This Managed Services Contract template is designed for use under Austrian jurisdiction when establishing a formal arrangement for the provision of ongoing managed services. It is particularly suitable for scenarios where a business requires consistent, professionally managed services, typically in areas such as IT infrastructure, facilities management, or business process outsourcing. The document incorporates essential provisions required under Austrian law, including compliance with the ABGB (Austrian Civil Code), UGB (Commercial Code), and GDPR requirements. The contract structure accommodates various service types while ensuring proper risk allocation, clear performance metrics, and comprehensive operational procedures. It is designed to be adaptable for different service scopes while maintaining compliance with Austrian legal requirements and business practices.
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1. Parties: Identification and details of the service provider and customer, including registration numbers and authorized representatives
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of technical terms, service-related concepts, and other important terminology used throughout the agreement
4. Services Scope: Detailed description of the managed services to be provided, including core obligations and service boundaries
5. Service Levels: Specific service level commitments, performance metrics, and measurement methodologies
6. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
7. Charges and Payment: Fee structure, payment terms, invoicing procedures, and price adjustment mechanisms
8. Provider Obligations: Specific responsibilities and commitments of the service provider
9. Customer Obligations: Customer responsibilities, including access provision and cooperation requirements
10. Data Protection and Security: GDPR compliance measures, data handling procedures, and security requirements
11. Intellectual Property Rights: Ownership and usage rights of IP, including pre-existing IP and newly created materials
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. Force Majeure: Circumstances excusing performance and related procedures
14. Confidentiality: Protection of confidential information and trade secrets
15. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Change Management: Procedures for requesting and implementing changes to services or contract terms. Include when services are likely to evolve significantly
2. Transition and Implementation: Procedures for initial service setup and transition. Include for complex service implementations
3. Business Continuity and Disaster Recovery: Specific provisions for ensuring service continuity. Include for critical services
4. Staff and Key Personnel: Requirements for service delivery personnel. Include when specific expertise or security clearance is needed
5. Exit Management: Detailed procedures for service termination and transition. Include for complex or critical services
6. Audit Rights: Customer's rights to audit service provision. Include for regulated industries or critical services
7. Subcontracting: Rules and procedures for engaging subcontractors. Include when subcontracting is likely
8. Environmental Requirements: Environmental compliance and sustainability requirements. Include for environmentally sensitive services
9. Insurance: Specific insurance requirements. Include for high-risk services
1. Schedule 1 - Service Description: Detailed technical and operational specifications of all services
2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements, metrics, and measurement methodologies
3. Schedule 3 - Charges: Detailed pricing, payment structure, and calculation methodologies
4. Schedule 4 - Customer Dependencies: Detailed list of customer-provided equipment, access, and resources
5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
7. Schedule 7 - Business Continuity Plan: Detailed disaster recovery and business continuity procedures
8. Schedule 8 - Transition Plan: Detailed implementation and transition procedures
9. Schedule 9 - Approved Subcontractors: List of pre-approved subcontractors and their roles
10. Schedule 10 - Exit Plan: Detailed procedures for contract termination and service transition
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