The Client Agreement Contract serves as a foundational document for establishing professional service relationships under Austrian law. It is primarily used when a service provider (whether an individual consultant, professional firm, or corporation) needs to formalize their business relationship with a client. This contract type is essential for clearly defining the scope of services, payment terms, delivery expectations, and legal obligations of both parties. The document incorporates requirements from key Austrian legislation including the ABGB, UGB, and KSchG, while ensuring compliance with EU regulations such as GDPR. It's particularly important for businesses operating in Austria's professional services sector, providing protection and clarity for both service providers and clients through detailed terms and conditions, risk allocation, and dispute resolution mechanisms.
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1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Services: Detailed description of services to be provided by the service provider to the client
5. Duration and Term: Contract duration, commencement date, and renewal terms
6. Fees and Payment Terms: Pricing structure, payment schedule, invoicing details, and late payment consequences
7. Obligations of the Service Provider: Key responsibilities and commitments of the service provider
8. Client Responsibilities: Key responsibilities and commitments of the client
9. Confidentiality: Provisions regarding the handling of confidential information
10. Data Protection: GDPR and DSG compliance provisions regarding personal data processing
11. Intellectual Property Rights: Ownership and usage rights of intellectual property
12. Liability and Indemnification: Extent of liability, limitations, and indemnification obligations
13. Termination: Grounds for termination, notice periods, and consequences of termination
14. General Provisions: Standard clauses including notices, assignment, severability, and entire agreement
15. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
1. Service Levels: Detailed service level agreements and performance metrics, used when specific performance standards need to be maintained
2. Change Control: Procedures for requesting and implementing changes to services, used in complex service arrangements
3. Force Majeure: Provisions for handling unforeseen circumstances, recommended for long-term or high-value contracts
4. Insurance: Insurance requirements and coverage details, important for high-risk services
5. Audit Rights: Client's rights to audit service provider's performance and compliance, relevant for regulated industries
6. Personnel: Requirements regarding key personnel and subcontractors, important when specific expertise is crucial
7. Non-Solicitation: Restrictions on hiring each other's employees, relevant in professional services contexts
8. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
1. Schedule 1 - Service Description: Detailed technical specifications and scope of services
2. Schedule 2 - Fee Schedule: Detailed pricing, rate cards, and payment terms
3. Schedule 3 - Service Levels: Detailed performance metrics, measurement methods, and remedies
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Appendix A - Required Forms: Standard forms and templates used in service delivery
7. Appendix B - Technical Requirements: Technical specifications and requirements for service delivery
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Information Technology
Management Consulting
Financial Services
Legal Services
Business Services
Marketing and Advertising
Engineering Services
Healthcare Services
Education and Training
Real Estate Services
Construction Services
Environmental Services
Relevant Teams
Legal
Compliance
Commercial
Business Development
Sales
Operations
Client Services
Procurement
Risk Management
Finance
Executive Leadership
Relevant Roles
Legal Counsel
Contract Manager
Business Development Manager
Account Manager
Project Manager
Commercial Director
Compliance Officer
Risk Manager
Operations Manager
Chief Executive Officer
Chief Financial Officer
Sales Director
Client Services Manager
Procurement Manager
General Counsel
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