This Outsourcing Contract Agreement is designed for use in Switzerland when a company (the customer) wishes to engage an external service provider to perform specific business functions or services. The agreement is structured to comply with Swiss legal requirements, including the Swiss Code of Obligations, Federal Data Protection Act, and relevant industry-specific regulations. It is particularly important for arrangements involving critical business functions, data processing, or regulated services. The document includes comprehensive provisions for service delivery, performance measurement, data protection, confidentiality, liability allocation, and exit management. This type of agreement is essential for protecting both parties' interests while ensuring regulatory compliance and operational clarity in outsourcing relationships.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and business objectives
3. Definitions: Defined terms used throughout the agreement
4. Services: Detailed description of outsourced services and delivery requirements
5. Service Levels: Performance standards, metrics, and measurement methodology
6. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
7. Customer Obligations: Customer's responsibilities and commitments
8. Provider Obligations: Provider's responsibilities and commitments
9. Data Protection and Privacy: Compliance with Swiss FDPA and data handling requirements
10. Confidentiality: Protection of confidential information and trade secrets
11. Intellectual Property Rights: Ownership and licensing of IP created or used in services
12. Liability and Indemnification: Risk allocation and liability limitations under Swiss law
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Term and Termination: Contract duration, renewal, and termination provisions
15. Exit Management: Procedures for service transition upon contract termination
16. Governing Law and Jurisdiction: Swiss law application and dispute resolution procedures
1. Personnel and Key Staff: Required when specific personnel are crucial to service delivery
2. Security Requirements: Needed for services involving sensitive data or systems
3. Business Continuity: Required for critical services requiring disaster recovery planning
4. Regulatory Compliance: Necessary for regulated industries (e.g., financial services)
5. Audit Rights: Important when compliance verification is needed
6. Anti-Corruption: Required for international services or public sector contracts
7. Insurance: Needed when significant operational risks exist
8. Environmental Requirements: Relevant for services with environmental impact
9. Subcontracting: Required when provider may use subcontractors
1. Schedule 1 - Service Description: Detailed technical and operational service specifications
2. Schedule 2 - Service Levels: Detailed SLA metrics, measurements, and penalties
3. Schedule 3 - Charges: Detailed pricing, payment structure, and calculations
4. Schedule 4 - Customer Dependencies: Detailed customer responsibilities and requirements
5. Schedule 5 - Security Requirements: Detailed security protocols and standards
6. Schedule 6 - Data Processing Agreement: Detailed data protection terms compliant with Swiss FDPA
7. Schedule 7 - Business Continuity Plan: Detailed disaster recovery and continuity procedures
8. Schedule 8 - Exit Plan: Detailed transition and termination procedures
9. Schedule 9 - Key Personnel: Details of key staff and their responsibilities
10. Appendix A - Technical Infrastructure: Technical specifications and requirements
11. Appendix B - Change Control Procedure: Process for managing contract and service changes
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