The Service Provider Contract is a fundamental legal instrument used in Austrian business relationships to establish and regulate professional service arrangements. This document is essential when engaging external service providers, consultants, or professional firms to perform specific services or projects. It complies with Austrian legal requirements, including the ABGB (Austrian Civil Code) and UGB (Commercial Code), while incorporating necessary provisions for modern business operations. The contract addresses key aspects such as service scope, payment terms, liability, intellectual property rights, and data protection obligations under GDPR. It's particularly important for businesses operating in Austria to use this properly structured agreement to ensure legal compliance, clear delineation of responsibilities, and protection of both parties' interests in the service relationship.
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1. Parties: Identification of the contracting parties with full legal names, registration details, and 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 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 procedures, 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. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created intellectual property
10. Confidentiality: Protection and handling of confidential information
11. Liability and Indemnification: Limitations of liability and indemnification obligations
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
15. Execution: Signature blocks and execution requirements
1. Data Protection: Required when personal data processing is involved, detailing GDPR compliance measures
2. Service Levels: Include when specific performance metrics and service levels need to be maintained
3. Warranty: Specific warranties for the services, included when service quality guarantees are required
4. Insurance: Insurance requirements, included for high-risk services or when required by industry standards
5. Non-Competition: Restrictions on competitive activities, included when protecting business interests is crucial
6. Compliance with Laws: Detailed compliance obligations, included when services are heavily regulated
7. Subcontracting: Terms for engaging subcontractors, included when subcontracting may be necessary
8. Audit Rights: Client's rights to audit service provider, included for regulated industries or critical services
9. Business Continuity: Disaster recovery and business continuity requirements, for critical service provisions
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: Specific performance metrics, KPIs, and measurement methods
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions
5. Schedule 5 - Contact Details: Key personnel and escalation contacts for both parties
6. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery
7. Appendix B - Security Requirements: Security protocols and requirements for service provision
8. Appendix C - Change Request Form: Template for requesting changes to services or terms
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Management Consulting
Financial Services
Legal Services
Marketing and Advertising
Healthcare
Engineering
Construction
Education and Training
Real Estate
Telecommunications
Business Process Outsourcing
Creative Industries
Environmental Services
Relevant Teams
Legal
Procurement
Operations
Finance
Risk Management
Compliance
Human Resources
Commercial
Business Development
Project Management
Vendor Management
Administration
Relevant Roles
Legal Counsel
Procurement Manager
Contract Manager
Business Development Manager
Project Manager
Operations Director
Chief Financial Officer
Risk Manager
Compliance Officer
Human Resources Manager
General Counsel
Commercial Director
Chief Operating Officer
Vendor Manager
Department Head
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