Business Consulting Agreement Template for Austria

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Key Requirements PROMPT example:

Business Consulting Agreement

"I need a Business Consulting Agreement under Austrian law for my IT consulting firm to provide digital transformation services to a manufacturing company, including data protection provisions and specific clauses about intellectual property rights for custom software solutions."

Document background
The Business Consulting Agreement serves as a crucial legal instrument for formalizing consulting relationships under Austrian law. This document is essential when engaging external business consultants or consulting firms to provide professional advisory services, strategic guidance, or specific expertise to a business. It comprehensively addresses key aspects such as service scope, deliverables, payment terms, and professional obligations while ensuring compliance with Austrian legal requirements, including the ABGB, UGB, and relevant data protection regulations. The agreement is particularly important for protecting both parties' interests, establishing clear expectations, and providing a framework for dispute resolution. It's designed to accommodate various consulting arrangements, from short-term project-based engagements to longer-term advisory relationships, while maintaining flexibility to address specific business needs and industry requirements.
Suggested Sections

1. Parties: Identification and details of the consultant and the client company, including registration numbers and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of consulting services to be provided

5. Term and Duration: Period of the agreement, including start date and duration

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Consultant's commitments, responsibilities, and service standards

8. Obligations of the Client: Client's commitments, including provision of information and cooperation

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

11. Data Protection: GDPR compliance and data handling procedures

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Termination: Conditions for termination, notice periods, and consequences

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

15. Execution: Signature blocks and execution details

Optional Sections

1. Non-Competition: Restrictions on competitive activities, used when consultant may have access to sensitive market information

2. Insurance: Insurance requirements for the consultant, relevant for high-risk or regulated industries

3. Service Levels: Specific performance metrics and standards, used for more complex consulting arrangements

4. Compliance with Laws: Specific regulatory compliance obligations, important for regulated industries

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, important for larger consulting firms

7. Warranty: Specific guarantees regarding service quality and outcomes, used when specific results are promised

8. Dispute Resolution: Alternative dispute resolution procedures, useful for international consulting relationships

9. Staff and Resources: Requirements for specific personnel or resources, relevant when key individuals are crucial to service delivery

Suggested Schedules

1. Schedule 1 - Services Description: Detailed specification of consulting services, methodologies, and deliverables

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

3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Key Personnel: Details of key consultant team members and their roles

5. Schedule 5 - Client Materials: List of materials and information to be provided by the client

6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and procedures

7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and procedures

8. Appendix C - Project Timeline: Detailed project phases, milestones, and deadlines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Financial Services

Information Technology

Manufacturing

Healthcare

Retail

Professional Services

Energy

Telecommunications

Real Estate

Construction

Education

Logistics

Automotive

Pharmaceuticals

Media and Entertainment

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Business Development

Risk Management

Compliance

Strategy

Project Management

Senior Management

Administrative

Contracting

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Business Development Director

Human Resources Director

Operations Manager

Project Manager

Strategy Director

Risk Manager

Compliance Officer

Department Head

Managing Director

General Counsel

Contract Manager

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Primary source for contract law principles, including formation of contracts, performance obligations, and remedies for breach
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Governs commercial relationships and business transactions between enterprises, including specific provisions for service contracts
Austrian Trade Regulation Act (GewO - Gewerbeordnung): Regulates business activities and professional services, including requirements for business consulting
Austrian Data Protection Act (DSG - Datenschutzgesetz): Governs the handling of personal and business data, particularly relevant for consulting services involving sensitive information
EU General Data Protection Regulation (GDPR): European-wide regulation for data protection and privacy, applicable to consulting services involving personal data processing
Austrian Income Tax Act (EStG - Einkommensteuergesetz): Relevant for tax implications of consulting services and proper classification of business relationship
Austrian Social Security Law (ASVG - Allgemeines Sozialversicherungsgesetz): Important for determining whether the consulting relationship qualifies as self-employed or could be considered an employment relationship
Austrian Consumer Protection Act (KSchG - Konsumentenschutzgesetz): May be relevant if one party qualifies as a consumer under Austrian law, though less common in B2B consulting
Austrian Competition Law (KartG - Kartellgesetz): Relevant for non-compete clauses and restrictions on business activities
Austrian E-Commerce Act (ECG - E-Commerce-Gesetz): Applicable if consulting services are offered or delivered through electronic means
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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