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Sales Service Agreement

Sales Service Agreement Template for Switzerland

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Key Requirements PROMPT example:

Sales Service Agreement

"I need a Sales Service Agreement governed by Swiss law for my software company to engage an external sales agency to promote our cloud services across Europe, with the agreement starting March 1, 2025, including performance targets and commission structures."

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Document background
The Sales Service Agreement is a crucial document used when establishing a formal relationship between a service provider offering sales-related services and their customers. This agreement, governed by Swiss law, is particularly relevant for businesses operating in or from Switzerland, or parties choosing Swiss law for its reputation in commercial matters. The document encompasses essential elements required under the Swiss Code of Obligations, including detailed service descriptions, performance metrics, payment terms, and liability provisions. It's designed to protect both parties' interests while ensuring compliance with Swiss legal requirements and commercial practices. The agreement is particularly valuable for businesses seeking to outsource their sales functions, establish sales agency relationships, or engage third-party sales service providers.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers

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 sales services to be provided

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

6. Payment Terms: Pricing, payment schedule, invoicing requirements, and payment methods

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Customer's Obligations: Key responsibilities and commitments of the customer

9. Performance Standards: Quality standards and KPIs for service delivery

10. Intellectual Property Rights: Ownership and usage rights of intellectual property

11. Confidentiality: Protection and handling of confidential information

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

13. Force Majeure: Handling of events beyond parties' reasonable control

14. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes

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

Optional Sections

1. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss FADP

2. Non-Compete: Include when restricting the service provider from competing activities

3. Insurance: Include when specific insurance coverage requirements are needed

4. Compliance with Laws: Detailed compliance obligations when operating in regulated industries

5. Assignment and Subcontracting: Include when transfer of rights or subcontracting needs to be specifically regulated

6. Service Credits: Include when financial penalties for service level failures are required

7. Training and Support: Include when ongoing training or support services are part of the agreement

8. Audit Rights: Include when customer requires rights to audit service provider's operations

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications of services to be provided

2. Pricing Schedule: Detailed pricing structure, rates, and any volume-based discounts

3. Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and remedies

4. Contact Details: Key personnel and escalation contacts for both parties

5. Data Processing Agreement: Detailed terms for personal data handling if applicable

6. Territory Schedule: Definition of geographical areas covered by the agreement

7. Change Control Procedure: Process for implementing changes to services or terms

8. Exit Plan: Procedures for contract termination and service transition

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








































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Relevant Industries

Retail

Manufacturing

Technology

Consumer Goods

Professional Services

Financial Services

Telecommunications

Healthcare

Industrial Products

E-commerce

Automotive

Logistics

Relevant Teams

Legal

Sales

Commercial

Procurement

Business Development

Compliance

Operations

Risk Management

Finance

Contract Administration

Relevant Roles

Sales Director

Commercial Director

Chief Commercial Officer

Legal Counsel

Contract Manager

Business Development Manager

Sales Operations Manager

Account Executive

Procurement Manager

Chief Executive Officer

Chief Legal Officer

Sales Administrator

Compliance Officer

Risk 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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