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Agency SLA for Austria

Agency SLA Template for Austria

This document is a comprehensive Service Level Agreement for commercial agency relationships under Austrian law, combining elements of the Austrian Commercial Agency Act (Handelsvertretergesetz) with detailed service level requirements. It establishes the framework for agent-principal relationships while setting specific, measurable performance standards and KPIs. The agreement ensures compliance with Austrian commercial law and EU regulations, particularly regarding agency relationships, data protection, and commercial practices. It includes detailed provisions for service monitoring, reporting requirements, commission structures, and performance evaluation mechanisms.

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What is a Agency SLA?

The Agency SLA is essential for businesses operating in Austria through commercial agents who require structured performance monitoring and clear service standards. This document type combines traditional agency agreement elements with specific service level metrics, making it particularly valuable for companies expanding their market presence through agents while maintaining quality control. The agreement ensures compliance with Austrian legal requirements, including the Commercial Agency Act (Handelsvertretergesetz) and relevant EU regulations, while establishing clear performance expectations, reporting structures, and commission frameworks. It's typically used when a principal company needs to formalize both the agency relationship and specific service delivery standards with their commercial agents, providing mechanisms for performance measurement, issue resolution, and relationship management.

What sections should be included in a Agency SLA?

1. Parties: Identification of the Principal and the Agent, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including the Principal's business, the Agent's expertise, and the purpose of the arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms, performance metrics, and legal concepts

4. Appointment and Scope: Formal appointment of the Agent, territory designation, and scope of authority

5. Agent's Rights and Obligations: Detailed description of the Agent's responsibilities, reporting requirements, and performance standards

6. Principal's Rights and Obligations: Principal's commitments, support provisions, and information sharing requirements

7. Service Levels: Specific performance metrics, KPIs, and measurement methodologies

8. Monitoring and Reporting: Procedures for monitoring service levels, reporting frequency, and review meetings

9. Commission and Payment Terms: Commission structure, calculation method, payment terms, and expenses policy

10. Term and Termination: Duration of the agreement, renewal terms, and termination provisions including notice periods

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance measures and data handling procedures

13. Intellectual Property: Ownership and usage rights of IP, including marketing materials and customer data

14. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

15. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

What sections are optional to include in a Agency SLA?

1. Non-Compete: Restrictions on competing activities during and after the agreement - optional based on business needs and enforceability under Austrian law

2. Customer Transition: Procedures for handling customer relationships upon termination - relevant for agents with direct customer relationships

3. Force Majeure: Provisions for handling unforeseeable circumstances - important for critical service relationships

4. Marketing and Branding: Guidelines for using Principal's branding and marketing materials - relevant for customer-facing agents

5. Training and Support: Details of training and support provided by Principal - important for complex products or services

6. Compliance Requirements: Specific regulatory compliance obligations - necessary for regulated industries

7. Dispute Resolution: Alternative dispute resolution procedures - optional alternative to court proceedings

What schedules should be included in a Agency SLA?

1. Schedule 1 - Service Level Metrics: Detailed breakdown of performance metrics, targets, and measurement methodologies

2. Schedule 2 - Commission Structure: Detailed commission calculations, rates, and examples

3. Schedule 3 - Reporting Ƶ: Standard formats for performance reports and commission calculations

4. Schedule 4 - Territory Definition: Detailed description of geographical or customer segment boundaries

5. Schedule 5 - Technical Requirements: Technical specifications, systems access, and operational procedures

6. Schedule 6 - Escalation Procedures: Step-by-step procedures for handling service level failures and disputes

7. Schedule 7 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

8. Appendix A - Contact Details: Key contact information for both parties including escalation contacts

9. Appendix B - Approved Marketing Materials: Pre-approved marketing materials and usage guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions


















































Clauses











































Relevant Industries

Manufacturing

Technology and Software

Financial Services

Professional Services

Telecommunications

Industrial Equipment

Healthcare

Consumer Goods

Logistics and Distribution

Real Estate

Relevant Teams

Legal

Sales

Operations

Compliance

Service Delivery

Business Development

Contract Management

Quality Assurance

Performance Management

Commercial Operations

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Compliance Manager

Operations Director

Service Delivery Manager

Contract Manager

Regional Sales Manager

Agency Relationship Manager

Performance Analytics Manager

Quality Assurance 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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