The Online Business Agreement serves as a fundamental legal framework for companies conducting business through digital platforms in Austria. This document is essential for businesses offering online services, digital products, or e-commerce solutions, ensuring compliance with Austrian legal requirements including the E-Commerce Act (ECG), Data Protection Act (DSG), and relevant EU regulations such as GDPR. It's particularly relevant in today's digital economy where businesses increasingly operate through online channels. The agreement covers crucial aspects such as service delivery, data protection, payment processing, and liability allocation, while incorporating specific provisions required under Austrian commercial law. This document is typically used when establishing new online business relationships or formalizing existing digital service arrangements.
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1. Parties: Identification of the contracting parties including registered business details as required by Austrian law
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Services: Detailed description of the online services or products being provided
5. Payment Terms: Pricing, payment methods, billing cycles, and related financial terms
6. Term and Termination: Duration of the agreement and termination provisions
7. Data Protection and Privacy: GDPR compliance measures and data processing terms
8. Service Level Agreement: Performance standards, availability, and quality metrics
9. Intellectual Property Rights: IP ownership, licenses, and usage rights
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Force Majeure: Provisions for unforeseen circumstances and force majeure events
13. Governing Law and Jurisdiction: Austrian law governance and jurisdiction specifications
14. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Consumer Protection Terms: Additional terms required when dealing with consumers (B2C) under Austrian Consumer Protection Act
2. Technical Requirements: Specific technical requirements for accessing and using the online service
3. Marketing and Promotion: Terms regarding marketing activities and promotional responsibilities
4. Territory Restrictions: Geographic limitations or restrictions on service provision
5. Audit Rights: Rights to audit compliance with agreement terms
6. Insurance Requirements: Specific insurance obligations for either party
7. Change Management: Process for implementing changes to services or terms
8. Disaster Recovery: Business continuity and disaster recovery obligations
1. Schedule 1 - Service Specifications: Detailed technical specifications of the online services
2. Schedule 2 - Service Level Metrics: Detailed performance metrics, response times, and availability standards
3. Schedule 3 - Fee Schedule: Detailed pricing structure and payment terms
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Schedule 5 - Security Requirements: Technical and organizational security measures
6. Schedule 6 - Support Services: Details of technical support and maintenance services
7. Appendix A - Authorized Users: List of authorized users and access levels if applicable
8. Appendix B - Acceptable Use Policy: Rules and regulations for service usage
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