The IT Services Contract serves as the primary legal framework for establishing and governing the provision of information technology services in Switzerland. This contract type is essential when engaging external IT service providers or formalizing internal IT service arrangements. It encompasses detailed specifications of services, service levels, data protection measures (compliant with Swiss regulations), security requirements, and risk allocation between parties. The document is structured to comply with Swiss law, particularly the Code of Obligations and Federal Act on Data Protection, while addressing industry-specific requirements and best practices in IT service delivery. It is commonly used for various IT services including software development, system maintenance, cloud services, IT consulting, and technical support, providing comprehensive coverage of both technical and legal aspects of the service relationship.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and high-level business objectives
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: Overview of IT services to be provided and general service obligations
5. Service Provider's Obligations: Detailed responsibilities and commitments of the service provider
6. Customer's Obligations: Customer's responsibilities, including provision of information and access
7. Service Levels: Performance standards, metrics, and measurement methodology
8. Charges and Payment: Fee structure, payment terms, and invoicing procedures
9. Data Protection and Security: Compliance with Swiss data protection laws and security requirements
10. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Allocation of risks and limitation of liability under Swiss law
13. Term and Termination: Duration, renewal, and termination provisions
14. Force Majeure: Handling of events beyond parties' reasonable control
15. General Provisions: Standard legal provisions including governing law and jurisdiction
16. Signatures: Execution blocks for both parties
1. Personnel: Specific provisions regarding key personnel and staff requirements, used when service delivery depends on specific individuals
2. Third-Party Services: Provisions governing subcontractors and third-party service providers, included when subcontracting is anticipated
3. Transition Services: Procedures for service transition at the start and end of the contract, needed for complex service arrangements
4. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
5. Audit Rights: Customer's rights to audit service provider's compliance, included for regulated industries or critical services
6. Change Control: Procedures for managing changes to services or contract terms, needed for long-term or complex services
7. Insurance: Specific insurance requirements, included for high-risk or high-value services
8. Export Control: Provisions regarding international data transfers and technology export, needed when services cross borders
1. Service Description: Detailed technical and functional specifications of the IT services
2. Service Levels and Service Credits: Detailed service level agreements and associated credit mechanisms
3. Charges: Detailed pricing, payment structure, and rate cards
4. Security Requirements: Specific security standards, protocols, and compliance requirements
5. Data Processing Agreement: Detailed provisions for compliance with Swiss data protection laws
6. Business Continuity Plan: Detailed procedures for maintaining service continuity
7. Key Personnel: List of key staff members and their roles
8. Exit Plan: Detailed procedures for service termination and transition
9. Approved Subcontractors: List of pre-approved third-party service providers
10. Technical Infrastructure Requirements: Specifications for technical infrastructure and connectivity
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Education
Government and Public Sector
Insurance
Pharmaceutical
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk and Compliance
Operations
Finance
Data Protection
Vendor Management
Project Management
Service Delivery
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
IT Project Manager
Information Security Officer
Data Protection Officer
Contract Manager
Technology Officer
Operations Manager
Risk Manager
Compliance Officer
Service Delivery Manager
Vendor Manager
Chief Technology Officer
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