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Personal Services Agreement for Austria

Personal Services Agreement Template for Austria

A Personal Services Agreement governed by Austrian law is a comprehensive legal document that establishes the terms and conditions for the provision of professional services by an independent contractor to a client. This agreement, compliant with Austrian civil code (ABGB) and relevant labor laws, clearly defines the independent nature of the relationship, scope of services, compensation terms, and associated obligations while ensuring compliance with Austrian social security and tax regulations. The document includes specific provisions for data protection under GDPR, intellectual property rights, and professional liability, tailored to meet Austrian legal requirements and business practices.

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What is a Personal Services Agreement?

The Personal Services Agreement is essential for businesses and organizations engaging independent contractors or freelance professionals in Austria. This document serves as a crucial legal framework that clearly distinguishes the relationship from employment, complying with Austrian labor laws and the ABGB (Austrian Civil Code). It's particularly important given Austria's strict regulations regarding independent contractor classifications and social security obligations. The agreement typically covers service scope, payment terms, intellectual property rights, data protection under GDPR, and professional liability. It's designed to protect both parties' interests while ensuring compliance with Austrian tax regulations and social security requirements. This document is commonly used when engaging consultants, freelancers, or professional service providers for specific projects or ongoing services.

What sections should be included in a Personal Services Agreement?

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

2. Background: Context of the agreement and confirmation of service provider's independent contractor status

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Deliverables', and 'Intellectual Property'

4. Scope of Services: Detailed description of services to be provided, including specific tasks and responsibilities

5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

6. Compensation and Payment Terms: Fee structure, payment schedule, expenses, and invoicing requirements

7. Independent Contractor Status: Clear statement of independent contractor relationship and associated obligations

8. Service Provider's Obligations: Key responsibilities, quality standards, and performance requirements

9. Client's Obligations: Support, access, and information to be provided by the client

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data processing obligations

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Insurance: Required insurance coverage and minimum limits

15. Governing Law and Jurisdiction: Austrian law application and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

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

1. Non-Competition: Restrictions on competing activities, used when service provider has access to sensitive information or client relationships

2. Non-Solicitation: Restrictions on soliciting clients or employees, used in client-facing or team-based services

3. Performance Metrics: Specific KPIs and performance standards, used for measurable service delivery

4. Equipment and Resources: Provisions regarding tools and resources, used when specific equipment or software is required

5. Training and Qualification: Required certifications or training, used for specialized services

6. Substitute Performance: Rules for delegation or substitution of services, used when personal performance isn't essential

7. Force Majeure: Provisions for unforeseeable circumstances, used in longer-term or critical service arrangements

What schedules should be included in a Personal Services Agreement?

1. Schedule A - Service Description: Detailed specification of services, deliverables, and performance standards

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule C - Service Levels: Specific performance metrics and quality standards

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

5. Appendix 1 - Required Qualifications: List of required certifications, licenses, or qualifications

6. Appendix 2 - Authorized Representatives: Named contacts for both parties with authority levels

7. Appendix 3 - Approved Subcontractors: List of pre-approved subcontractors or substitutes if applicable

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions














































Clauses








































Relevant Industries

Information Technology

Management Consulting

Creative Industries

Professional Services

Healthcare

Education and Training

Financial Services

Engineering

Marketing and Communications

Business Advisory

Research and Development

Technical Services

Digital Media

Architecture and Design

Relevant Teams

Legal

Human Resources

Procurement

Finance

Compliance

Operations

Contract Administration

Risk Management

Business Development

Project Management

Relevant Roles

Legal Counsel

HR Director

Procurement Manager

Project Manager

Operations Director

Finance Manager

Compliance Officer

Contract Administrator

Business Development Manager

Department Head

Managing Director

Chief Financial Officer

Chief Operating Officer

Risk Manager

Industries







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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