The IT Services Contract is essential for businesses engaging external providers for technology services in Austria. This agreement type is particularly relevant in today's digital economy where organizations increasingly rely on external IT expertise and infrastructure. The contract must comply with Austrian civil and commercial law while incorporating EU regulations, particularly GDPR. It typically covers various IT services including software development, system maintenance, cloud services, technical support, and digital transformation initiatives. The document includes comprehensive terms on service delivery, performance metrics, data protection, intellectual property rights, and liability allocation, making it suitable for both simple and complex IT service arrangements. Users should ensure all technical specifications and service level agreements are clearly detailed in the schedules.
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1. Parties: Identification of the service provider and customer with full legal details
2. Background: Context of the agreement and general purpose of the IT services
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of IT services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the IT service provider
6. Customer Obligations: Customer's responsibilities and requirements for service delivery
7. Service Levels: Performance standards, metrics, and measurement methods
8. Charges and Payment: Pricing, payment terms, and invoicing procedures
9. Data Protection and Security: GDPR compliance measures and data security requirements
10. Intellectual Property Rights: Ownership and licensing of IP created or used in services
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Term and Termination: Contract duration, renewal, and termination conditions
14. Force Majeure: Handling of events beyond reasonable control
15. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Change Management: Procedures for requesting and implementing changes to services - include if services are likely to evolve
2. Disaster Recovery: Business continuity and disaster recovery procedures - include for critical systems
3. Staff and Subcontractors: Rules regarding personnel and subcontracting - include if service provider will use subcontractors
4. Insurance: Insurance requirements - include for high-value or high-risk services
5. Audit Rights: Customer's rights to audit service provider - include for regulated industries
6. Service Credits: Financial compensation for service level failures - include for SLA-driven services
7. Exit Management: Procedures for service transition at contract end - include for complex or critical services
8. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries
1. Schedule 1 - Service Description: Detailed technical specifications of IT services
2. Schedule 2 - Service Levels: Detailed SLA metrics, measurements, and reporting requirements
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment milestones
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Security Requirements: Technical and organizational security measures
6. Schedule 6 - Implementation Plan: Timeline and milestones for service implementation
7. Schedule 7 - Accepted Testing Procedures: Service acceptance criteria and testing procedures
8. Schedule 8 - Business Continuity Plan: Disaster recovery and business continuity procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Government
E-commerce
Insurance
Media and Entertainment
Transportation and Logistics
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Information Security
Operations
Finance
Data Protection
Vendor Management
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
Procurement Manager
Legal Counsel
Data Protection Officer
IT Project Manager
Contract Manager
Risk Manager
Information Security Manager
Operations Director
Chief Digital Officer
Vendor Manager
Compliance Officer
Technical Architect
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