The Service Provider Agreement serves as a foundational document for establishing professional service relationships under Austrian law. It is commonly used when one party (the service provider) agrees to provide professional services to another party (the client) on an ongoing or project basis. This agreement is essential for businesses operating in Austria or choosing Austrian law as their governing law, as it incorporates specific requirements from the Austrian Civil Code (ABGB), Commercial Code (UGB), and relevant EU regulations. The document typically includes detailed provisions on service scope, performance standards, payment terms, intellectual property rights, data protection (GDPR compliance), liability limitations, and dispute resolution mechanisms that align with Austrian legal requirements.
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1. Parties: Identification and details of the contracting parties (service provider and client)
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including deliverables and performance standards
5. Term and Commencement: Duration of the agreement and conditions for commencement
6. Service Provider's Obligations: Detailed responsibilities and commitments of the service provider
7. Client's Obligations: Responsibilities and commitments of the client, including cooperation requirements
8. Fees and Payment Terms: Pricing, payment schedule, invoicing, and payment terms
9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: GDPR and Austrian DSG compliance requirements
12. Liability and Indemnification: Limitation of liability and indemnification provisions under Austrian law
13. Termination: Termination rights, notice periods, and consequences of termination
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. General Provisions: Standard legal provisions including notices, amendments, and severability
16. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction
1. Service Levels: Detailed service level agreements (SLAs) - include when specific performance metrics are required
2. Personnel: Requirements for service provider's personnel - include when specific qualifications or security clearances are needed
3. Insurance: Insurance requirements - include for high-risk or high-value services
4. Compliance with Laws: Specific regulatory compliance obligations - include when operating in regulated industries
5. Audit Rights: Client's rights to audit service provider - include for critical or regulated services
6. Business Continuity: Business continuity and disaster recovery requirements - include for critical services
7. Non-Competition: Restrictions on competitive activities - include when protecting market position
8. Anti-Corruption: Anti-bribery and corruption provisions - include for international services or public sector clients
9. Change Control: Process for managing changes to services - include for complex or long-term services
1. Schedule 1 - Service Description: Detailed technical and operational description of services
2. Schedule 2 - Service Levels: Detailed SLAs, KPIs, and performance measurement criteria
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 conditions
5. Schedule 5 - Key Personnel: Details of key personnel assigned to provide the services
6. Appendix A - Service Request Form: Template for requesting specific services or changes
7. Appendix B - Acceptance Testing: Procedures and criteria for accepting deliverables
8. Appendix C - Security Requirements: IT and physical security requirements and procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Management Consulting
Healthcare
Financial Services
Education and Training
Facilities Management
Marketing and Advertising
Engineering Services
Business Process Outsourcing
Construction
Telecommunications
Legal Services
Human Resources
Relevant Teams
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Business Development
Project Management
Commercial
Account Management
Service Delivery
Information Technology
Human Resources
Quality Assurance
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Contract Manager
Operations Director
Project Manager
Business Development Manager
Risk Manager
Compliance Officer
Service Delivery Manager
Account Manager
Department Head
Commercial Director
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