Professional Services Contract Template for Austria

This Professional Services Contract template is designed for use under Austrian jurisdiction when engaging external professional service providers or consultants. It serves as a comprehensive framework for business-to-business professional service relationships, incorporating requirements from the Austrian Civil Code (ABGB), Commercial Code (UGB), and relevant data protection legislation. The contract is particularly suitable for scenarios where specialized professional expertise is required on a project or ongoing basis, covering essential elements such as service scope, deliverables, payment terms, and professional liability. It includes specific provisions for intellectual property rights, confidentiality, and data protection, making it adaptable for various professional service contexts while maintaining compliance with Austrian legal requirements.

1. Parties: Identification and details of the service provider and client, including registration numbers and addresses

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

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

4. Scope of Services: Detailed description of the professional services to be provided

5. Term and Commencement: Duration of the agreement and start date

6. Fees and Payment Terms: Service fees, payment schedule, invoicing requirements, and late payment consequences

7. Service Provider's Obligations: Key responsibilities and commitments of the service provider

8. Client's Obligations: Key responsibilities and commitments of the client

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and created IP

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: GDPR compliance and data handling requirements

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

13. Termination: Grounds for termination and termination procedures

14. Force Majeure: Handling of events beyond reasonable control

15. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments