The Retainer Contract is essential for businesses and professionals operating in Austria who wish to establish long-term service relationships with their clients. This document is commonly used when a client requires regular access to professional services and wants to secure availability and priority attention from the service provider. The contract, governed by Austrian law, typically includes detailed provisions about service scope, fee structures, reporting requirements, and termination rights. It's particularly relevant for professional service providers who offer ongoing support or regular services to their clients. The agreement ensures compliance with Austrian legal requirements, including the ABGB (Austrian Civil Code) and, where applicable, the KSchG (Consumer Protection Act). The Retainer Contract helps prevent misunderstandings by clearly defining the nature of services, response times, communication channels, and payment terms, while also addressing important aspects such as liability limitations and confidentiality obligations.
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1. Parties: Identification and details of the service provider and the client
2. Background: Context of the retainer arrangement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided under the retainer
5. Term and Termination: Duration of the retainer agreement, renewal terms, and termination provisions
6. Fees and Payment Terms: Monthly/periodic retainer fee, payment schedule, and invoicing procedures
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. Communication and Reporting: Methods and frequency of communication and reporting requirements
10. Liability and Insurance: Limitation of liability provisions and required insurance coverage
11. Force Majeure: Provisions for unforeseen circumstances preventing performance
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when the services involve creation of intellectual property or use of existing IP
2. Confidentiality: Include when sensitive information will be exchanged during the service provision
3. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance
4. Non-Competition: Include when restricting the service provider from working with competitors
5. Service Levels: Include when specific performance metrics need to be maintained
6. Substitution Rights: Include when the service provider may need to delegate tasks to others
7. Quality Assurance: Include when specific quality standards must be maintained
8. Emergency Services: Include when services might be required outside normal business hours
1. Schedule 1 - Detailed Service Description: Comprehensive list and description of all services covered under the retainer
2. Schedule 2 - Fee Schedule: Detailed breakdown of retainer fees, additional charges, and payment terms
3. Schedule 3 - Service Level Agreement: Specific metrics and standards for service delivery, if applicable
4. Schedule 4 - Key Personnel: List of key team members and their roles in service delivery
5. Schedule 5 - Reporting Templates: Standard formats for regular reporting and communication
6. Appendix A - Contact Details: Contact information for key personnel on both sides
7. Appendix B - Compliance Requirements: Any specific regulatory or industry compliance requirements
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