Business Consulting Contract Template for Austria

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Key Requirements PROMPT example:

Business Consulting Contract

"I need a Business Consulting Contract for my IT consulting firm to provide digital transformation services to an Austrian manufacturing company, including strict data protection clauses and clear milestone deliverables starting from March 2025."

Document background
The Business Consulting Contract serves as a legally binding agreement between professional consultants and their clients in Austria, structured in compliance with Austrian civil and commercial law. This document is essential when engaging external consulting services for business advisory, strategic planning, or specialized professional assistance. It comprehensively covers service scope, payment terms, confidentiality obligations, and intellectual property rights, while ensuring compliance with Austrian regulatory requirements and GDPR. The contract is designed to protect both parties' interests while facilitating clear communication of expectations and deliverables. It's particularly relevant in professional service relationships where expertise, confidential information, and specific business outcomes are central to the engagement.
Suggested Sections

1. Parties: Identification and details of the Consultant and the Client, including full legal names, registration numbers, and addresses

2. Background: Context of the consulting arrangement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the consulting services to be provided, including specific deliverables and objectives

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

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

7. Obligations of the Consultant: Key responsibilities, professional standards, and service levels to be maintained by the consultant

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

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Intellectual Property Rights: Ownership and usage rights of materials and deliverables created during the consultation

11. Data Protection: GDPR compliance and data handling procedures

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. Force Majeure: Provisions for unforeseen circumstances preventing performance

14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

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

Optional Sections

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

2. Insurance: Requirements for professional liability insurance, used for high-risk or regulated consulting services

3. Personnel: Provisions regarding specific consultant personnel or team members, used when particular expertise is crucial

4. Performance Metrics: Specific KPIs or performance standards, used when measurable outcomes are required

5. Compliance with Laws: Specific regulatory compliance requirements, used in regulated industries

6. Assignment and Subcontracting: Rights to assign or subcontract services, used when flexibility in service delivery is needed

7. Warranties: Specific warranties regarding consultant expertise or results, used for specialized consulting services

8. Dispute Resolution: Alternative dispute resolution procedures, used when parties prefer mediation before litigation

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of consulting services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed fee structure, including hourly rates, fixed fees, and expense categories

3. Schedule 3 - Project Timeline: Milestone dates, delivery schedules, and project phases

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

5. Schedule 5 - Service Levels: Specific performance standards and metrics

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 - Client Policies: Relevant client policies and procedures to be followed by consultant

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 Industries

Management Consulting

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Energy

Telecommunications

Professional Services

Education

Real Estate

Environmental Services

Digital Transformation

Strategy Consulting

Operations Consulting

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Compliance

Risk Management

Business Development

Project Management

Strategy

Executive Leadership

Contract Administration

Vendor Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Business Development Manager

Project Manager

Management Consultant

Strategy Consultant

Operations Director

HR Director

Compliance Officer

Contract Manager

Finance Director

Managing Partner

Department Head

Business Analyst

Risk Manager

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Fundamental law governing contracts, including formation, performance, and termination of contracts, as well as general obligations and rights of contracting parties
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Regulates commercial transactions and business relationships between entrepreneurs, including specific provisions for service contracts in a business context
Austrian Data Protection Act (DSG - Datenschutzgesetz): Governs the handling of personal and business data, particularly relevant for consulting contracts where sensitive information is shared
EU General Data Protection Regulation (GDPR): European-wide regulation for data protection and privacy, which must be considered for data handling aspects of consulting services
Austrian Trade Regulation Act (GewO - Gewerbeordnung): Regulates business operations and professional services, including requirements for business consulting activities
Austrian Copyright Act (UrhG - Urheberrechtsgesetz): Protects intellectual property rights, particularly relevant for consulting deliverables and work products
Austrian Federal Fiscal Code (BAO - Bundesabgabenordnung): Contains tax-related provisions that may affect the structuring of consulting fees and payment terms
Austrian Consumer Protection Act (KSchG - Konsumentenschutzgesetz): While primarily for B2C relationships, may be relevant if the consulting client qualifies as a consumer under certain circumstances
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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