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Service And Maintenance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Service And Maintenance Agreement

"I need a Service and Maintenance Agreement under Swiss law for IT infrastructure maintenance services, including 24/7 support and emergency response requirements, to be provided to our Zurich-based company starting March 2025."

Document background
This Service and Maintenance Agreement is designed for use in Switzerland when a service provider agrees to perform regular maintenance and support services for a customer's equipment, facilities, or systems. The agreement is structured to comply with Swiss law, particularly the Swiss Code of Obligations (OR) provisions on service contracts (Auftragsrecht) and work contracts (Werkvertrag). It typically includes detailed specifications of services, performance standards, response times, pricing mechanisms, and liability provisions. The document is essential for establishing clear expectations and responsibilities between parties, ensuring proper maintenance standards, and providing a framework for long-term service relationships while incorporating Swiss-specific legal requirements and business practices.
Suggested Sections

1. Parties: Identification of the service provider and customer, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the maintenance and service obligations to be provided

5. Service Provider's Obligations: Specific duties and responsibilities of the service provider

6. Customer's Obligations: Customer's responsibilities including access, cooperation, and information provision

7. Service Levels: Performance standards, response times, and service availability requirements

8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

9. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

10. Liability and Indemnification: Allocation of risks and limitations of liability under Swiss law

11. Force Majeure: Circumstances excusing performance of obligations

12. Confidentiality: Protection of confidential information and trade secrets

13. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

1. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss Federal Act on Data Protection

2. Intellectual Property: Needed when services involve software, documentation, or other IP-protected materials

3. Insurance: Include when specific insurance coverage requirements are necessary for high-risk services

4. Personnel: Required when specific qualifications or security clearances are needed for service personnel

5. Spare Parts: Include when maintenance services require replacement parts or components

6. Emergency Services: Add when 24/7 emergency response or special out-of-hours services are required

7. Training: Include when service provider must provide training to customer's staff

8. Warranty: Add when specific warranties for maintenance work or replaced parts are required

Suggested Schedules

1. Schedule 1 - Service Specification: Detailed technical specifications of maintenance and service tasks

2. Schedule 2 - Service Levels and KPIs: Specific performance metrics, response times, and measurement criteria

3. Schedule 3 - Fee Schedule: Detailed pricing, rate cards, and payment terms

4. Schedule 4 - Equipment List: Inventory of equipment covered by the maintenance services

5. Schedule 5 - Contact Details: Key contacts and escalation procedures for both parties

6. Schedule 6 - Site Access Procedures: Procedures for accessing customer premises and security requirements

7. Appendix A - Form of Reports: Templates for maintenance reports and service documentation

8. Appendix B - Change Request Form: Standard form for requesting changes to services or scope

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses







































Relevant Industries

Manufacturing

Information Technology

Healthcare

Building & Construction

Industrial Equipment

Facilities Management

Energy & Utilities

Telecommunications

Transportation & Logistics

Real Estate

Relevant Teams

Legal

Operations

Facilities Management

Procurement

Technical Services

Maintenance

Contract Management

Risk Management

Finance

Compliance

Relevant Roles

Facility Manager

Maintenance Director

Operations Manager

Technical Services Manager

Contract Manager

Procurement Manager

Legal Counsel

Chief Operations Officer

Service Delivery Manager

Technical Director

Equipment Manager

Asset Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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