The Contractor and Client Agreement serves as a fundamental legal instrument for establishing professional service relationships in Austria. This document is essential when engaging independent contractors, consultants, or freelance professionals for specific projects or ongoing services. It carefully addresses the requirements of Austrian law, including the ABGB (Austrian Civil Code) and relevant commercial regulations, while clearly defining the scope of services, payment terms, and obligations of both parties. The agreement is structured to prevent potential misclassification of contractors as employees, includes necessary data protection provisions under GDPR, and incorporates specific Austrian tax and social security considerations. It's particularly vital for businesses seeking to formalize relationships with external service providers while maintaining compliance with local regulations.
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1. Parties: Identification and details of the contractor and client, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the contractor
5. Term and Termination: Duration of the agreement and conditions for termination
6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements
7. Contractor Status: Clear statement of independent contractor status and relationship between parties
8. Obligations of the Contractor: Contractor's duties, performance standards, and delivery requirements
9. Obligations of the Client: Client's responsibilities, including provision of necessary information and resources
10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnification: Scope of liability, limitations, and indemnification obligations
13. Insurance: Required insurance coverage and minimum limits
14. Data Protection: Compliance with Austrian and EU data protection laws
15. Governing Law and Jurisdiction: Application of Austrian law and jurisdiction for disputes
16. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Non-Competition: Restrictions on competitive activities, used when contractor may have access to sensitive business information
2. Assignment and Subcontracting: Rules for transferring rights or obligations, included when relevant to the service nature
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term or critical services
4. Quality Assurance: Specific quality standards and testing requirements, used in technical or specialized services
5. Equipment and Materials: Provisions regarding tools and materials, relevant when physical resources are involved
6. Training and Documentation: Requirements for training or documentation delivery, used in technical or consulting services
7. Warranties: Specific warranties beyond standard obligations, used for specialized services or products
8. Exit Assistance: Transition provisions at contract end, important for complex or integrated services
1. Schedule A - Service Description: Detailed specification of services, deliverables, and performance metrics
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Service Levels: Performance standards and metrics for service delivery
4. Schedule D - Client Materials: List of materials, information, or resources to be provided by the client
5. Appendix 1 - Contact Details: Key contact persons and their details for both parties
6. Appendix 2 - Required Insurance: Detailed insurance requirements and coverage limits
7. Appendix 3 - Data Processing Agreement: Specific terms for handling personal data under GDPR requirements
8. Appendix 4 - Project Timeline: Detailed project milestones and delivery schedules if applicable
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