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The Marketing Consultant Agreement is essential for businesses operating in Austria who engage external marketing expertise. This document is designed to comply with Austrian civil and commercial law, EU regulations (particularly GDPR), and local business practices. It's typically used when a company needs specialized marketing services but prefers not to hire full-time employees. The agreement covers critical aspects such as service scope, deliverables, payment terms, intellectual property rights, data protection, and confidentiality. It's particularly important in the Austrian context due to specific local requirements regarding business services, data protection, and commercial relationships. The document protects both parties by clearly defining responsibilities, expectations, and compliance requirements.

1. Parties: Identification of the Client and Marketing Consultant, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' intention to enter into a marketing consultancy relationship

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Marketing Materials', etc.

4. Scope of Services: Detailed description of marketing consultancy services to be provided

5. Consultant's Obligations: Key responsibilities and commitments of the marketing consultant

6. Client's Obligations: Client's responsibilities, including providing necessary information and materials

7. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

8. Term and Termination: Duration of the agreement and conditions for termination

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and deliverables

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection

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

13. General Provisions: Standard clauses including notices, amendments, governing law, etc.