The Freelance Agreement Contract serves as a crucial legal framework for establishing independent contractor relationships under Austrian law. This document is essential when engaging freelancers (both "Neue Selbständige" and "Freie Dienstnehmer") for professional services across various industries. It carefully delineates the independent nature of the relationship to avoid misclassification under Austrian employment law, while addressing key aspects such as service scope, compensation, intellectual property rights, and data protection obligations. The agreement incorporates necessary provisions to comply with Austrian civil law (ABGB), social insurance legislation, trade regulations, and tax requirements, making it suitable for both domestic and international client-freelancer relationships where Austrian law governs.
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1. Parties: Identification of the contracting parties - the client and the freelancer, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and confirmation of freelancer's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided by the freelancer
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. Independent Contractor Status: Clear statement of freelancer's self-employed status and implications
8. Intellectual Property Rights: Ownership and transfer of work products and pre-existing IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data processing obligations
11. Liability and Insurance: Extent of liability and required insurance coverage
12. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on working with competitors (use only when necessary and ensure compliance with Austrian competition law)
2. Equipment and Resources: Provisions regarding tools and resources provided by either party (include when client provides specific equipment)
3. Performance Metrics: Specific KPIs or quality standards (include for longer-term or complex projects)
4. Substitute and Subcontracting: Rights and conditions for using substitutes or subcontractors (include when relevant to the service type)
5. Training and Documentation: Requirements for documentation or training (include for technical or specialized services)
6. Client Obligations: Specific responsibilities of the client (include when significant client input or cooperation is required)
7. Force Majeure: Provisions for unforeseen circumstances (recommended for long-term contracts)
1. Schedule 1 - Service Specification: Detailed technical specifications of the services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Project Timeline: Milestones and delivery dates for specific deliverables
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms if personal data is processed
5. Schedule 5 - Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts
6. Appendix A - Contact Details: Key contact persons and communication protocols
7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
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