Service Provider Agreement Template for Austria

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Key Requirements PROMPT example:

Service Provider Agreement

"I need a Service Provider Agreement for an IT consultancy company providing software development services to financial institutions in Austria, with specific emphasis on data protection and financial regulatory compliance."

Document background

The Service Provider Agreement serves as a foundational document for establishing professional service relationships under Austrian law. It is commonly used when one party (the service provider) agrees to provide professional services to another party (the client) on an ongoing or project basis. This agreement is essential for businesses operating in Austria or choosing Austrian law as their governing law, as it incorporates specific requirements from the Austrian Civil Code (ABGB), Commercial Code (UGB), and relevant EU regulations. The document typically includes detailed provisions on service scope, performance standards, payment terms, intellectual property rights, data protection (GDPR compliance), liability limitations, and dispute resolution mechanisms that align with Austrian legal requirements.

Suggested Sections

1. Parties: Identification and details of the contracting parties (service provider and client)

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided, including deliverables and performance standards

5. Term and Commencement: Duration of the agreement and conditions for commencement

6. Service Provider's Obligations: Detailed responsibilities and commitments of the service provider

7. Client's Obligations: Responsibilities and commitments of the client, including cooperation requirements

8. Fees and Payment Terms: Pricing, payment schedule, invoicing, and payment terms

9. Intellectual Property Rights: Ownership and usage rights of pre-existing and newly created IP

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: GDPR and Austrian DSG compliance requirements

12. Liability and Indemnification: Limitation of liability and indemnification provisions under Austrian law

13. Termination: Termination rights, notice periods, and consequences of termination

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. General Provisions: Standard legal provisions including notices, amendments, and severability

16. Governing Law and Jurisdiction: Specification of Austrian law and jurisdiction

Optional Sections

1. Service Levels: Detailed service level agreements (SLAs) - include when specific performance metrics are required

2. Personnel: Requirements for service provider's personnel - include when specific qualifications or security clearances are needed

3. Insurance: Insurance requirements - include for high-risk or high-value services

4. Compliance with Laws: Specific regulatory compliance obligations - include when operating in regulated industries

5. Audit Rights: Client's rights to audit service provider - include for critical or regulated services

6. Business Continuity: Business continuity and disaster recovery requirements - include for critical services

7. Non-Competition: Restrictions on competitive activities - include when protecting market position

8. Anti-Corruption: Anti-bribery and corruption provisions - include for international services or public sector clients

9. Change Control: Process for managing changes to services - include for complex or long-term services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical and operational description of services

2. Schedule 2 - Service Levels: Detailed SLAs, KPIs, and performance measurement criteria

3. Schedule 3 - Pricing and Payment: Detailed fee structure, rates, and payment terms

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and conditions

5. Schedule 5 - Key Personnel: Details of key personnel assigned to provide the services

6. Appendix A - Service Request Form: Template for requesting specific services or changes

7. Appendix B - Acceptance Testing: Procedures and criteria for accepting deliverables

8. Appendix C - Security Requirements: IT and physical security requirements and 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Professional Services

Management Consulting

Healthcare

Financial Services

Education and Training

Facilities Management

Marketing and Advertising

Engineering Services

Business Process Outsourcing

Construction

Telecommunications

Legal Services

Human Resources

Relevant Teams

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Business Development

Project Management

Commercial

Account Management

Service Delivery

Information Technology

Human Resources

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Contract Manager

Operations Director

Project Manager

Business Development Manager

Risk Manager

Compliance Officer

Service Delivery Manager

Account Manager

Department Head

Commercial Director

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Let's create your Service Provider Agreement

Authors

Alex Denne

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