This Freelance Contract template is designed for use under Austrian law when engaging independent contractors for professional services. It serves as a comprehensive legal framework that clearly establishes the autonomous nature of the relationship while protecting both parties' interests. The document is particularly relevant in today's growing gig economy and remote work environment, incorporating essential provisions for GDPR compliance, intellectual property rights, and clear service deliverables. It includes specific Austrian legal requirements regarding self-employment status and helps mitigate risks of pseudo-employment claims. The contract is suitable for various professional services and can be customized based on specific industry requirements while maintaining compliance with Austrian commercial and civil law provisions.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details where applicable
2. Background: Context of the freelance engagement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided, including deliverables and quality standards
5. Term: Duration of the agreement, including start date and any renewal provisions
6. Remuneration: Fee structure, payment terms, invoicing requirements, and expense policies
7. Independent Contractor Status: Clear statement of freelance status and responsibility for own tax and social security contributions
8. Intellectual Property Rights: Ownership and transfer of work products, pre-existing IP, and usage rights
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data processing obligations
11. Liability and Insurance: Scope of liability, indemnification, and required insurance coverage
12. Termination: Termination rights, notice periods, and consequences of termination
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competing activities during and after the contract - only include if specifically required and ensure compliance with Austrian competition law
2. Equipment and Resources: Provisions regarding tools, equipment, or resources provided by either party - include if relevant to the specific engagement
3. Performance Metrics: Specific KPIs or performance standards - include for longer-term or complex engagements
4. Substitute and Subcontracting: Right to provide substitutes or use subcontractors - include if this flexibility is desired
5. Client Obligations: Specific obligations of the client to enable service delivery - include for complex projects
6. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID
7. Compliance with Specific Regulations: Industry-specific regulatory requirements - include if operating in regulated sectors
1. Schedule 1 - Service Description: Detailed specification of services, deliverables, and timelines
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and any rate cards
3. Schedule 3 - Data Processing Agreement: Required under GDPR if personal data processing is involved
4. Appendix A - Contact Details: Key contact persons and communication protocols
5. Appendix B - Required Insurance Coverage: Specific insurance types and coverage levels required
6. Appendix C - Approved Subcontractors: List of pre-approved subcontractors if applicable
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