The Service Agreement Between Two Companies is a fundamental business document used in the Austrian market when one company wishes to engage another for the provision of specific services. This document is essential for establishing clear commercial relationships and is structured according to Austrian legal requirements, particularly the ABGB (Austrian Civil Code) and UGB (Commercial Code). It's commonly used across various industries when businesses need to formalize service arrangements, whether for ongoing operational support, project-based work, or specialized professional services. The agreement typically includes detailed service specifications, performance metrics, payment terms, liability provisions, and data protection requirements in compliance with both Austrian and EU regulations. This type of agreement is particularly important in the Austrian business context as it provides legal certainty and clear governance for business-to-business service relationships while addressing specific requirements of Austrian commercial law.
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1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and registered addresses
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 services to be provided, including any specific requirements or standards
5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and late payment consequences
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Service Levels: Performance standards and metrics for service delivery
10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. Notices: Communication requirements and contact details
16. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
17. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Insurance: Insurance requirements - include when services involve significant risks or physical presence
2. Personnel: Requirements for service provider's staff - include when specific qualifications or security clearances are needed
3. Audit Rights: Client's right to audit service provider - include for regulated industries or complex services
4. Business Continuity: Disaster recovery and business continuity requirements - include for critical services
5. Change Control: Process for managing changes to services - include for complex or long-term agreements
6. Non-Competition: Competitive restrictions - include when sharing sensitive market information
7. Environmental Compliance: Environmental standards and requirements - include for services with environmental impact
8. Subcontracting: Rules for engaging subcontractors - include when subcontracting is likely
9. Exit Management: Transition arrangements at termination - include for complex or critical services
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Service Levels: Detailed service level agreements, KPIs, and measurement methods
3. Schedule 3 - Pricing and Payment: Detailed fee structure, rates, and payment terms
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and requirements
5. Schedule 5 - Contact Details: Key personnel and escalation contacts
6. Appendix A - Technical Requirements: Technical specifications and requirements
7. Appendix B - Security Requirements: Information security and data protection requirements
8. Appendix C - Required Insurance: Details of required insurance coverage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Manufacturing
Financial Services
Healthcare
Telecommunications
Construction
Consulting
Logistics
Real Estate
Energy
Media and Entertainment
Relevant Teams
Legal
Procurement
Operations
Commercial
Finance
Compliance
Risk Management
Business Development
Project Management
Account Management
Service Delivery
Administration
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Legal Counsel
Procurement Manager
Contract Manager
Business Development Manager
Operations Director
Project Manager
Commercial Director
Risk Manager
Compliance Officer
Finance Director
Account Manager
Service Delivery Manager
Department Head
General Counsel
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