Marketing Agency Contract Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes a professional relationship between a marketing agency and its client. The contract defines the scope of marketing services, deliverables, payment terms, and compliance requirements under Austrian commercial and civil law. It includes provisions for data protection under GDPR and Austrian DSG, intellectual property rights under Austrian Copyright Act, and advertising standards under the Federal Act against Unfair Competition. The document ensures clear accountability, service standards, and protection of both parties' interests while maintaining compliance with Austrian and EU regulations.

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What is a Marketing Agency Contract?

The Marketing Agency Contract is essential for businesses engaging external marketing services in Austria. It serves as a comprehensive framework for the professional relationship between marketing agencies and their clients, ensuring clarity in service delivery and legal compliance. This contract type is particularly important given Austria's strict regulatory environment, including GDPR compliance, advertising standards, and consumer protection laws. The document typically covers service scope, deliverables, intellectual property rights, data protection, payment terms, and performance metrics. It's designed to protect both parties' interests while ensuring compliance with Austrian commercial law, media regulations, and EU directives. The contract is commonly used when businesses need ongoing marketing services, campaign management, or specific marketing projects, and requires careful consideration of Austrian-specific legal requirements and business practices.

What sections should be included in a Marketing Agency Contract?

1. Parties: Identification of the Marketing Agency and the Client, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including specific marketing terminology

4. Scope of Services: Detailed description of marketing services to be provided, including core deliverables and responsibilities

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

7. Client Obligations: Client's responsibilities, including provision of materials and approvals

8. Agency Obligations: Agency's commitments, performance standards, and delivery timelines

9. Intellectual Property Rights: Ownership and usage rights of creative works, existing IP, and newly created materials

10. Data Protection and GDPR Compliance: Obligations regarding personal data processing and compliance with Austrian DSG and GDPR

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Indemnities: Guarantees provided by both parties and liability provisions

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

What sections are optional to include in a Marketing Agency Contract?

1. Performance Metrics and KPIs: Specific measurable targets and evaluation criteria, used when performance-based billing is implemented

2. Social Media Management: Specific provisions for social media account management and content creation, included when social media services are part of the scope

3. Crisis Management: Procedures for handling PR crises or reputation management issues, relevant for full-service PR contracts

4. Third-Party Vendors: Terms governing relationship with external suppliers or platforms, needed when third-party services are utilized

5. International Marketing: Additional provisions for cross-border marketing activities, included when campaigns extend beyond Austria

6. Content Approval Process: Detailed workflow for content review and approval, important for clients requiring strict oversight

7. Budget Management: Procedures for handling marketing budgets and media buying, included for full-service agreements

What schedules should be included in a Marketing Agency Contract?

1. Schedule 1: Service Specifications: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule 2: Fee Structure: Detailed pricing, rate cards, and payment terms

3. Schedule 3: Key Personnel: List of key team members and their roles

4. Schedule 4: Brand Guidelines: Client's branding requirements and style guide

5. Schedule 5: Approval Matrix: Decision-making hierarchy and approval processes

6. Appendix A: Data Processing Agreement: Detailed GDPR-compliant data processing terms

7. Appendix B: Service Level Agreement: Performance standards and response times

8. Appendix C: Campaign Brief Template: Standard format for campaign briefing and requirements

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use

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