This document template is designed for organizations entering into outsourcing arrangements under Swiss law. The Outsourcing SLA establishes the contractual framework for service delivery, performance standards, and operational requirements while ensuring compliance with Swiss regulatory requirements. It is particularly relevant for regulated industries subject to FINMA oversight and organizations handling sensitive data under Swiss Federal Data Protection Act. The agreement incorporates mandatory Swiss law provisions, industry-specific requirements, and international best practices for outsourcing governance. This template should be used when establishing new outsourcing relationships or formalizing existing arrangements that require detailed service level commitments and performance metrics.
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1. Parties: Identification of contracting parties with full legal names and addresses
2. Background: Context of the outsourcing arrangement and business objectives
3. Definitions: Defined terms used throughout the agreement
4. Services Scope: Detailed description of services to be provided, including core obligations and deliverables
5. Service Levels: Specific performance metrics, measurement methods, and reporting requirements
6. Charges and Payment: Fee structure, payment terms, and invoicing procedures
7. Data Protection and Security: Compliance with Swiss FDPA and security requirements
8. Governance and Management: Service management, reporting structure, and escalation procedures
9. Personnel and Key Staff: Requirements for service provider staff, key personnel provisions
10. Intellectual Property Rights: Ownership and licensing of IP created or used in service delivery
11. Liability and Insurance: Liability caps, required insurance coverage, and indemnifications
12. Term and Termination: Contract duration, renewal terms, and termination rights
13. Exit Management: Transition assistance and knowledge transfer upon termination
14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Regulatory Compliance: Required for regulated industries (e.g., financial services) to address specific FINMA requirements
2. Business Continuity: Detailed disaster recovery requirements for critical services
3. Security Clearance: Required when services involve access to sensitive facilities or information
4. Environmental Requirements: Include when environmental compliance is relevant to service delivery
5. Social Responsibility: Optional section for incorporating ESG requirements
6. International Data Transfers: Required when services involve cross-border data flows
7. Subcontracting: Include detailed provisions when subcontracting is permitted
8. Change Control: Detailed procedures for service or contract modifications
1. Service Description: Detailed technical and operational service specifications
2. Service Levels and KPIs: Detailed metrics, measurement methods, and service credits
3. Pricing and Charging Model: Detailed fee calculations, rate cards, and pricing mechanisms
4. Data Processing Agreement: Detailed data protection terms compliant with Swiss FDPA
5. Technical Requirements: Infrastructure, system, and technical specifications
6. Governance Procedures: Detailed meeting schedules, reporting formats, and escalation procedures
7. Business Continuity Plan: Detailed disaster recovery and service continuity procedures
8. Exit Plan: Detailed transition and handover procedures
9. Personnel: Key personnel, roles, qualifications, and security requirements
10. Approved Subcontractors: List of pre-approved subcontractors and their roles
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