Creative Agency Contract Template for Austria

The Creative Agency Contract serves as the primary legal instrument for establishing and managing the relationship between creative service providers and their clients under Austrian law. This document is essential when engaging a creative agency for services such as advertising, branding, digital marketing, design, or content creation. It addresses crucial aspects including project scope definition, approval processes, intellectual property rights transfer, payment structures, and service level expectations. The agreement is specifically tailored to comply with Austrian legal requirements, incorporating relevant provisions from the ABGB (Austrian Civil Code), UrhG (Copyright Act), and EU regulations such as GDPR. It is particularly important for protecting both parties' interests, ensuring clear deliverable specifications, and establishing proper frameworks for project management and creative content ownership.

1. Parties: Identification and details of the creative agency and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a creative services relationship

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', 'Intellectual Property Rights', 'Project', etc.

4. Scope of Services: Detailed description of the creative services to be provided, including the agency's core obligations and responsibilities

5. Project Management and Approval Process: Process for project initiation, review cycles, approval of deliverables, and timeline management

6. Client Obligations: Client's responsibilities, including provision of materials, timely feedback, and access to necessary information

7. Fees and Payment Terms: Pricing structure, payment schedule, expenses policy, and late payment consequences

8. Intellectual Property Rights: Ownership and licensing of creative works, transfer of rights, and usage restrictions

9. Confidentiality: Protection of confidential information, trade secrets, and client data

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

11. Warranties and Indemnities: Agency's service quality guarantees and mutual indemnification provisions

12. Limitation of Liability: Caps on liability and exclusions of certain types of damages

13. Data Protection: GDPR compliance and data handling procedures

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