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Service Fee Contract
"I need a Service Fee Contract governed by Swiss law for my IT consultancy company providing software development services to a large pharmaceutical company, with specific provisions for data protection and intellectual property rights, starting from March 2025."
1. Parties: Identification and details of the service provider and service recipient
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided
5. Service Fee and Payment Terms: Fee structure, payment schedule, invoicing requirements, and VAT treatment
6. Term and Termination: Duration of the agreement and termination provisions
7. Service Provider's Obligations: Key responsibilities and performance standards of the service provider
8. Client's Obligations: Responsibilities of the client, including cooperation and information provision
9. Intellectual Property Rights: Ownership and usage rights of any IP created during service provision
10. Confidentiality: Protection of confidential information exchanged during the service relationship
11. Liability and Indemnification: Limitation of liability and indemnification obligations under Swiss law
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. General Provisions: Standard clauses including notices, amendments, and severability
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Data Protection: Required when services involve processing personal data under Swiss FADP
2. Non-Competition: Optional restrictions on competitive activities, subject to Swiss law limitations
3. Insurance: Required insurance coverage, particularly for high-risk or regulated services
4. Quality Standards: Specific quality metrics and standards for specialized services
5. Compliance with Laws: Specific regulatory compliance requirements for regulated industries
6. Subcontracting: Terms for allowing or prohibiting subcontracting of services
7. Training and Support: Additional provisions for services requiring ongoing training or support
8. Audit Rights: Client's right to audit service provision, particularly in regulated industries
1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and performance metrics
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance standards and metrics if applicable
4. Schedule 4 - Contact Details: Key personnel and communication protocols
5. Appendix A - Required Forms: Standard forms for service requests, reports, or invoicing
6. Appendix B - Technical Requirements: Technical specifications or requirements for service delivery
Authors
Professional Services
Information Technology
Management Consulting
Financial Services
Legal Services
Healthcare
Engineering
Architecture
Education and Training
Marketing and Advertising
Real Estate
Business Advisory
Research and Development
Technical Services
Legal
Procurement
Finance
Operations
Human Resources
Compliance
Risk Management
Commercial
Business Development
Project Management
Administration
Contracts Management
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Finance Director
Chief Financial Officer
Operations Manager
Project Manager
Human Resources Director
Compliance Officer
Risk Manager
Commercial Director
Managing Director
Chief Executive Officer
Department Head
Service Delivery Manager
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