This Service Contract template is designed for use under Austrian law when establishing a formal service provision relationship between parties. It is particularly suitable for both business-to-business (B2B) and business-to-consumer (B2C) arrangements, incorporating necessary provisions from the Austrian Civil Code (ABGB), Commercial Code (UGB), and relevant EU regulations. The document should be used whenever a business or individual is engaging another party to provide specific services, whether professional, technical, or operational in nature. It includes essential elements such as service scope, performance metrics, payment terms, and compliance requirements, while maintaining flexibility to accommodate various service types and industry-specific needs. The contract structure ensures alignment with Austrian legal requirements while providing clear allocation of responsibilities and risk between parties.
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1. Parties: Identification and details of the service provider and service recipient, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a service relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided, including specific deliverables and performance standards
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and late payment consequences
7. Service Provider's Obligations: Key responsibilities and obligations of the service provider, including quality standards and compliance requirements
8. Client's Obligations: Responsibilities and obligations of the client, including cooperation and provision of necessary information or resources
9. Intellectual Property Rights: Ownership and usage rights of any intellectual property created or used during service provision
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Data Protection: GDPR and DSG compliance requirements and data processing obligations
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for dispute resolution
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Service Levels: Detailed service level agreements (SLAs) and performance metrics, used when specific performance standards need to be measured and maintained
2. Compliance with Industry Standards: Specific industry regulations or standards that must be met, included when services are in regulated industries
3. Personnel Requirements: Qualifications and requirements for key personnel, included when specific expertise or certifications are required
4. Subcontracting: Terms governing the use of subcontractors, included when subcontracting is permitted
5. Change Management: Procedures for requesting and implementing changes to services, included for complex or long-term service arrangements
6. Audit Rights: Client's rights to audit service provider's performance and compliance, included for regulated services or when quality assurance is critical
7. Business Continuity: Requirements for business continuity and disaster recovery, included for critical services
8. Exit Management: Procedures for transitioning services upon contract termination, included for complex service arrangements
9. Insurance Requirements: Specific insurance coverage requirements, included for high-risk services
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed service level agreements, KPIs, and performance metrics
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Schedule 6 - Required Documentation: List of required certificates, licenses, or other documentation
7. Appendix A - Technical Requirements: Technical specifications or requirements for service delivery
8. Appendix B - Security Requirements: Information security requirements and procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Consulting
Financial Services
Healthcare
Education
Manufacturing
Construction
Real Estate
Marketing and Advertising
Legal Services
Engineering
Telecommunications
Facilities Management
Research and Development
Relevant Teams
Legal
Procurement
Operations
Finance
Compliance
Commercial
Business Development
Risk Management
Project Management
Account Management
Service Delivery
Executive Leadership
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Operations Director
Project Manager
Chief Financial Officer
Chief Operating Officer
Risk Manager
Compliance Officer
Commercial Director
Account Manager
Service Delivery Manager
Managing Director
Chief Executive Officer
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