The Website Agreement Contract serves as the primary legal framework governing the relationship between website operators and users in Austria. This document is essential for any organization operating a website accessible to Austrian users, as it ensures compliance with critical legislation including the E-Commerce Act (ECG), General Data Protection Regulation (GDPR), and Austrian Consumer Protection Act (KSchG). The agreement should be implemented before website launch and updated regularly to reflect changes in legal requirements or service offerings. It covers crucial aspects such as user rights and obligations, data protection measures, cookie policies, intellectual property rights, and liability limitations. The document's scope encompasses both B2C and B2B relationships, with specific provisions adapting to the website's purpose and functionality while maintaining compliance with Austrian and EU legal frameworks.
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1. Parties: Identification of the website owner/operator and the user
2. Background: Context of the agreement and purpose of the website
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Description of website features, services, and functionalities provided
5. User Registration and Account: Terms for account creation, maintenance, and termination
6. User Obligations: Rules and responsibilities for website usage
7. Intellectual Property Rights: Protection of website content, trademarks, and user-generated content
8. Data Protection and Privacy: GDPR-compliant privacy terms and data handling practices
9. Cookie Policy: Information about cookie usage and user consent requirements
10. Disclaimer and Limitations of Liability: Limits of website operator's liability and warranties
11. Term and Termination: Duration of agreement and conditions for termination
12. Governing Law and Jurisdiction: Application of Austrian law and dispute resolution procedures
1. E-Commerce Terms: Required for websites offering online sales, including payment processing and delivery terms
2. Age Restrictions: Required for websites with age-restricted content or services
3. User Content License: Required for websites allowing user-generated content uploads
4. API Usage Terms: Required for websites offering API access
5. Subscription Terms: Required for websites offering subscription-based services
6. Third-Party Integration: Required when the website integrates third-party services or plugins
7. Community Guidelines: Required for websites with user interaction features
8. Affiliate Program Terms: Required for websites running affiliate marketing programs
1. Privacy Policy: Detailed GDPR-compliant privacy policy
2. Cookie Policy Details: Comprehensive list of cookies used and their purposes
3. Acceptable Use Policy: Detailed rules for website usage and prohibited activities
4. Technical Requirements: Minimum technical specifications for website access
5. Fee Schedule: Pricing details for paid services (if applicable)
6. Data Processing Agreement: Required under GDPR for processing personal data
7. Service Level Agreement: Performance metrics and service availability standards
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