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Personal Services Contract for Austria

Personal Services Contract Template for Austria

This document is a comprehensive Personal Services Contract governed by Austrian law, specifically designed for independent professionals providing services to businesses or organizations. It complies with the Austrian Civil Code (ABGB) and relevant commercial regulations while establishing a clear independent contractor relationship. The agreement covers essential elements including service scope, remuneration, professional obligations, liability, and data protection requirements under GDPR, all within the context of Austrian legal framework and business practices.

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What is a Personal Services Contract?

This Personal Services Contract template is designed for use in Austria when engaging independent professionals for specific services or projects. It provides a legal framework compliant with Austrian civil law (ABGB), commercial regulations, and EU requirements including GDPR. The document is particularly useful for businesses seeking to formalize relationships with independent contractors, consultants, or freelance professionals while clearly distinguishing these arrangements from employment relationships. It includes comprehensive provisions for service delivery, payment terms, professional obligations, and risk allocation, while maintaining flexibility for various types of professional services. The contract addresses key considerations under Austrian law regarding independent contractor status, social security implications, and professional liability.

What sections should be included in a Personal Services Contract?

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

2. Background: Context of the agreement and confirmation of the parties' intention to enter into a personal services arrangement

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and 'Service Period'

4. Scope of Services: Detailed description of the services to be provided, including any specific deliverables and quality standards

5. Term and Timing: Duration of the agreement, including start date, end date if applicable, and any renewal provisions

6. Remuneration and Payment Terms: Fee structure, payment schedule, invoicing requirements, and expense policies

7. Independent Contractor Status: Clear statement of the independent nature of the relationship and distinction from employment

8. Service Provider's Obligations: Key responsibilities, professional standards, and compliance requirements

9. Client's Obligations: Client's responsibilities, including provision of information and materials needed for service delivery

10. Intellectual Property Rights: Ownership and usage rights of any work product or intellectual property created during service provision

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Insurance: Limitation of liability, indemnification, and required insurance coverage

14. Termination: Grounds for termination, notice periods, and consequences of termination

15. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Personal Services Contract?

1. Non-Competition: Restrictions on competing activities, used when service provider has access to sensitive market information

2. Equipment and Resources: Specification of tools and resources provided by either party, used when specific equipment is required

3. Performance Metrics: Specific KPIs and evaluation criteria, used for performance-based contracts

4. Substitute Services: Rights and conditions for using substitute service providers, used when personal performance isn't strictly required

5. Training Requirements: Specific qualifications or training needed, used for specialized services

6. Quality Control: Specific quality assurance processes, used for technical or professional services

7. Force Majeure: Provisions for unforeseen circumstances, used for long-term or critical services

What schedules should be included in a Personal Services Contract?

1. Schedule 1 - Service Specification: Detailed description of services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Specific performance standards and metrics

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

5. Appendix A - Required Qualifications: List of required certifications, qualifications, or experience

6. Appendix B - Approved Substitutes: List of pre-approved substitute service providers if applicable

7. Appendix C - Equipment List: Detailed list of any equipment provided or required

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Information Technology

Management Consulting

Professional Services

Healthcare

Education and Training

Creative Industries

Engineering

Financial Services

Business Advisory

Technical Services

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Compliance

Risk Management

Professional Services

Vendor Management

Relevant Roles

Independent Consultant

Freelance Developer

Professional Trainer

Technical Specialist

Business Advisor

Project Manager

Creative Professional

Healthcare Practitioner

Engineering Consultant

Financial Advisor

Marketing Specialist

IT Consultant

Educational Consultant

Research Analyst

Professional Coach

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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