The Standard Independent Contractor Agreement is essential for businesses operating in Austria who engage independent professionals for specific projects or services. This agreement is designed to comply with Austrian legal requirements, including the Austrian Civil Code (ABGB) and relevant commercial laws, while clearly establishing the contractor's independent status to avoid misclassification as employment. It covers essential elements such as service scope, compensation, intellectual property rights, data protection, and liability provisions. The document is particularly important given Austria's strict regulations regarding pseudo-employment and should be used whenever engaging external professionals for project-based or temporary service provision. It includes specific provisions for VAT handling, social security compliance, and professional liability, making it suitable for various professional services across different industries.
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1. Parties: Identification of the contracting company and the independent contractor, including full legal names, addresses, and registration details
2. Background: Context of the agreement and confirmation of the contractor's independent business status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the contractor
5. Term and Termination: Duration of the agreement and conditions for termination
6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements including VAT considerations
7. Independent Contractor Status: Clear statement of independent contractor relationship and disclaimer of employment relationship
8. Contractor's Obligations: Key responsibilities including quality standards, timeline commitments, and reporting requirements
9. Company's Obligations: Company's responsibilities including provision of necessary information and materials
10. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data processing obligations
13. Liability and Insurance: Liability limitations and required insurance coverage
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competing activities, used when contractor has access to sensitive business information
2. Equipment and Resources: Specifies who provides necessary tools and resources, used when significant equipment is needed
3. Substitute Performance: Right to use subcontractors or assistants, included when relevant to service delivery
4. Training and Certification: Required qualifications and ongoing training, used for specialized services
5. Quality Control: Specific quality standards and review processes, used for complex deliverables
6. Force Majeure: Provisions for unforeseeable circumstances, important for long-term or critical services
7. Assignment Rights: Rights to transfer or assign the contract, used when relevant to business structure
1. Schedule A - Service Description: Detailed specification of services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Levels: Performance metrics and quality standards
4. Schedule D - Data Processing Agreement: GDPR-compliant data processing terms and conditions
5. Appendix 1 - Required Qualifications: List of required certifications, licenses, or qualifications
6. Appendix 2 - Company Policies: Relevant company policies applicable to contractors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Management Consulting
Professional Services
Creative Industries
Engineering
Construction
Healthcare
Education and Training
Digital Marketing
Financial Services
Research and Development
Technical Services
Media and Communications
Relevant Teams
Legal
Human Resources
Procurement
Finance
Operations
Project Management Office
Compliance
Risk Management
Relevant Roles
Project Manager
Software Developer
Business Consultant
Graphic Designer
Marketing Specialist
Technical Writer
IT Consultant
Financial Advisor
Training Consultant
Engineering Consultant
Research Analyst
Digital Marketing Specialist
Content Creator
Systems Architect
Quality Assurance Specialist
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