The Freelance Retainer Contract serves as a foundational document for establishing long-term professional service arrangements in Austria. It is specifically designed for situations where a client requires regular access to a freelancer's services on an ongoing basis, rather than for one-off projects. This contract type is particularly relevant in the Austrian business context, where it must comply with local independent contractor regulations while clearly distinguishing the arrangement from employment relationships. The document covers essential elements such as service scope, retainer fees, delivery terms, and professional obligations, while incorporating necessary provisions for GDPR compliance and Austrian commercial law requirements. It is commonly used when businesses need consistent access to professional services while maintaining flexibility in the working relationship.
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Key Requirements PROMPT example:
Freelance Retainer Contract
"I need a Freelance Retainer Contract under Austrian law for providing IT consulting services to a software company, with a monthly commitment of 80 hours and IP rights transfer, starting March 1, 2025."
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement and confirmation of the freelancer's independent contractor status
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Description of the retainer arrangement and services to be provided
5. Term and Commitment: Duration of the retainer agreement and minimum commitment levels
6. Fees and Payment Terms: Monthly retainer fee, payment schedule, and invoicing requirements
7. Service Delivery: Standards, timelines, and methodology for service delivery
8. Independent Contractor Status: Clear statement of self-employed status and relationship between parties
9. Intellectual Property Rights: Ownership and usage rights of work products
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data processing obligations
12. Liability and Insurance: Limitation of liability and required insurance coverage
13. Termination: Conditions and process for ending the agreement
14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Competition: Restrictions on working with competitors, used when freelancer has access to sensitive information
2. Service Level Agreement: Specific performance metrics and standards, used for technical or specialized services
3. Equipment and Resources: Provisions regarding tools and resources, used when specific equipment is required
4. Substitute Performance: Right to use subcontractors or substitutes, used when relevant to service delivery
5. Change Control: Process for changing scope or services, used in complex service arrangements
6. Force Majeure: Provisions for unforeseen circumstances, used in long-term or critical service arrangements
7. Client Obligations: Specific client responsibilities, used when significant client input or cooperation is required
8. Compliance with Specific Regulations: Industry-specific compliance requirements, used in regulated industries
1. Schedule 1 - Detailed Service Description: Comprehensive description of services, methodologies, and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, additional charges, and expense policies
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and quality standards
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
5. Schedule 5 - Key Personnel: Details of key individuals involved in service delivery
6. Appendix A - Contact Details: Contact information for key representatives and escalation paths
7. Appendix B - Reporting Templates: Standard formats for activity reports and documentation
Authors
Relevant legal definitions
Agreement
Services
Retainer Fee
Retainer Period
Service Hours
Additional Services
Client
Service Provider
Deliverables
Intellectual Property Rights
Confidential Information
Business Day
Commencement Date
Term
Service Location
Client Materials
Personal Data
Data Protection Laws
Force Majeure Event
Service Levels
Key Personnel
Milestones
Quality Standards
Project
Approved Expenses
Working Hours
Response Time
Client Representative
Service Provider Representative
Acceptance Criteria
Change Request
Documentation
Good Industry Practice
Invoice Period
Payment Terms
Professional Standards
Reports
Scope of Work
Specifications
Termination Date
Work Product
Services
Retainer Fee
Retainer Period
Service Hours
Additional Services
Client
Service Provider
Deliverables
Intellectual Property Rights
Confidential Information
Business Day
Commencement Date
Term
Service Location
Client Materials
Personal Data
Data Protection Laws
Force Majeure Event
Service Levels
Key Personnel
Milestones
Quality Standards
Project
Approved Expenses
Working Hours
Response Time
Client Representative
Service Provider Representative
Acceptance Criteria
Change Request
Documentation
Good Industry Practice
Invoice Period
Payment Terms
Professional Standards
Reports
Scope of Work
Specifications
Termination Date
Work Product
Clauses
Interpretation
Appointment
Term
Services
Service Levels
Retainer Commitment
Independent Contractor Status
Fees and Payment
Invoicing
Expenses
Service Provider Obligations
Client Obligations
Resources
Quality Standards
Reporting
Key Personnel
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Notices
Variation
Waiver
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Compliance with Laws
Anti-Corruption
Dispute Resolution
Appointment
Term
Services
Service Levels
Retainer Commitment
Independent Contractor Status
Fees and Payment
Invoicing
Expenses
Service Provider Obligations
Client Obligations
Resources
Quality Standards
Reporting
Key Personnel
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability
Insurance
Force Majeure
Termination
Consequences of Termination
Assignment and Subcontracting
Notices
Variation
Waiver
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Compliance with Laws
Anti-Corruption
Dispute Resolution
Relevant Industries
Information Technology
Management Consulting
Creative Services
Marketing and Advertising
Professional Services
Financial Services
Technical Services
Business Advisory
Digital Services
Content Creation
Engineering
Architecture
Legal Services
Healthcare Services
Education and Training
Relevant Teams
Legal
Procurement
Human Resources
Finance
Operations
Project Management Office
Information Technology
Marketing
Business Development
Compliance
Risk Management
Relevant Roles
Freelance Consultant
Independent Contractor
Professional Service Provider
Business Advisor
IT Consultant
Marketing Specialist
Creative Director
Technical Specialist
Project Manager
Digital Strategy Consultant
Content Strategist
Financial Advisor
Business Development Consultant
Training Specialist
Technical Writer
UX Designer
Software Developer
Legal Consultant
Healthcare Consultant
Engineering Consultant
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