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Sales Consultant Contract Template for Austria

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Key Requirements PROMPT example:

Sales Consultant Contract

"I need a Sales Consultant Contract for engaging an experienced software sales consultant to cover the Austrian and German markets, with specific provisions for commission on SaaS products and cloud services, including strict data protection clauses and performance targets."

Document background
This Sales Consultant Contract is designed for use in the Austrian market when engaging independent sales professionals to represent a company's products or services. It provides a legally compliant framework under Austrian law for establishing and managing the relationship between a company and its sales consultants. The document addresses crucial aspects such as commission structures, territorial rights, performance metrics, and compliance with both Austrian and EU regulations. It's particularly valuable for companies expanding their sales force through independent contractors rather than employees, ensuring clear differentiation between employment and independent consultation. The contract includes specific provisions required by Austrian commercial law, including the Commercial Agency Act, while maintaining flexibility for adaptation to various industries and business models.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the sales consultant

2. Background: Context of the agreement and confirmation of independent contractor status

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Appointment of consultant and detailed description of services to be provided

5. Territory and Products: Defined geographical area and products/services the consultant is authorized to sell

6. Consultant's Obligations: Key responsibilities, reporting requirements, and performance standards

7. Company's Obligations: Support, materials, and information to be provided by the company

8. Commission Structure: Calculation method, payment terms, and conditions for commission earnings

9. Intellectual Property: Ownership and usage rights of company IP and materials

10. Confidentiality: Protection of business secrets and confidential information

11. Data Protection: GDPR compliance and data handling requirements

12. Term and Termination: Duration of agreement and termination provisions

13. Post-Termination: Obligations and restrictions after contract end

14. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Performance Targets: Specific sales targets and performance metrics - include when compensation is tied to specific goals

2. Non-Compete: Restrictions on competing activities - include when protecting market position is crucial

3. Training Requirements: Mandatory training and certification requirements - include for complex products or regulated industries

4. Expenses: Terms for reimbursement of business expenses - include when consultant may incur significant expenses

5. Insurance: Required insurance coverage - include when consultant activities carry significant risks

6. Sub-contractors: Rights and restrictions regarding use of sub-contractors - include when sub-contracting might be relevant

7. Marketing Guidelines: Rules for marketing and representation of company - include when consultant has significant customer-facing role

Suggested Schedules

1. Commission Schedule: Detailed commission rates, calculation methods, and examples

2. Product List: List of products/services the consultant is authorized to sell

3. Territory Map: Detailed definition of geographical territory with maps if applicable

4. Reporting Templates: Standard forms for activity and sales reporting

5. Company Policies: Relevant company policies the consultant must comply with

6. Data Processing Agreement: Detailed GDPR-compliant data processing terms

7. Code of Conduct: Company's code of conduct and ethical guidelines

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

Retail

Information Technology

Manufacturing

Professional Services

Consumer Goods

Industrial Equipment

Healthcare

Financial Services

Telecommunications

Real Estate

Automotive

Energy

Construction

Electronics

Relevant Teams

Legal

Sales

Human Resources

Compliance

Finance

Operations

Commercial

Business Development

Contract Administration

Risk Management

Relevant Roles

Sales Director

Commercial Director

Business Development Manager

Sales Operations Manager

Legal Counsel

HR Director

Compliance Officer

Contract Manager

Sales Consultant

Account Executive

Territory Manager

Regional Sales Manager

Chief Commercial Officer

Sales Administration 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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