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Business Service Level Agreement Template for Austria

An Austrian Business Service Level Agreement is a legally binding contract that defines the specific terms, conditions, and metrics for service delivery between business entities under Austrian jurisdiction. The document establishes clear performance standards, measurement criteria, and consequences for service delivery failures while complying with Austrian commercial law, the ABGB (Austrian Civil Code), and relevant EU regulations. It includes detailed specifications for service quality, availability, response times, and performance metrics, along with provisions for reporting, remedies, and dispute resolution under Austrian law.

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What is a Business Service Level Agreement?

A Business Service Level Agreement is essential when establishing formal service delivery arrangements between businesses in Austria. This document is particularly crucial when services are critical to business operations or require specific performance standards. It defines measurable service levels, performance metrics, and remedies for service failures while ensuring compliance with Austrian legal requirements, including the ABGB (Austrian Civil Code), UGB (Austrian Commercial Code), and relevant EU regulations. The agreement typically includes detailed technical specifications, reporting requirements, and service credit mechanisms, making it suitable for various service-based business relationships, from IT services to professional consulting. It's particularly important for services where quality, availability, and performance need to be precisely defined and measured.

What sections should be included in a Business Service Level Agreement?

1. Parties: Identification of the service provider and customer, including registration details as required under Austrian law

2. Background: Context of the agreement and business relationship between the parties

3. Definitions: Definitions of technical terms, service metrics, and other key terminology used in the agreement

4. Service Description: Detailed description of services to be provided, including scope and exclusions

5. Service Levels: Specific, measurable performance metrics and standards that the service provider commits to meet

6. Service Measurement and Reporting: Methods and frequency of measuring and reporting service performance

7. Service Credits and Penalties: Compensation mechanism for failure to meet service levels

8. Support and Response Times: Support availability, response times for different incident priorities

9. Customer Obligations: Requirements and responsibilities of the customer

10. Fees and Payment Terms: Pricing, payment schedule, and related financial terms

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Data Protection and Security: Compliance with DSG and GDPR, security measures and data handling procedures

13. Confidentiality: Protection of confidential information and trade secrets

14. Liability and Indemnification: Limitations of liability and indemnification obligations compliant with Austrian law

15. Force Majeure: Circumstances under which parties are excused from performance

16. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction for dispute resolution

What sections are optional to include in a Business Service Level Agreement?

1. Change Management: Include when services may require significant modifications during the contract term

2. Disaster Recovery: Required for critical services or when handling sensitive data

3. Insurance Requirements: Include for high-risk or high-value services

4. Audit Rights: Include when compliance verification or performance monitoring is crucial

5. Service Credits Cap: Include when service credits system is complex or high-value

6. Transition Services: Include when service transition or exit requires significant planning

7. Subcontractors: Include when service provider may use third-party providers

8. Intellectual Property Rights: Include when services involve creation or licensing of IP

9. Environmental Requirements: Include for services with environmental impact or compliance requirements

What schedules should be included in a Business Service Level Agreement?

1. Schedule 1 - Service Definitions: Detailed technical specifications of each service component

2. Schedule 2 - Service Level Metrics: Detailed metrics, calculation methods, and measurement periods

3. Schedule 3 - Fee Schedule: Detailed pricing, including any variable components and calculation methods

4. Schedule 4 - Service Credit Calculations: Formulas and examples for calculating service credits

5. Schedule 5 - Technical Requirements: Customer technical requirements and specifications

6. Schedule 6 - Contact Details and Escalation Procedures: Key contacts and escalation paths for both parties

7. Schedule 7 - Report Templates: Templates for regular service performance reports

8. Appendix A - Data Processing Agreement: Required when services involve personal data processing

9. Appendix B - Security Requirements: Detailed security protocols and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Cost

Free to use

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