The Service Agreement template is designed for use under Austrian law when establishing a formal service relationship between a service provider and a client. This document is essential for businesses and individuals operating in Austria who need to formalize service arrangements while ensuring compliance with Austrian civil law (ABGB), commercial regulations, and relevant EU directives. The agreement covers crucial aspects such as service scope, compensation, liability, and termination rights, while incorporating specific requirements of Austrian contract law. It's particularly relevant for both business-to-business (B2B) and business-to-consumer (B2C) relationships, though additional consumer protection provisions apply in B2C contexts. The Service Agreement template can be customized for various service types while maintaining compliance with mandatory Austrian legal requirements and industry-specific regulations.
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1. Parties: Identification and details of the service provider and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a service relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services to be provided, including specific deliverables and performance standards
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
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 any intellectual property created or used during service provision
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Data Protection: Required when personal data processing is involved, detailing GDPR compliance measures
2. Service Levels: Include when specific performance metrics and service levels need to be maintained
3. Warranty: Specific warranties for the services, recommended for technical or specialized services
4. Non-Competition: Include when restricting the service provider from competing activities
5. Personnel: Required when specific personnel or qualifications are essential to service delivery
6. Audit Rights: Include when the client needs rights to audit the service provider's performance or compliance
7. Insurance: Detailed insurance requirements, recommended for high-risk services
8. Change Management: Include when the scope of services may need to be modified during the term
9. Disaster Recovery: Required for critical services requiring business continuity measures
1. Schedule 1 - Service Description: Detailed technical specifications and scope of the services
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, KPIs, and measurement methods
4. Schedule 4 - Data Processing Agreement: Required GDPR compliance documentation if personal data is processed
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Technical Requirements: Technical specifications or requirements for service delivery
7. Appendix B - Form of Reports: Templates for required reporting and documentation
8. Appendix C - Security Requirements: Security protocols and requirements for service delivery
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