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Marketing Services Agreement for Austria

Marketing Services Agreement Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes the terms and conditions under which a marketing service provider delivers specified marketing services to a client. The document covers essential aspects including service scope, deliverables, performance metrics, intellectual property rights, data protection compliance (particularly under GDPR), payment terms, and liability provisions. It incorporates Austrian commercial law requirements and European Union regulations relevant to marketing and advertising activities, ensuring compliance with local and regional legal frameworks while protecting both parties' interests.

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What is a Marketing Services Agreement?

The Marketing Services Agreement is essential for businesses engaging external marketing expertise in Austria. This document is typically used when a company wishes to formalize a relationship with a marketing service provider, whether an agency or individual consultant. It defines the scope of marketing services, deliverables, performance expectations, and compliance requirements under Austrian law. The agreement is particularly important given the complex regulatory landscape surrounding marketing activities in Austria and the EU, including data protection (GDPR), consumer protection, and advertising laws. It provides necessary legal protection for both parties while establishing clear operational parameters and responsibilities. The document is structured to accommodate various marketing services, from traditional advertising to digital marketing, while ensuring compliance with Austrian commercial law and EU regulations.

What sections should be included in a Marketing Services Agreement?

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

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

3. Definitions: Key terms used throughout the agreement, including Marketing Services, Deliverables, Materials, etc.

4. Scope of Services: Detailed description of marketing services to be provided

5. Service Provider's Obligations: Specific duties and responsibilities of the marketing service provider

6. Client's Obligations: Client's responsibilities, including provision of materials and approvals

7. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

8. Term and Termination: Duration of agreement and termination provisions

9. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

10. Data Protection and Privacy: GDPR compliance and data handling requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Representations: Guarantees regarding service quality and compliance with laws

13. Limitation of Liability: Caps on liability and exclusions

14. Force Majeure: Provisions for unforeseen circumstances

15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

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

What sections are optional to include in a Marketing Services Agreement?

1. Performance Metrics and KPIs: Include when specific performance targets are crucial to the agreement

2. Social Media Management: Add when services include social media platform management

3. Content Creation and Approval Process: Include for agreements involving significant content creation

4. Agency of Record Provisions: Add when the agreement establishes an exclusive marketing relationship

5. Subcontractor Rights: Include when the service provider may need to engage third-party contractors

6. Media Buying Terms: Add when services include media purchasing responsibilities

7. International Marketing Provisions: Include when marketing activities extend beyond Austria

8. Crisis Management: Add when handling potential PR crises is part of the scope

9. Consumer Data Collection: Include when direct consumer data collection is involved

What schedules should be included in a Marketing Services Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of all marketing services to be provided

2. Schedule B - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule C - Service Level Agreement: Performance standards and response times

4. Schedule D - Approved Subcontractors: List of pre-approved third-party service providers

5. Schedule E - Brand Guidelines: Client's branding requirements and specifications

6. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms

7. Appendix 2 - Marketing Calendar: Planned marketing activities and timelines

8. Appendix 3 - Reporting Templates: Standard formats for performance and activity reporting

9. Appendix 4 - Approval Workflows: Process flows for content approval and campaign launch

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use

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