This Master Services Agreement (MSA Contract) is designed for use when parties intend to establish a long-term service relationship under Austrian law, where multiple services may be provided over time without the need to negotiate new terms for each engagement. It provides a governing framework that includes essential provisions required under Austrian law, including those from the ABGB and UGB, while allowing flexibility through service-specific orders. The MSA is particularly useful for complex service relationships requiring clear governance structures, risk allocation, and compliance with Austrian and EU regulations, including GDPR. It includes comprehensive terms for service delivery, payment mechanisms, liability provisions, and contract management, while allowing for customization through schedules and service orders.
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1. Parties: Identification of contracting parties with full legal names and registration details as per Austrian law requirements
2. Background: Context of the agreement and business relationship between the parties
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Structure and Scope: Framework for services engagement, including process for individual service orders
5. Services: General description of services, service standards, and delivery requirements
6. Ordering Process: Procedure for requesting, accepting, and implementing specific services
7. Provider Obligations: Key responsibilities and commitments of the service provider
8. Customer Obligations: Key responsibilities and commitments of the customer
9. Charges and Payment: Pricing structure, payment terms, invoicing, and late payment consequences
10. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and newly created IP
11. Confidentiality: Protection and handling of confidential information
12. Data Protection: GDPR compliance and data processing obligations
13. Liability and Insurance: Limitation of liability, indemnities, and insurance requirements
14. Term and Termination: Duration, renewal, and termination rights
15. Force Majeure: Rights and obligations during force majeure events
16. Governing Law and Jurisdiction: Austrian law governance and dispute resolution procedures
17. General Provisions: Standard boilerplate clauses including assignment, severability, and entire agreement
1. Personnel and Subcontractors: Include when services require specific personnel commitments or subcontractor usage
2. Service Levels: Include when specific performance metrics and remedies are required
3. Business Continuity: Include for critical services requiring disaster recovery planning
4. Change Control: Include when formal process for changes to services is needed
5. Audit Rights: Include when customer requires audit capabilities
6. Competition and Non-Solicitation: Include when protecting against competitive activities is crucial
7. Parent Company Guarantee: Include when provider's parent company guarantee is required
8. Export Control: Include when services involve international data or goods transfer
9. Environmental and Social Responsibility: Include when ESG commitments are important to parties
1. Schedule 1 - Service Description: Detailed description of available services and technical requirements
2. Schedule 2 - Charges: Detailed pricing, rate cards, and payment terms
3. Schedule 3 - Service Levels: Performance metrics, measurement, and service credits
4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms and details
5. Schedule 5 - Form of Service Order: Template for individual service orders
6. Schedule 6 - Key Personnel: List of key personnel and their roles
7. Schedule 7 - Business Continuity Plan: Disaster recovery and business continuity procedures
8. Schedule 8 - Security Requirements: IT and physical security requirements
9. Appendix A - Approved Subcontractors: List of pre-approved subcontractors
10. Appendix B - Technical Infrastructure: Technical specifications and requirements
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