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Terms And Conditions Service Agreement

Terms And Conditions Service Agreement Template for Austria

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Key Requirements PROMPT example:

Terms And Conditions Service Agreement

"I need a Terms and Conditions Service Agreement under Austrian law for my cloud-based software company, which will provide SaaS solutions to enterprise clients starting January 2025, with specific emphasis on data protection and service level commitments."

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Document background
The Terms and Conditions Service Agreement is essential for businesses operating in Austria that provide services to customers, whether in a B2B or B2C context. This document is particularly crucial as it must comply with stringent Austrian and EU regulatory requirements, including the Austrian Civil Code (ABGB), Consumer Protection Act (KSchG), E-Commerce Act (ECG), and GDPR. The agreement should be used when establishing any ongoing service relationship, clearly defining the scope of services, payment terms, liability provisions, and data protection measures. It serves as the primary legal framework governing the service relationship and should be regularly reviewed and updated to ensure continued compliance with evolving Austrian and EU legislation. The document's structure accommodates various service types while maintaining compliance with mandatory legal requirements in the Austrian jurisdiction.
Suggested Sections

1. Parties: Identification of the service provider and customer, including full legal names and addresses

2. Background: Brief context of the service relationship and purpose of the agreement

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

4. Scope of Services: Detailed description of services provided, including any service levels or performance standards

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

6. Fees and Payment: Pricing structure, payment terms, invoicing procedures, and late payment consequences

7. Service Provider Obligations: Key responsibilities and commitments of the service provider

8. Customer Obligations: Key responsibilities and commitments of the customer

9. Data Protection and Privacy: GDPR compliance measures and data handling procedures

10. Intellectual Property Rights: Ownership and usage rights of IP created or used in service delivery

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. Termination: Grounds for termination, notice periods, and consequences of termination

14. Force Majeure: Provisions for unforeseeable circumstances preventing service delivery

15. Governing Law and Jurisdiction: Specification of Austrian law and competent courts

16. General Provisions: Miscellaneous legal provisions including severability and entire agreement

Optional Sections

1. Service Level Agreement (SLA): Include when specific performance metrics and service levels need to be guaranteed

2. Warranty: Include for services that require specific quality guarantees or warranties

3. Insurance: Include when specific insurance coverage is required for service delivery

4. Compliance with Laws: Include when service involves regulated activities or specific compliance requirements

5. Subcontracting: Include when service provider may need to engage subcontractors

6. Change Management: Include when services may require modifications during the contract term

7. Audit Rights: Include when customer requires rights to audit service delivery or compliance

8. Business Continuity: Include for critical services requiring disaster recovery plans

9. Assignment: Include when transfer of rights needs to be specifically regulated

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and scope of services

2. Schedule 2 - Service Levels: Specific performance metrics, measurement methods, and remedies

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

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

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 - Security Requirements: Security protocols and requirements for service delivery

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Service Provider
Customer
Services
Service Levels
Fees
Commencement Date
Term
Initial Term
Renewal Term
Business Day
Confidential Information
Customer Data
Personal Data
Data Protection Laws
GDPR
Intellectual Property Rights
Documentation
Force Majeure Event
Material Breach
Service Credits
Service Hours
Authorized Users
Service Location
Maintenance Window
Emergency Maintenance
Service Specifications
Acceptance Criteria
Change Request
Deliverables
Good Industry Practice
KPIs
Performance Standards
Response Time
Resolution Time
Support Services
Technical Requirements
Territory
Working Hours
Contractor Personnel
Dispute
Effective Date
Exit Plan
Implementation Period
Incident
Loss
Notice
Service Levels
Service Requirements
Termination Date
Third Party Provider
Applicable Law
Consumer Protection Laws
Clauses
Definitions
Service Scope
Term and Duration
Fees and Payment
Service Provider Obligations
Customer Obligations
Service Levels
Performance Standards
Data Protection
GDPR Compliance
Confidentiality
Intellectual Property
Warranties
Liability Limitations
Indemnification
Force Majeure
Termination
Suspension Rights
Change Management
Notice Requirements
Assignment
Subcontracting
Dispute Resolution
Governing Law
Jurisdiction
Consumer Rights
Information Requirements
Right of Withdrawal
Service Modifications
Quality Standards
Acceptance Testing
Documentation
Support Services
Business Continuity
Audit Rights
Insurance
Regulatory Compliance
Electronic Communication
Price Adjustments
Service Credits
Exit Management
Third Party Rights
Entire Agreement
Severability
Waiver
Amendments
Force and Effect
Relevant Industries

Information Technology

Professional Services

Consulting

Software Development

Healthcare

Financial Services

Telecommunications

Digital Marketing

Education and Training

Business Process Outsourcing

Cloud Services

Manufacturing

Logistics and Supply Chain

Real Estate Services

Legal Services

Relevant Teams

Legal

Compliance

Sales

Operations

Customer Success

Business Development

Risk Management

Data Protection

Commercial

Contract Administration

Account Management

Service Delivery

Relevant Roles

Legal Counsel

Contract Manager

Compliance Officer

Business Development Manager

Sales Director

Operations Manager

Service Delivery Manager

Account Executive

Risk Manager

Data Protection Officer

Commercial Director

Chief Legal Officer

Business Unit Director

Project Manager

Customer Success Manager

Industries
Austrian Civil Code (ABGB): The fundamental law governing contracts and civil law matters in Austria, including contract formation, validity, and general obligations
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and data protection rights for individuals within the EU
Austrian Consumer Protection Act (KSchG): Provides specific protections for consumers in business-to-consumer contracts, including mandatory information requirements and withdrawal rights
E-Commerce Act (ECG): Implements EU E-Commerce Directive, governing electronic business transactions and digital services
Distance Selling Act (FAGG): Regulates contracts concluded at a distance (online, phone, etc.) and provides specific consumer rights for such transactions
Austrian Data Protection Act (DSG): National implementation of data protection requirements, complementing GDPR with Austria-specific provisions
Service Information Obligation Decree (DL-InfoV): Specifies information that service providers must provide to their customers
Austrian Corporate Code (UGB): Relevant for B2B relationships and commercial transactions in service agreements
Alternative Dispute Resolution Act (AStG): Implements EU ADR Directive, providing framework for out-of-court dispute resolution
Price Marking Act (PrAG): Regulates how prices must be displayed and disclosed to customers
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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