
Business Development
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Project Manager
Business Development Manager
Chief Financial Officer
Chief Operating Officer
HR Director
Compliance Officer
Risk Manager
Commercial Director
General Counsel
Operations Manager
Supply Chain Manager
Vendor Manager
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