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Freelance Project Contract

Freelance Project Contract Template for Austria

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Key Requirements PROMPT example:

Freelance Project Contract

"I need a Freelance Project Contract for hiring a software developer to create a custom CRM system, with specific IP protection clauses and milestone-based payments over 6 months starting March 2025."

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Document background
The Freelance Project Contract is essential for businesses operating in Austria who engage independent contractors for specific projects or assignments. This document is designed to comply with Austrian legal requirements, including the ABGB (Austrian Civil Code) and relevant commercial regulations. It's particularly important for establishing clear boundaries between employment and independent contractor relationships, defining project scope and deliverables, protecting intellectual property rights, and ensuring compliance with tax and social security obligations. The contract should be used whenever a company engages a freelancer for a defined project, whether short-term or long-term, and includes crucial elements such as payment terms, project milestones, acceptance criteria, and dispute resolution mechanisms under Austrian jurisdiction.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details (if applicable)

2. Background: Context of the agreement and brief description of the parties' intention to enter into a freelance project arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the project work, deliverables, and expected outcomes

5. Project Timeline: Key dates, milestones, and delivery schedule

6. Compensation and Payment Terms: Fee structure, payment schedule, invoicing requirements, and payment methods

7. Intellectual Property Rights: Ownership and transfer of intellectual property created during the project

8. Confidentiality: Obligations regarding confidential information and trade secrets

9. Independent Contractor Status: Clear statement of freelancer's status as an independent contractor, not an employee

10. Warranties and Representations: Guarantees provided by both parties regarding their capabilities and rights

11. Termination: Conditions and procedures for ending the contract

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

14. Execution: Signature blocks and date of agreement

Optional Sections

1. Change Management: Procedures for handling changes to project scope or requirements - include when project is complex or likely to evolve

2. Non-Compete: Restrictions on working with competitors - include when sensitive industry knowledge is involved

3. Insurance Requirements: Specific insurance coverage requirements - include for high-risk or high-value projects

4. Data Protection: GDPR compliance and data handling procedures - include when personal data processing is involved

5. Equipment and Resources: Provisions regarding use of equipment or resources - include when specific tools or facilities are provided

6. Subcontracting: Terms for engaging subcontractors - include when subcontracting might be needed

7. Force Majeure: Provisions for unforeseen circumstances - include for long-term or complex projects

8. Training and Knowledge Transfer: Requirements for knowledge sharing - include when project handover is critical

Suggested Schedules

1. Schedule A - Project Specifications: Detailed technical specifications and requirements for the project deliverables

2. Schedule B - Milestone Schedule: Detailed timeline with specific milestones and associated payment schedules

3. Schedule C - Rate Card: Breakdown of rates for different types of services or additional work

4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors if applicable

5. Schedule E - Testing and Acceptance Criteria: Specific criteria for accepting deliverables

6. Appendix 1 - Contact Details: Key contact information for project managers and escalation points

7. Appendix 2 - Required Documentation: List of documents to be delivered with the project deliverables

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Information Technology

Digital Marketing

Creative Services

Management Consulting

Engineering

Content Creation

Software Development

Design Services

Architecture

Technical Writing

Business Analytics

Research and Development

Professional Training

Media Production

Relevant Teams

Legal

Human Resources

Procurement

Operations

Project Management Office

Finance

Compliance

Research & Development

Information Technology

Creative Services

Relevant Roles

Project Manager

HR Director

Legal Counsel

Procurement Manager

Department Head

Operations Director

Creative Director

Technical Lead

Finance Manager

Business Unit Manager

Contracts Administrator

Resource Manager

Chief Technology Officer

Chief Operating Officer

Industries
ABGB (Allgemeines Bürgerliches Gesetzbuch): Austrian Civil Code - Forms the basis for contract law, including provisions on service contracts (Werkvertrag) and general contractual obligations
GewO (Gewerbeordnung): Austrian Trade Regulation Act - Relevant for determining if the freelancer needs a business license and what type of commercial activities are permitted
GSVG (Gewerbliches Sozialversicherungsgesetz): Commercial Social Insurance Law - Governs social security obligations for self-employed persons including freelancers
EStG (Einkommensteuergesetz): Income Tax Act - Relevant for tax obligations and classifications of income from freelance work
UStG (Umsatzsteuergesetz): Value Added Tax Act - Determines VAT obligations for freelancers and related threshold requirements
DSGVO/GDPR: General Data Protection Regulation - Relevant for handling personal data in the business relationship
KSchG (Konsumentenschutzgesetz): Consumer Protection Act - May be applicable if the freelancer is considered a consumer in certain aspects of the contractual relationship
UWG (Bundesgesetz gegen den unlauteren Wettbewerb): Unfair Competition Act - Relevant for non-compete clauses and protection of business secrets
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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