This Time and Materials Billing contract template is designed for use in professional service engagements under Austrian jurisdiction where the exact scope of work cannot be precisely defined upfront or may evolve over time. It is particularly suitable for consulting, IT services, engineering projects, and other professional services where billing is based on actual time spent and materials used. The document incorporates essential provisions required by Austrian law, including the Austrian Civil Code (ABGB) and Commercial Code (UGB), while providing flexibility to adapt to various service scenarios. It includes comprehensive sections on rate structures, time recording, approval processes, and billing procedures, making it suitable for both domestic and international business relationships involving Austrian entities.
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1. Parties: Identification and details of the contracting parties including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided under the time and materials arrangement
5. Time Recording and Approval: Procedures for recording time, submission and approval of timesheets
6. Rates and Expenses: Agreed hourly/daily rates for different categories of work and rules for expense reimbursement
7. Invoicing and Payment: Billing frequency, invoice requirements, payment terms and methods
8. Personnel: Requirements for personnel qualification, replacement procedures, and minimum expertise levels
9. Service Standards: Quality standards, performance requirements and professional conduct expectations
10. Term and Termination: Duration of the agreement and conditions for termination
11. Intellectual Property: Ownership and usage rights of work products and pre-existing materials
12. Confidentiality: Protection and handling of confidential information
13. Liability and Insurance: Limitation of liability, indemnification and required insurance coverage
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Detailed GDPR compliance provisions, required when personal data processing is involved
2. Non-Solicitation: Restrictions on hiring or soliciting each other's personnel, optional based on business risk
3. Change Control: Procedures for changing scope or rates, recommended for longer-term engagements
4. Service Levels: Specific performance metrics and remedies, needed for critical service provisions
5. Warranty: Specific warranties beyond standard service requirements, used for specialized services
6. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
7. Exit Assistance: Transition support at contract end, important for complex service arrangements
8. Compliance with Laws: Specific regulatory compliance requirements, needed for regulated industries
1. Schedule 1 - Rate Card: Detailed breakdown of all applicable rates, including different personnel levels and specialties
2. Schedule 2 - Service Description: Detailed specification of services, methodologies, and deliverables
3. Schedule 3 - Time Recording and Billing Procedures: Detailed procedures for time recording, approval and billing processes
4. Schedule 4 - Key Personnel: List of key personnel assigned to the services with their qualifications
5. Schedule 5 - Expense Policy: Detailed rules for expense claims and reimbursement
6. Appendix A - Time Sheet Template: Standard template for recording and submitting time
7. Appendix B - Progress Report Template: Template for regular service progress reporting
8. Appendix C - Invoice Format: Required format and content for invoices
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Management Consulting
Engineering Services
Professional Services
Construction
Software Development
Legal Services
Architecture
Healthcare Services
Research and Development
Education and Training
Technical Consulting
Creative Services
Environmental Services
Business Process Outsourcing
Relevant Teams
Legal
Procurement
Finance
Commercial
Operations
Sales
Business Development
Risk and Compliance
Human Resources
Project Management Office
Account Management
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Project Manager
Business Development Manager
Operations Director
Commercial Director
Finance Manager
Account Manager
Sales Director
Chief Financial Officer
Managing Director
HR Director
Compliance Officer
Risk Manager
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