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Supply of services agreement Template for Austria

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Key Requirements PROMPT example:

Supply of services agreement

I need a supply of services agreement for a freelance consultant providing IT support services, with a focus on data security and compliance with Austrian regulations. The agreement should include a clear scope of work, payment terms based on hourly rates, confidentiality clauses, and a termination notice period of 30 days.

What is a Supply of services agreement?

A Supply of services agreement sets out the terms under which one party provides professional services to another in Austria. This contract clearly defines what services will be delivered, payment terms, deadlines, and quality standards - helping both service providers and clients avoid misunderstandings and legal disputes.

Under Austrian commercial law (Unternehmensgesetzbuch), these agreements need specific elements like detailed service descriptions, pricing structures, and liability provisions. They're commonly used by consultants, IT providers, maintenance companies, and other service-based businesses to protect their interests while meeting their obligations under Austrian consumer protection regulations.

When should you use a Supply of services agreement?

Use a Supply of services agreement when engaging external providers for ongoing professional work in Austria - from IT support and maintenance services to consulting and creative projects. This agreement becomes essential once your business needs extend beyond simple one-time transactions into regular service relationships that require clear performance standards and deliverables.

The agreement particularly matters for services valued over €50,000 under Austrian procurement rules, or when dealing with complex projects involving intellectual property rights, data protection, or specialized industry regulations. It helps prevent costly disputes by documenting service levels, payment terms, and each party's responsibilities upfront.

What are the different types of Supply of services agreement?

  • Standard Service Agreement: Basic template covering ongoing professional services, with standard liability and payment terms under Austrian law
  • Framework Service Agreement: Establishes long-term relationship terms while allowing specific service orders through annexes
  • Project-Based Agreement: Tailored for finite projects with clear milestones and deliverables
  • Industry-Specific Agreements: Modified versions for IT services, consulting, or facilities management with sector-specific compliance requirements
  • Consumer Service Agreements: Simplified versions meeting stricter Austrian consumer protection standards for B2C service providers

Who should typically use a Supply of services agreement?

  • Service Providers: Businesses or freelancers who draft Supply of services agreements to outline their professional obligations, pricing, and delivery terms
  • Client Organizations: Companies receiving services who review and negotiate terms to protect their interests and ensure value
  • Legal Counsel: In-house or external lawyers who review and modify agreements to ensure compliance with Austrian commercial law
  • Procurement Teams: Staff who manage service provider selection and contract negotiations for larger organizations
  • Department Managers: Business unit leaders who specify service requirements and monitor delivery against contract terms

How do you write a Supply of services agreement?

  • Service Details: Define exact scope, deliverables, quality standards, and timelines for the services
  • Pricing Structure: Document fees, payment schedules, and any variable costs or expenses
  • Party Information: Gather full legal names, registration numbers, and authorized signatories of both parties
  • Performance Metrics: Establish measurable service levels and success criteria
  • Legal Requirements: Include mandatory Austrian contract elements like dispute reֱ and data protection clauses
  • Risk Management: Outline liability limits, insurance requirements, and termination conditions

What should be included in a Supply of services agreement?

  • Party Identification: Full legal names, addresses, and registration details of service provider and client
  • Service Description: Detailed scope, specifications, and quality standards of services to be provided
  • Payment Terms: Clear pricing, payment schedule, and invoicing requirements under Austrian law
  • Duration & Termination: Contract period, renewal options, and conditions for ending the agreement
  • Data Protection: GDPR compliance measures and data handling procedures
  • Liability Provisions: Responsibility limits and insurance requirements per Austrian commercial code
  • Dispute Reֱ: Austrian jurisdiction clause and agreed method for resolving conflicts

What's the difference between a Supply of services agreement and a Supply of goods agreement?

A Supply of services agreement differs significantly from a Supply of goods agreement in several key aspects under Austrian law. While both are commercial contracts, they serve distinct purposes and contain different legal obligations.

  • Nature of Exchange: Services agreements cover ongoing professional work, expertise, or labor, while goods agreements focus on physical product transfers
  • Performance Measurement: Service agreements require detailed quality standards and performance metrics, unlike goods agreements which mainly specify product specifications
  • Warranty Provisions: Goods agreements emphasize product defects and replacements, while service agreements focus on professional standards and rectification of inadequate service
  • Duration Structure: Service agreements typically have ongoing or project-based timeframes, whereas goods agreements often cover discrete transactions
  • Regulatory Framework: Service agreements fall under Austrian service contract law (Dienstvertrag), while goods agreements are governed by sales contract provisions (Kaufvertrag)

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