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Development Fee Agreement Template for Austria

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Key Requirements PROMPT example:

Development Fee Agreement

"I need a Development Fee Agreement for a software development project where my company (based in Vienna) will engage a German developer to create a custom CRM system, with milestone payments totaling 鈧500,000 and delivery scheduled for March 2025."

Document background
The Development Fee Agreement is a crucial document used when engaging professional development services in Austria, whether for software, construction, product development, or other specialized development work. This agreement sets out the commercial and legal framework for the development relationship, including detailed fee structures, payment milestones, and service specifications. It is designed to comply with Austrian legal requirements, particularly the ABGB (Austrian Civil Code) and UGB (Austrian Commercial Code), while providing clear guidelines for project execution, quality standards, and deliverables. The document is essential for protecting both parties' interests, establishing clear expectations, and ensuring proper compensation for development services.
Suggested Sections

1. Parties: Identification and details of the contracting parties - the developer and the client

2. Background: Context of the agreement and brief description of the development project

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Development Services: Detailed description of the development work to be performed

5. Development Fee Structure: Breakdown of fees, payment terms, and payment schedule

6. Timeline and Milestones: Project timeline, key milestones, and delivery dates

7. Obligations of the Developer: Developer's responsibilities, commitments, and performance standards

8. Obligations of the Client: Client's responsibilities, including provision of information and materials

9. Intellectual Property Rights: Ownership and licensing of developed materials and pre-existing IP

10. Acceptance Procedures: Process for testing, accepting, or rejecting deliverables

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement and circumstances for termination

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Force Majeure: Handling of events beyond parties' reasonable control

15. Governing Law and Jurisdiction: Application of Austrian law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Data Protection: Required when personal data processing is involved in the development work

2. Source Code Escrow: Used when source code needs to be held in escrow for security

3. Warranty Period: Specific warranty terms for the developed product or service

4. Service Level Agreement: Include when ongoing maintenance or support is part of the development service

5. Change Control Procedure: Required for projects where scope changes are likely

6. Third-Party Materials: Needed when third-party software or materials will be incorporated

7. Insurance Requirements: Specific insurance obligations for high-value or high-risk projects

8. Personnel Requirements: Used when specific personnel or qualifications are required

Suggested Schedules

1. Schedule 1 - Development Specifications: Detailed technical specifications and requirements for the development work

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and payment terms

3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and deliverables

4. Schedule 4 - Acceptance Criteria: Specific criteria for accepting deliverables

5. Schedule 5 - Service Levels: Performance metrics and service levels if applicable

6. Appendix A - Technical Requirements: Technical specifications and requirements

7. Appendix B - Contact Details: Key personnel and contact information for both parties

8. Appendix C - Change Request Form: Template for requesting and documenting changes to the scope

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 | Serial Founder & Legal AI Author

Relevant legal definitions












































Clauses

































Relevant Industries

Information Technology

Software Development

Construction

Real Estate Development

Product Development

Research and Development

Engineering Services

Architecture

Biotechnology

Industrial Design

Manufacturing

Telecommunications

Urban Planning

Energy Development

Infrastructure Development

Relevant Teams

Legal

Finance

Project Management

Business Development

Operations

Procurement

Technical Development

Research and Development

Commercial

Engineering

Product Development

Innovation

Contracts Administration

Risk Management

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Project Manager

Development Director

Legal Counsel

Contract Manager

Finance Director

Technical Director

Product Manager

Development Manager

Business Development Manager

Operations Manager

Procurement Manager

Commercial Director

Head of Engineering

Chief Financial Officer

Research Director

Innovation Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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