Project Commission Agreement Template for Austria

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Key Requirements PROMPT example:

Project Commission Agreement

"I need a Project Commission Agreement under Austrian law for a software development project starting March 2025, including strong IP protection clauses and source code ownership provisions, with specific milestone-based payments and acceptance testing procedures."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Management Consulting

Engineering

Construction

Professional Services

Software Development

Manufacturing

Research and Development

Digital Services

Creative Industries

Telecommunications

Business Services

Education and Training

Relevant Teams

Legal

Procurement

Project Management Office

Commercial

Operations

Finance

Risk and Compliance

Technical Operations

Business Development

Account Management

Research and Development

Quality Assurance

Relevant Roles

Project Manager

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Technical Director

Chief Technology Officer

Operations Manager

Commercial Director

Account Manager

Program Director

Risk Manager

Compliance Officer

Chief Financial Officer

Department Head

Managing Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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