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Subcontractor Agreement For Services for Austria

Subcontractor Agreement For Services Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes and regulates the relationship between a main contractor and a subcontractor for the provision of specific services. The document outlines the scope of services, payment terms, performance standards, and compliance requirements while ensuring alignment with Austrian civil law, labor regulations, and social security requirements. It includes provisions for maintaining independent contractor status, managing intellectual property rights, and addressing liability and insurance requirements in accordance with Austrian legal framework.

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What is a Subcontractor Agreement For Services?

The Subcontractor Agreement For Services is essential for businesses operating in Austria who need to engage external service providers while maintaining clear contractual relationships. This document is specifically structured to comply with Austrian legal requirements, including the Austrian Civil Code (ABGB) and relevant labor laws, ensuring proper classification of independent contractors versus employees. It is particularly important for projects requiring specialized expertise or additional resource capacity, where the main contractor wishes to delegate certain services while maintaining quality control and clear accountability. The agreement addresses key aspects such as scope of work, payment terms, liability, insurance requirements, and intellectual property rights, while incorporating specific Austrian legal provisions regarding business relationships and social security obligations.

What sections should be included in a Subcontractor Agreement For Services?

1. Parties: Identification of the contractor and subcontractor, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship to main contract (if applicable), and purpose of the subcontracting arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of services to be provided, including deliverables, standards, and quality requirements

5. Term and Timeline: Duration of the agreement, commencement date, and any milestone dates

6. Subcontractor Obligations: Key responsibilities, compliance requirements, reporting obligations, and performance standards

7. Contractor Obligations: Support, information, and resources to be provided by the contractor

8. Fees and Payment Terms: Compensation structure, payment schedule, invoicing requirements, and tax considerations

9. Independent Contractor Status: Clear statement of independent contractor relationship and disclaimer of employment relationship

10. Intellectual Property Rights: Ownership and usage rights of pre-existing and created intellectual property

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Allocation of risks, liability limitations, and indemnification obligations

13. Insurance: Required insurance coverage and minimum limits

14. Termination: Termination rights, notice periods, and consequences of termination

15. General Provisions: Standard legal provisions including notices, amendment process, and governing law

What sections are optional to include in a Subcontractor Agreement For Services?

1. Data Protection: Required when personal data processing is involved, addressing GDPR compliance

2. Non-Competition: Optional restrictions on competitive activities, if relevant to the business relationship

3. Equipment and Materials: Include when specific equipment or materials are provided by either party

4. Quality Assurance: Required for industries with specific quality standards or certifications

5. Health and Safety: Necessary for services performed on-site or with safety considerations

6. Performance Metrics: Include when specific KPIs or service levels are required

7. Warranty: Additional warranty provisions beyond statutory requirements

8. Force Majeure: Specific provisions for handling unforeseen circumstances

9. Assignment and Subcontracting: Include when further subcontracting might be relevant

What schedules should be included in a Subcontractor Agreement For Services?

1. Schedule 1 - Services Description: Detailed specification of services, deliverables, and technical requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics, KPIs, and quality standards

4. Schedule 4 - Required Insurance: Specific insurance requirements and minimum coverage levels

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms if applicable

6. Schedule 6 - Project Timeline: Detailed project schedule, milestones, and deadlines

7. Appendix A - Contact Details: Key contact persons and their details for both parties

8. Appendix B - Required Certifications: List of required professional certifications or licenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
















































Clauses












































Relevant Industries

Information Technology

Construction

Engineering

Professional Services

Management Consulting

Manufacturing

Research and Development

Healthcare Services

Marketing and Advertising

Telecommunications

Industrial Services

Architectural Services

Technical Services

Business Process Outsourcing

Facilities Management

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Commercial

Human Resources

Project Management Office

Supply Chain

Business Development

Technical Operations

Vendor Management

Relevant Roles

Legal Counsel

Procurement Manager

Project Manager

Contract Administrator

Operations Director

Business Development Manager

Risk Manager

Compliance Officer

Finance Manager

Commercial Director

Technical Director

HR Director

General Counsel

Chief Operating Officer

Supply Chain Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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