Cleaning Subcontractor Contract Template for Austria

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Key Requirements PROMPT example:

Cleaning Subcontractor Contract

"I need a Cleaning Subcontractor Contract for our office building cleaning services in Vienna, Austria, focusing on environmentally friendly cleaning practices and strict data protection requirements as we handle sensitive financial information."

Document background
The Cleaning Subcontractor Contract is essential for cleaning service providers operating in Austria who need to engage subcontractors for service delivery. This document is used when a main contractor wishes to delegate cleaning services to a subcontractor while maintaining quality control and regulatory compliance. It incorporates specific requirements under Austrian law, including business licensing requirements under the Gewerbeordnung, worker protection measures, and industry-specific collective agreements. The contract addresses key aspects such as service standards, liability allocation, insurance requirements, and health and safety protocols, while ensuring compliance with Austrian employment and environmental regulations. It's particularly important for managing risk and maintaining service quality in subcontracted cleaning operations.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including business registration details and addresses

2. Background: Context of the agreement, relationship between parties, and reference to main contract if applicable

3. Definitions: Defined terms used throughout the agreement, including technical cleaning terminology and contract-specific terms

4. Scope of Services: Detailed description of cleaning services to be provided, including locations, frequency, and standards

5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

6. Payment Terms: Fees, payment schedule, invoicing requirements, and late payment consequences

7. Performance Standards: Quality standards, KPIs, and assessment criteria for cleaning services

8. Subcontractor Obligations: Key responsibilities including licensing, permits, staff management, and compliance requirements

9. Equipment and Materials: Responsibilities for providing and maintaining cleaning equipment and materials

10. Health and Safety: Compliance with Austrian health and safety regulations, risk assessments, and safety procedures

11. Insurance and Liability: Required insurance coverage and allocation of liability between parties

12. Confidentiality: Protection of confidential information and data protection requirements

13. Staff and Training: Requirements for staff qualifications, training, and compliance with labor laws

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

Optional Sections

1. Environmental Requirements: Additional environmental standards and sustainable cleaning practices, used when client has specific environmental policies

2. Security Requirements: Special security procedures and clearances, included for sensitive locations like banks or government buildings

3. Emergency Services: Provisions for emergency or out-of-hours cleaning services, included when 24/7 availability is required

4. Client Property: Special provisions for handling client equipment or property, important for cleaning in specialized facilities

5. Subcontractor's Staff Vetting: Enhanced background check requirements, used for high-security environments

6. Performance Bonds: Requirements for performance bonds or guarantees, used for high-value contracts

7. Specialized Cleaning Procedures: Specific procedures for specialized environments like cleanrooms or medical facilities

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed cleaning specifications, including frequency, methods, and standards for each type of service

2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices for different services, including regular and additional services

3. Schedule 3 - Locations and Access Times: List of service locations, access arrangements, and cleaning schedule times

4. Schedule 4 - Equipment and Materials List: Detailed list of approved cleaning equipment and materials to be used

5. Schedule 5 - Key Performance Indicators: Specific metrics and measurement methods for performance evaluation

6. Schedule 6 - Staff Qualifications and Training: Required qualifications, certifications, and training programs for cleaning staff

7. Schedule 7 - Health and Safety Procedures: Detailed safety procedures, risk assessments, and emergency protocols

8. Schedule 8 - Required Forms and Reports: Templates for cleaning checklists, incident reports, and performance reports

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

Commercial Real Estate

Healthcare

Education

Industrial & Manufacturing

Retail

Hospitality

Financial Services

Government & Public Sector

Technology & Data Centers

Transportation & Logistics

Food Processing

Pharmaceutical

Relevant Teams

Legal

Procurement

Operations

Facilities Management

Risk & Compliance

Health & Safety

Quality Assurance

Commercial

Client Services

Environmental Compliance

Project Management

Relevant Roles

Facilities Manager

Procurement Manager

Operations Director

Contract Manager

Legal Counsel

Risk Manager

Health & Safety Officer

Environmental Compliance Officer

Project Manager

Client Services Manager

Quality Assurance Manager

Site Supervisor

Commercial Director

Business Development Manager

Industries
ABGB (Austrian Civil Code): Provides the fundamental legal framework for contracts, including formation, performance, and termination of contractual relationships
Gewerbeordnung (Austrian Trade Act): Regulates trade and business operations, including specific provisions for cleaning services and requirements for business licenses
ArbeitnehmerInnenschutzgesetz (Worker Protection Act): Covers workplace safety and health protection measures, particularly relevant for cleaning services involving hazardous materials
ASVG (General Social Security Act): Regulates social security obligations and insurance requirements for subcontractors and their employees
Chemikaliengesetz (Chemicals Act): Governs the handling and use of cleaning chemicals and materials, including storage and disposal requirements
Abfallwirtschaftsgesetz (Waste Management Act): Regulates proper disposal of cleaning materials and waste management obligations
Unternehmensgesetzbuch (Commercial Code): Contains provisions regarding commercial relationships and business transactions between companies
Kollektivvertrag für Reinigungsgewerbe (Collective Agreement for Cleaning Industry): Sets industry-specific standards including minimum wages, working hours, and other employment conditions
Datenschutzgesetz (Data Protection Act): Regulates handling of personal data, relevant when cleaning contractor has access to client premises and information
Bundesvergabegesetz (Federal Procurement Act): Relevant if the cleaning services are part of public procurement or if working with public sector clients
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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