This Managed Services Agreement template is designed for use under Swiss law when establishing a formal relationship between a service provider and a customer for the ongoing provision of managed services. It is particularly relevant for arrangements where a provider takes responsibility for delivering specific operational functions, processes, or technology services on a continuous basis. The agreement incorporates key requirements under Swiss contract law, data protection regulations, and service obligations, while addressing essential elements such as service levels, governance, pricing, and risk allocation. It is structured to accommodate various types of managed services, from IT infrastructure and application management to business process outsourcing, ensuring compliance with Swiss regulatory requirements while providing practical operational frameworks for service delivery and management.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Services Scope: Detailed description of services to be provided
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Service Provider Obligations: Key responsibilities and commitments of the service provider
7. Customer Obligations: Key responsibilities and commitments of the customer
8. Service Levels: Performance standards and measurement criteria
9. Charges and Payment: Pricing, payment terms, and invoicing procedures
10. Governance and Reporting: Management structure, meetings, and reporting requirements
11. Data Protection and Security: Compliance with Swiss data protection laws and security requirements
12. Intellectual Property Rights: Ownership and usage rights of IP
13. Confidentiality: Protection of confidential information
14. Liability and Indemnities: Allocation of risks and liability caps
15. Force Majeure: Events excusing performance
16. Termination: Termination rights and procedures
17. Exit and Migration: Transition arrangements upon termination
18. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Regulatory Compliance: Required if services are subject to specific regulatory requirements (e.g., financial services, healthcare)
2. Business Continuity: Required for critical services requiring disaster recovery and business continuity planning
3. Staff and Key Personnel: Include when specific staff or roles are critical to service delivery
4. Insurance: Detailed insurance requirements beyond standard liability provisions
5. Environmental Compliance: Required for services with environmental impact
6. Anti-Bribery and Corruption: Important for international services or public sector clients
7. Change Control: Detailed change management procedures for complex services
8. Benchmarking: Include when market comparison of services and pricing is required
9. Parent Company Guarantee: Required when financial backing from parent company is needed
1. Schedule 1 - Services Description: Detailed technical and operational description of services
2. Schedule 2 - Service Levels and KPIs: Detailed service level requirements, measurement, and remedies
3. Schedule 3 - Charges: Detailed pricing, payment structure, and rate cards
4. Schedule 4 - Governance and Reporting: Detailed governance structure, meetings, and reporting requirements
5. Schedule 5 - Security and Data Protection: Detailed security requirements and data protection procedures
6. Schedule 6 - Customer Dependencies: Detailed customer responsibilities and requirements
7. Schedule 7 - HR and Key Personnel: Staff requirements, key roles, and any transfer provisions
8. Schedule 8 - Business Continuity Plan: Disaster recovery and business continuity procedures
9. Schedule 9 - Exit Plan: Detailed transition and termination assistance procedures
10. Appendix A - Definitions: Comprehensive list of defined terms
11. Appendix B - Form of Change Order: Template for documenting changes to services or contract
12. Appendix C - Technical Infrastructure: Details of technical environment and specifications
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