The Salesperson Independent Contractor Agreement is designed for businesses operating in Austria who wish to engage external sales professionals on a non-employment basis. This document is crucial when companies seek to expand their sales force without increasing their permanent employee headcount, preferring instead to work with independent contractors who manage their own business activities. The agreement carefully navigates Austrian legal requirements, particularly those set forth in the Commercial Agents Act (HVertrG) and Austrian Commercial Code (UGB), to ensure proper classification of the contractor's status. It includes comprehensive provisions for commission structures, sales territories, performance metrics, and compliance obligations while maintaining the contractor's independence. This document is particularly relevant for businesses expanding their market reach through external sales channels while minimizing employment-related obligations and risks.
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1. Parties: Identification of the contracting parties - the company and the independent contractor
2. Background: Context of the agreement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement including 'Services', 'Territory', 'Products', 'Customers'
4. Appointment and Scope of Services: Defines the contractor's appointment, sales territory, and specific services to be provided
5. Independent Contractor Status: Explicit confirmation of independent contractor relationship and its implications
6. Compensation and Commission Structure: Details of payment terms, commission rates, calculation methods, and payment timing
7. Term and Termination: Duration of the agreement and conditions for termination by either party
8. Obligations of the Contractor: Contractor's duties, sales targets, reporting requirements, and professional conduct
9. Company's Obligations: Company's responsibilities including product information, support, and training
10. Intellectual Property Rights: Protection of company's IP and usage rights granted to contractor
11. Confidentiality: Non-disclosure obligations regarding business information
12. Data Protection: GDPR compliance and data handling requirements
13. Non-Competition and Non-Solicitation: Restrictions during and after the contract period
14. Insurance and Liability: Required insurance coverage and limitation of liability provisions
15. Miscellaneous: Standard legal provisions including notices, amendments, and governing law
16. Signatures: Execution blocks for both parties
1. Marketing and Branding: Guidelines for using company branding and marketing materials, included when contractor has significant marketing responsibilities
2. Equipment and Resources: Provisions regarding tools and resources provided by the company, included when company provides specific equipment
3. Training Requirements: Mandatory training programs and certifications, included for specialized products or regulated industries
4. Customer Service Standards: Service level requirements, included when contractor handles direct customer support
5. Subcontracting: Rules regarding use of subcontractors, included when subcontracting might be permitted
6. International Sales: Provisions for international business activities, included for cross-border sales
7. Force Majeure: Provisions for unforeseen circumstances, included for longer-term or high-value contracts
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, bonuses, and calculation methods
2. Schedule 2 - Territory Definition: Detailed description of assigned sales territory including maps or postal codes
3. Schedule 3 - Product List: Current list of products/services the contractor is authorized to sell
4. Schedule 4 - Sales Targets: Specific sales targets and performance metrics
5. Schedule 5 - Reporting Templates: Standard forms for sales reports and activity logging
6. Appendix A - Company Policies: Relevant company policies applicable to contractors
7. Appendix B - Data Protection Agreement: Detailed GDPR compliance requirements and procedures
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