The Service Framework Agreement is designed for business relationships where one party will provide services to another on an ongoing basis, with specific services to be defined through separate service orders. This contract type is particularly useful for long-term business relationships where the scope and nature of services may evolve over time. The agreement complies with Swiss law requirements, particularly the Swiss Code of Obligations, and includes essential provisions for service delivery, intellectual property rights, data protection, and risk allocation. It serves as a master agreement that streamlines the procurement process by establishing standard terms that apply to all subsequent service orders, reducing negotiation time and ensuring consistency across multiple service engagements while maintaining flexibility to accommodate specific service requirements.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and brief description of parties' business relationship
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: General framework for services to be provided, including process for adding/removing services
5. Service Orders: Process for requesting, accepting and executing individual service orders under the framework
6. Service Provider's Obligations: Key obligations, service standards, and compliance requirements
7. Client's Obligations: Client's responsibilities and cooperation requirements
8. Fees and Payment Terms: Pricing structure, invoicing, and payment terms
9. Term and Termination: Duration, renewal, and termination provisions
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Data Protection: Compliance with Swiss data protection laws and data handling procedures
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. General Provisions: Standard clauses including notices, amendments, assignment, severability
16. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for disputes
1. Insurance: Required when services involve significant risks or regulatory requirements
2. Service Levels: Include when specific performance metrics and KPIs are needed
3. Business Continuity: Required for critical services or regulated industries
4. Compliance with Laws: Detailed section needed for regulated industries or specific compliance requirements
5. Anti-Corruption: Important for international services or public sector clients
6. Environmental, Social and Governance: Include when ESG commitments are important to parties
7. Subcontracting: Required when service provider may need to subcontract services
8. Change Control: Include for complex services requiring formal change management
9. Exit Assistance: Important for services requiring transition upon termination
1. Schedule 1 - Service Description: Detailed description of service categories covered by the framework
2. Schedule 2 - Pricing and Payment Terms: Detailed fee structure, rates, and payment mechanisms
3. Schedule 3 - Service Level Agreement: Performance metrics, reporting requirements, and remedies
4. Schedule 4 - Data Processing Agreement: Detailed data protection and processing terms compliant with Swiss law
5. Schedule 5 - Contact Details and Escalation: Key contacts and escalation procedures
6. Schedule 6 - Form of Service Order: Template for individual service orders under the framework
7. Schedule 7 - Security Requirements: IT and physical security requirements if applicable
8. Appendix A - Insurance Requirements: Required insurance coverage and limits
9. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
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