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Terms Of Business Agreement for Austria

Terms Of Business Agreement Template for Austria

A comprehensive legal document governed by Austrian law that establishes the standard terms and conditions under which a business provides its goods or services to customers. This agreement incorporates requirements from the Austrian Civil Code (ABGB), Commercial Code (UGB), and where applicable, Consumer Protection Act (KSchG), while ensuring compliance with EU regulations including GDPR. The document outlines key aspects such as service delivery, payment terms, liability limitations, data protection, and dispute resolution procedures, providing a robust framework for business relationships in the Austrian market.

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What is a Terms Of Business Agreement?

The Terms of Business Agreement serves as a foundational document for businesses operating in Austria, establishing the legal framework for commercial relationships with customers and clients. This document is essential for any business providing goods or services in the Austrian market, as it must comply with specific requirements under Austrian law, including the ABGB, UGB, and relevant EU regulations. The agreement typically covers crucial aspects such as service scope, pricing, liability, data protection, and dispute resolution. It's particularly important for businesses engaging in regular transactions with customers, whether B2B or B2C, and needs to be carefully drafted to ensure enforceability under Austrian jurisdiction while protecting the business's interests and maintaining compliance with consumer protection laws where applicable.

What sections should be included in a Terms Of Business Agreement?

1. Parties: Identification of the business providing the terms (supplier) and specification of the types of customers these terms apply to

2. Background: Brief context of the business relationship and purpose of the terms

3. Definitions: Key terms used throughout the agreement defined for clarity and consistency

4. Scope of Services: Detailed description of the services or products provided under these terms

5. Order Process: Procedure for placing and accepting orders

6. Pricing and Payment Terms: Fees, payment methods, payment terms, and billing procedures

7. Delivery and Performance: Terms regarding delivery of goods or performance of services

8. Customer Obligations: Responsibilities and commitments required from the customer

9. Intellectual Property Rights: Protection and ownership of intellectual property

10. Confidentiality: Obligations regarding confidential information

11. Data Protection: GDPR compliance and data processing terms

12. Liability and Indemnification: Limitations of liability and indemnification provisions

13. Term and Termination: Duration of the agreement and termination provisions

14. Force Majeure: Provisions for unforeseeable circumstances

15. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction details

What sections are optional to include in a Terms Of Business Agreement?

1. Quality Assurance: Specific quality standards and monitoring procedures, relevant for manufacturing or technical services

2. Service Level Agreement: Detailed performance metrics and standards, relevant for technical or ongoing services

3. Insurance: Insurance requirements, relevant for high-risk or regulated services

4. Compliance with Laws: Specific regulatory compliance requirements, relevant for regulated industries

5. Anti-Corruption: Anti-bribery and corruption provisions, relevant for international business or public sector contracts

6. Assignment and Subcontracting: Terms for transferring rights or using subcontractors, relevant for complex service arrangements

7. Environmental Compliance: Environmental standards and requirements, relevant for manufacturing or waste-handling services

What schedules should be included in a Terms Of Business Agreement?

1. Price List: Detailed pricing structure and rates

2. Service Specification: Detailed technical or operational specifications of services

3. Data Processing Agreement: Detailed GDPR-compliant data processing terms

4. Service Level Metrics: Specific performance indicators and measurement criteria

5. Contact Details: Key contacts and escalation procedures

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

Retail

E-commerce

Professional Services

Technology

Manufacturing

Distribution

Financial Services

Consulting

Software & IT

Healthcare

Construction

Telecommunications

Hospitality

Education

Relevant Teams

Legal

Commercial

Sales

Compliance

Operations

Risk Management

Business Development

Customer Relations

Contract Administration

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Compliance Officer

Contract Manager

Chief Legal Officer

General Counsel

Sales Director

Operations Manager

Risk Manager

Chief Executive Officer

Chief Commercial Officer

Business Owner

Managing Director

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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