The Broker Agreement is a crucial legal document used to establish and govern the relationship between a principal and a broker under Austrian law. It is particularly relevant when engaging intermediaries for various commercial activities such as real estate transactions, insurance sales, financial services, or trading activities. The agreement must comply with the Austrian Maklergesetz (Broker Act), which sets specific requirements for brokerage relationships, as well as the Unternehmensgesetzbuch (UGB) and other relevant Austrian regulations. This document addresses key aspects including scope of services, commission structures, obligations of both parties, compliance requirements, and data protection provisions. It is essential for businesses operating in Austria that wish to engage brokers or agents to represent their interests in various commercial transactions.
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1. Parties: Identification of the principal and the broker, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of the broker and detailed description of authorized services
5. Broker's Obligations: Detailed responsibilities and duties of the broker, including compliance with Austrian regulations
6. Principal's Obligations: Responsibilities and duties of the principal, including information provision and cooperation
7. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
8. Payment Terms: Terms and conditions for payment, including invoicing and payment deadlines
9. Term and Termination: Duration of the agreement and conditions for termination
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Data Protection: GDPR compliance and data handling requirements
12. Liability and Insurance: Limitation of liability, indemnification, and insurance requirements
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Exclusivity: Terms regarding exclusive brokerage rights - include when the broker has exclusive rights
2. Sub-Brokers: Provisions for appointment of sub-brokers - include when sub-brokers are permitted
3. International Transactions: Special provisions for cross-border activities - include for international brokerage
4. Special Industries: Industry-specific requirements - include for regulated industries like insurance or real estate
5. Performance Targets: Specific performance metrics and consequences - include when performance-based terms apply
6. Training and Support: Provisions for training and support services - include when the principal provides these
7. Marketing and Branding: Rules for use of principal's branding - include when broker will use principal's brand
8. Non-Compete: Non-competition restrictions - include when restricting broker's other activities
1. Commission Schedule: Detailed breakdown of commission structures, rates, and special arrangements
2. Services Description: Detailed description of authorized brokerage services and procedures
3. Territory Definition: Geographical areas or markets where broker is authorized to operate
4. Compliance Requirements: Specific regulatory and compliance requirements applicable to the brokerage services
5. Required Documentation: Templates and forms required for brokerage activities
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
7. Service Level Agreement: Performance standards and metrics for broker services
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