The Master Service Agreement serves as the primary contractual framework for businesses operating in Austria who wish to establish a long-term service relationship. It is particularly suited for situations where services will be provided on an ongoing basis or through multiple projects over time. The agreement incorporates mandatory provisions under Austrian law while providing flexibility through schedules and statements of work. It addresses key commercial terms, regulatory requirements (including GDPR compliance), risk allocation, and operational procedures. This type of agreement is commonly used in business-to-business relationships where detailed service specifications, performance standards, and commercial terms need to be documented comprehensively.
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1. Parties: Identification and details of the contracting parties, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Services: General description of services to be provided under the agreement
5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
6. Service Provider's Obligations: Key obligations and responsibilities of the service provider
7. Customer's Obligations: Key obligations and responsibilities of the customer
8. Fees and Payment Terms: Pricing, payment terms, invoicing requirements, and late payment consequences
9. Service Levels: Performance standards and service level requirements
10. Data Protection and Privacy: GDPR compliance and data protection obligations
11. Intellectual Property Rights: Ownership and usage rights of IP created or used during service provision
12. Confidentiality: Protection and handling of confidential information
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Rights and obligations in case of force majeure events
15. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Insurance: Insurance requirements - include when services involve significant risk or physical presence
2. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries
3. Anti-Corruption: Anti-corruption and business ethics provisions - include for international services or public sector contracts
4. Personnel: Requirements for service provider's personnel - include when services are delivered by specific individuals
5. Audit Rights: Customer's audit rights - include for regulated industries or critical services
6. Business Continuity: Business continuity and disaster recovery - include for critical services
7. Change Control: Process for changes to services - include for complex or long-term services
8. Exit Assistance: Transition assistance upon termination - include for complex or critical services
1. Schedule 1 - Service Description: Detailed description of services to be provided
2. Schedule 2 - Service Levels: Detailed service level requirements and measurement criteria
3. Schedule 3 - Charges: Detailed pricing, rate cards, and payment terms
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Schedule 6 - Technical Requirements: Technical specifications and requirements
7. Appendix A - Form of Change Order: Template for documenting changes to services
8. Appendix B - Security Requirements: Information security requirements and standards
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