Service Agency Agreement Template for Austria

The Service Agency Agreement is a crucial document for businesses operating in Austria who wish to expand their service offerings through third-party agents. This agreement type is specifically designed to comply with Austrian agency laws (HVertrG) and commercial code (UGB), making it suitable for both domestic and international service providers. It's particularly valuable when a company wants to enter new markets or expand its reach without establishing a direct presence. The agreement covers essential aspects such as territory rights, commission structures, performance metrics, compliance requirements, and termination provisions. It's commonly used across various service industries and can be adapted to accommodate different business models while maintaining compliance with Austrian legal requirements. The document should be carefully tailored to address specific service types, regulatory requirements, and business objectives while ensuring all mandatory provisions under Austrian law are included.

1. Parties: Identification of the principal and the agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the agency relationship

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Terms of agent's appointment, territory, and whether exclusive or non-exclusive

5. Agent's Rights and Obligations: Detailed responsibilities, performance standards, and authority limits of the agent

6. Principal's Rights and Obligations: Principal's commitments, support to be provided, and information sharing obligations

7. Commission and Payment Terms: Commission structure, calculation method, payment terms, and reporting requirements

8. Term and Termination: Duration of agreement, renewal terms, termination rights, and notice periods as per HVertrG

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: GDPR compliance and data handling requirements

11. Intellectual Property: Ownership and usage rights of IP, including trademarks and marketing materials

12. Non-Competition and Non-Solicitation: Restrictions during and after the agreement term

13. Liability and Indemnification: Scope of liability, limitations, and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

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

16. General Provisions: Standard clauses including notices, amendments, and severability