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The Term Service Agreement is a foundational document used in Austrian business relationships where one party (the service provider) commits to delivering specific services to another party (the customer) over a defined period. This agreement type is particularly crucial in the Austrian business landscape, where it must comply with the stringent requirements of the ABGB (Austrian Civil Code) and UGB (Commercial Code). The document typically includes detailed service specifications, performance metrics, payment structures, and risk allocation provisions. It's designed to provide a robust framework for ongoing service relationships while incorporating mandatory Austrian legal requirements regarding contract formation, performance, and termination. The Term Service Agreement is especially relevant for business-to-business relationships but can be adapted for consumer contracts with additional consumer protection provisions as required under Austrian law.

1. Parties: Identification of the service provider and customer, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a service arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the contract

4. Scope of Services: Detailed description of the services to be provided, including any service levels and performance standards

5. Term and Commencement: Duration of the agreement, including start date and any renewal provisions

6. Fees and Payment: Payment terms, fee structure, invoicing details, and payment methods in compliance with Austrian payment regulations

7. Service Provider Obligations: Key responsibilities and commitments of the service provider

8. Customer Obligations: Key responsibilities and commitments of the customer, including cooperation requirements

9. Data Protection and Confidentiality: Provisions for handling personal data under GDPR/DSG and protecting confidential information

10. Intellectual Property Rights: Ownership and usage rights of any IP involved in or created through the services

11. Liability and Indemnification: Limitation of liability and indemnification provisions in accordance with Austrian law

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

13. Force Majeure: Provisions for handling events beyond parties' reasonable control

14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

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