A White Label Service Agreement is essential when a business wants to provide its services through another company's brand identity in the Austrian market. This agreement type is commonly used in various sectors, particularly in financial services, technology, and professional services, where companies seek to expand their market reach without developing their own branded solutions. The document needs to comply with Austrian civil law, commercial regulations, and EU requirements (particularly GDPR), while addressing specific aspects of white labeling such as branding rights, service levels, data protection, and quality control. It's particularly important in scenarios where the service provider wants to maintain their core service delivery while allowing partners to present these services as their own, requiring careful attention to intellectual property rights, confidentiality, and operational standards under Austrian jurisdiction.
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1. Parties: Identification of the service provider and the white label partner
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Scope: Detailed description of services to be provided and service delivery requirements
5. White Label Requirements: Specifications for branding, presentation, and usage of the white label partner's marks
6. License Grants: Licenses for intellectual property, including software, branding, and marketing materials
7. Service Levels: Performance standards, monitoring, and reporting requirements
8. Fees and Payment: Pricing, payment terms, invoicing, and related financial provisions
9. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy obligations
10. Confidentiality: Protection of confidential information and trade secrets
11. Representations and Warranties: Standard and service-specific warranties from both parties
12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
13. Term and Termination: Duration, renewal, termination rights, and consequences of termination
14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices
1. Implementation and Setup: Include when significant implementation or integration work is required
2. Training and Support: Include when the provider must provide training or ongoing support services
3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
4. Compliance with Industry Regulations: Include for regulated industries (e.g., financial services, healthcare)
5. Security Requirements: Include when specific security standards or certifications are required
6. Disaster Recovery: Include when business continuity is critical to service delivery
7. Third-Party Dependencies: Include when services rely on specific third-party providers or technologies
8. Geographic Restrictions: Include when services are limited to specific territories or regions
1. Service Description: Detailed technical specifications of services and deliverables
2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Branding Guidelines: Specific requirements for use of marks, logos, and brand elements
5. Technical Requirements: Infrastructure, integration, and technical specifications
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Support and Maintenance: Support levels, response times, and maintenance procedures
8. Business Continuity Plan: Disaster recovery and business continuity procedures
9. Change Control Procedure: Process for requesting and implementing changes to services
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