The Simple Consulting Agreement is designed for use under Austrian law when engaging external consultants or consulting firms for professional services. This document is particularly relevant when establishing clear, professional consulting relationships that require compliance with Austrian legal requirements, including the ABGB (Austrian Civil Code) and GDPR. The agreement covers essential elements such as scope of services, payment terms, confidentiality, and intellectual property rights, while incorporating necessary provisions for data protection and professional liability. It's structured to be adaptable for various consulting arrangements while maintaining legal compliance and protecting both parties' interests. The document is commonly used for both short-term project-based consulting and ongoing advisory relationships, providing a solid legal foundation for professional service engagements in Austria.
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1. Parties: Identification of the consultant and the client, including full legal names, addresses, and registration details if applicable
2. Background: Brief context of the agreement and the parties' intention to enter into a consulting relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Scope of Services: Detailed description of the consulting services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
7. Obligations of the Consultant: Key responsibilities and commitments of the consultant
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Intellectual Property Rights: Ownership and usage rights of any IP created during the consulting engagement
10. Confidentiality: Protection of confidential information exchanged during the engagement
11. Data Protection: GDPR compliance and data handling requirements
12. Liability and Indemnification: Extent of consultant's liability and indemnification provisions
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when consultant will have access to sensitive competitive information
2. Insurance: Requirements for professional liability insurance, relevant for high-risk or regulated consulting services
3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term consulting arrangements
4. Assignment: Rights to transfer the agreement, important when working with larger organizations or potential M&A scenarios
5. Warranties: Specific guarantees about consultant's qualifications or service quality, used in specialized consulting fields
6. Compliance with Laws: Specific regulatory compliance requirements, necessary for regulated industries
7. Dispute Resolution: Alternative dispute resolution procedures, useful for international consulting relationships
1. Schedule A - Services Description: Detailed scope of work, deliverables, and timelines
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule C - Service Levels: Specific performance metrics and service standards if applicable
4. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed
5. Appendix 2 - Contact Details: Key contact persons and their details for both parties
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Management Consulting
Financial Services
Healthcare
Manufacturing
Energy
Real Estate
Professional Services
Education
Retail
Telecommunications
Environmental Services
Human Resources
Marketing and Advertising
Legal Services
Relevant Teams
Legal
Procurement
Human Resources
Finance
Operations
Compliance
Risk Management
Contract Administration
Project Management Office
Business Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Project Manager
Human Resources Director
Operations Manager
Business Development Manager
Department Head
Contract Administrator
Risk Manager
Compliance Officer
Finance Director
Managing Director
Independent Consultant
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