The Project Commission Agreement is a crucial legal instrument used in Austrian business practice when a company (commissioner) wishes to engage another party (contractor) for a specific project with defined deliverables and timelines. This document type is particularly important in the Austrian business environment, where it must comply with the Austrian Civil Code (ABGB) and Commercial Code (UGB). It's commonly used for technical, consulting, or development projects where clear deliverables, milestones, and acceptance criteria need to be defined. The agreement typically includes comprehensive details about project scope, payment terms, intellectual property rights, warranties, and liability provisions, while incorporating Austrian-specific legal requirements such as statutory warranty periods and liability limitations. This document type is essential for protecting both parties' interests while ensuring clear project governance and risk allocation.
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1. Parties: Identification and details of the contracting parties (Commissioner and Contractor)
2. Background: Context of the agreement and brief description of the project purpose
3. Definitions: Key terms used throughout the agreement
4. Project Scope: Detailed description of the project, objectives, and deliverables
5. Contractor's Obligations: Key responsibilities and commitments of the contractor
6. Commissioner's Obligations: Key responsibilities and commitments of the commissioner, including provision of necessary information and resources
7. Timeline and Milestones: Project schedule, key dates, and delivery milestones
8. Acceptance Procedures: Process for reviewing and accepting deliverables
9. Payment Terms: Fees, payment schedule, invoicing, and payment conditions
10. Change Management: Process for handling changes to project scope or requirements
11. Warranties: Contractor's warranties regarding the quality and fitness for purpose of deliverables
12. Liability and Indemnification: Extent and limitations of liability, indemnification obligations
13. Term and Termination: Duration of the agreement and circumstances for termination
14. Confidentiality: Protection of confidential information
15. Force Majeure: Provisions for handling events beyond parties' control
16. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
17. General Provisions: Standard legal clauses including notices, assignment, and entire agreement
1. Intellectual Property Rights: Required when the project involves creation of intellectual property or use of existing IP
2. Data Protection: Necessary when personal data processing is involved, ensuring GDPR compliance
3. Source Code and Documentation: For software development projects, detailing ownership and handling of code and documentation
4. Quality Assurance: For projects with specific quality standards or testing requirements
5. Security Requirements: When project involves sensitive information or systems
6. Personnel: When specific key personnel are critical to the project
7. Insurance: When specific insurance coverage is required for the project
8. Non-Competition: When restrictions on competitive activities are necessary
9. Subcontracting: When subcontracting needs to be specifically addressed
10. Export Control: For projects involving international aspects or regulated technologies
1. Schedule 1 - Project Specification: Detailed technical specifications and requirements of the project
2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of costs, payment milestones, and rates
3. Schedule 3 - Project Timeline: Detailed project plan with milestones and deadlines
4. Schedule 4 - Acceptance Criteria: Specific criteria for accepting deliverables
5. Schedule 5 - Service Levels: Performance metrics and service level requirements if applicable
6. Schedule 6 - Key Personnel: List of key team members and their roles
7. Schedule 7 - Required Documentation: List of documentation to be delivered with the project
8. Appendix A - Commissioner's Materials: Materials and information to be provided by the commissioner
9. Appendix B - Change Request Template: Standard form for requesting and documenting changes
10. Appendix C - Testing Procedures: Detailed testing and quality assurance procedures
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