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Subcontractor Agreement Template for Austria

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Key Requirements PROMPT example:

Subcontractor Agreement

"I need a Subcontractor Agreement under Austrian law for an IT development project where we'll be engaging a software development company to work on our banking application, with strict data protection requirements and the ability to include multiple project phases starting from March 2025."

Document background
The Subcontractor Agreement is a crucial document for businesses operating in Austria who engage external service providers or specialists for specific projects or ongoing services. This agreement is essential when a company (main contractor) needs to formally engage another business entity (subcontractor) to perform specific work or services, while ensuring compliance with Austrian commercial law, labor regulations, and social security requirements. The document becomes particularly important in contexts where clear delineation of responsibilities, scope of work, and independent contractor status is necessary. It addresses key aspects such as service delivery, payment terms, liability allocation, and intellectual property rights, while incorporating specific Austrian legal requirements regarding business relationships, worker classification, and social security obligations. The agreement should be used whenever engaging external service providers to ensure proper risk management and clear contractual obligations under Austrian law.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the subcontracting arrangement

3. Definitions: Key terms used throughout the agreement, including specific Austrian legal terminology where relevant

4. Scope of Services: Detailed description of services to be provided by the subcontractor, including deliverables and performance standards

5. Term and Timing: Duration of the agreement, including start date, end date if applicable, and any milestone dates

6. Payment Terms: Compensation, payment schedule, invoicing requirements, and payment methods in compliance with Austrian payment terms regulations

7. Independent Contractor Status: Clear establishment of the subcontractor's independent status and relationship with the main contractor

8. Obligations of the Subcontractor: Key responsibilities, including quality standards, reporting requirements, and compliance with relevant regulations

9. Obligations of the Main Contractor: Main contractor's responsibilities, including provision of necessary information and materials

10. Intellectual Property Rights: Ownership and usage rights of any IP created during the service provision

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Allocation of risks and responsibilities between parties, including insurance requirements

13. Termination: Grounds for termination, notice periods, and consequences of termination

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law and Jurisdiction: Explicit reference to Austrian law and competent courts

16. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Compete: Restrictions on competitive activities, used when subcontractor has access to sensitive business information

2. Equipment and Materials: Include when specific equipment or materials are provided by either party

3. Personnel Requirements: Used when specific qualifications or certifications are required for service delivery

4. Quality Control: Detailed quality assurance processes, necessary for technical or specialized services

5. Compliance with Specific Regulations: Required for regulated industries or specific sector requirements

6. Data Protection: Detailed GDPR compliance terms when personal data processing is involved

7. Insurance Requirements: Specific insurance obligations beyond standard coverage

8. Warranties: Specific warranties for goods or services, particularly relevant for technical services

9. Change Control: Process for managing changes to scope or specifications, important for complex projects

10. Subcontractor's Own Contractors: Terms for further subcontracting, if permitted

Suggested Schedules

1. Schedule A - Scope of Services: Detailed specification of services, deliverables, and performance metrics

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule C - Service Levels: Performance standards and metrics for service delivery

4. Schedule D - Timeline and Milestones: Detailed project timeline and key delivery dates

5. Schedule E - Required Personnel: List of key personnel and their qualifications

6. Schedule F - Technical Requirements: Technical specifications and requirements for service delivery

7. Schedule G - Compliance Requirements: Specific regulatory or industry compliance requirements

8. Appendix 1 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

9. Appendix 2 - Data Processing Agreement: GDPR-compliant data processing terms if applicable

10. Appendix 3 - Health and Safety Requirements: Specific health and safety requirements for on-site work

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

Construction

Information Technology

Manufacturing

Professional Services

Engineering

Consulting

Healthcare

Telecommunications

Energy

Transport and Logistics

Research and Development

Automotive

Financial Services

Industrial Services

Media and Entertainment

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Human Resources

Compliance

Risk Management

Project Management

Supply Chain

Vendor Management

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Project Manager

Operations Director

Commercial Director

Business Development Manager

Chief Operating Officer

Risk Manager

Compliance Officer

Technical Director

Finance Director

HR Director

Supply Chain Manager

Vendor 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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