This Subscription Contract template is designed for use under Austrian law when establishing recurring service or product delivery arrangements. It is particularly relevant for businesses operating subscription-based models, whether in digital services, physical goods, or hybrid offerings. The document incorporates mandatory requirements from Austrian consumer protection laws (KSchG), e-commerce regulations (ECG), and EU directives, particularly regarding distance selling and data protection (GDPR). The contract structure accommodates various subscription models while ensuring compliance with Austrian legal requirements for contract formation, consumer rights, and electronic commerce. It is especially suitable for businesses operating in Austria or targeting Austrian customers, providing a framework for clear definition of subscription terms, payment arrangements, and service delivery obligations.
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1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the subscription service
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of the subscription service, including scope and delivery method
5. Subscription Term: Duration of the subscription, including start date and renewal terms
6. Fees and Payment: Subscription costs, payment schedule, payment methods, and billing procedures
7. Rights and Obligations: Detailed responsibilities and rights of both service provider and subscriber
8. Service Levels: Performance standards and service availability commitments
9. Termination: Conditions and procedures for contract termination, including notice periods
10. Data Protection: GDPR compliance measures and data handling procedures
11. Confidentiality: Protection of confidential information exchanged during the subscription
12. Liability and Warranties: Limitation of liability clauses and service warranties
13. Governing Law: Specification of Austrian law as governing law and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability and entire agreement
1. Free Trial Period: Terms for any initial free trial period, used when the service offers a trial subscription
2. Usage Limitations: Specific restrictions on service usage, relevant for tiered subscription models
3. User Content: Rules regarding user-generated content, needed when the service allows content uploading
4. API Access: Terms for API usage and integration, applicable for technical services
5. Support Services: Details of technical support provision, relevant for complex services
6. Insurance Requirements: Insurance obligations, necessary for high-risk or regulated services
7. Intellectual Property Rights: Detailed IP provisions, important for content-based services
8. Service Credits: Compensation scheme for service level failures, relevant for enterprise services
9. Dispute Resolution: Alternative dispute resolution procedures, useful for high-value contracts
1. Service Level Agreement (SLA): Detailed technical specifications and performance metrics
2. Pricing Schedule: Detailed pricing tiers, special rates, and payment terms
3. Data Processing Agreement: Detailed GDPR-compliant data processing terms
4. Technical Requirements: Technical specifications and requirements for service usage
5. Support Level Matrix: Detailed support levels and response times
6. Acceptable Use Policy: Detailed rules and restrictions for service usage
7. Service Territory: Geographic regions where the service is provided
8. Change Management Procedure: Process for implementing service or contract changes
Relevant legal definitions
Clauses
Relevant Industries
Software and Technology
Digital Media and Entertainment
Professional Services
Healthcare
Education and E-Learning
Retail and Consumer Goods
Financial Services
Telecommunications
Fitness and Wellness
Publishing and Content
Cloud Services
IoT and Connected Devices
Relevant Teams
Legal
Compliance
Sales
Business Development
Customer Success
Operations
Revenue Operations
Product Management
Account Management
Risk Management
Privacy
Commercial
Relevant Roles
Legal Counsel
Contract Manager
Compliance Officer
Business Development Manager
Sales Director
Product Manager
Customer Success Manager
Operations Director
Chief Legal Officer
Chief Commercial Officer
Revenue Operations Manager
Subscription Manager
Account Executive
Privacy Officer
Risk Manager
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