��������Ƶ

This Work Service Agreement template is designed for use under Austrian law when engaging independent contractors or service providers for specific projects or deliverables. It's particularly suitable when a clearly defined work product or result is expected, rather than ongoing services. The agreement carefully distinguishes itself from an employment contract (Dienstvertrag) by focusing on the delivery of specific results rather than the provision of time-based services. This helps comply with Austrian labor law requirements and prevents potential reclassification of the relationship as employment. The document includes essential provisions required under the Austrian Civil Code (ABGB) for Werkvertrag agreements, addresses intellectual property rights, defines acceptance procedures, and establishes clear payment terms. It's structured to protect both parties' interests while maintaining flexibility for various types of professional services and project-based work.

1. Parties: Identification of the contractor (service provider) and client, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement and confirmation this is a work service agreement, not an employment contract

3. Definitions: Key terms used throughout the agreement, including 'Work Product', 'Specifications', 'Acceptance Criteria'

4. Scope of Work: Detailed description of the work/service to be provided, including deliverables and specifications

5. Time for Performance: Deadlines, milestones, and completion dates for the work

6. Remuneration and Payment Terms: Fee structure, payment schedule, invoicing requirements, and VAT provisions

7. Acceptance Procedure: Process for reviewing, testing, and accepting the completed work

8. Warranty: Warranties for the work quality and performance as required by Austrian law

9. Intellectual Property Rights: Ownership and transfer of IP rights in the work product

10. Liability and Insurance: Extent of liability, limitations, and required insurance coverage

11. Termination: Grounds and process for terminating the agreement

12. Independent Contractor Status: Clear statement of independent contractor relationship and distinction from employment

13. Confidentiality: Protection of confidential information exchanged during the project

14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

15. General Provisions: Standard clauses including severability, entire agreement, and amendments