The Contract for Supply of Services is essential for businesses operating in Austria that engage external service providers or offer services to clients. This document type is particularly relevant in today's business environment where specialized service provision and outsourcing are common practice. The agreement must comply with Austrian legal requirements, including the ABGB, UGB, and relevant EU regulations, particularly regarding data protection and consumer rights where applicable. It typically covers service scope, quality standards, payment terms, liability provisions, and termination rights, while being adaptable to various service types and business relationships. The document is crucial for establishing clear expectations, risk allocation, and performance metrics between parties, while ensuring compliance with Austrian commercial and civil law frameworks.
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1. Parties: Identification and details of the service provider and client, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including specific deliverables and performance standards
5. Term and Commencement: Duration of the agreement and conditions for commencement
6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and VAT provisions
7. Service Provider's Obligations: Key responsibilities and commitments of the service provider
8. Client's Obligations: Key responsibilities and commitments of the client
9. Quality Standards: Required quality levels and performance metrics for the services
10. Intellectual Property Rights: Ownership and usage rights of any IP created or used during service provision
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification provisions in accordance with Austrian law
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. Termination: Grounds and procedures for contract termination
16. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
17. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Service Levels: Detailed service level agreements (SLAs) when specific performance metrics need to be measured and maintained
2. Warranty: Specific warranties beyond statutory requirements, used when service quality guarantees are crucial
3. Insurance: Insurance requirements when services involve significant risks or regulatory requirements
4. Compliance with Laws: Specific regulatory compliance obligations when operating in regulated industries
5. Staff and Subcontractors: Rules for personnel and subcontracting when service provider needs to use third parties or specific staff
6. Change Control: Procedures for making changes to services when flexibility in scope is needed
7. Audit Rights: Client's rights to audit service provider when oversight is crucial
8. Business Continuity: Disaster recovery and business continuity requirements for critical services
9. Non-Competition: Restrictions on competitive activities when protecting market position is important
10. Transfer of Rights: Rules for assignment and transfer when parties need flexibility to restructure
1. Schedule 1 - Service Specification: Detailed technical specifications of the services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Detailed performance metrics, measurement methods, and remedies
4. Schedule 4 - Key Personnel: List of key staff members and their roles when specific expertise is required
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms when personal data is processed
6. Schedule 6 - Contact Details: List of key contacts and escalation procedures
7. Appendix A - Technical Requirements: Technical standards and requirements for service delivery
8. Appendix B - Form of Reports: Templates for required service reports and documentation
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