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Hosted Services Agreement

Hosted Services Agreement Template for Australia

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Key Requirements PROMPT example:

Hosted Services Agreement

"I need a Hosted Services Agreement for a financial services company that will be using a cloud provider's data analytics platform, with strict data security requirements and compliance with APRA regulations, starting from March 2025."

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Document background
The Hosted Services Agreement is essential for businesses engaging cloud or hosted service providers in Australia. It establishes the legal framework for service delivery, addressing critical aspects such as data sovereignty, privacy compliance, and security requirements under Australian law. This agreement is particularly relevant given the increasing adoption of cloud services across industries and the need to comply with strict Australian data protection regulations. The document should be used when engaging any provider of hosted services, including Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS), or Infrastructure-as-a-Service (IaaS) solutions. It includes comprehensive provisions for service levels, support, data handling, and risk allocation, while ensuring compliance with Australian privacy principles and security requirements.
Suggested Sections

1. Parties: Identifies and provides details of the contracting parties (service provider and customer)

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of the hosted services to be provided, including scope and exclusions

5. Service Provider Obligations: Core obligations of the service provider, including service delivery, maintenance, and support

6. Customer Obligations: Customer's responsibilities, including providing necessary information and access

7. Security Requirements: Security measures, protocols, and compliance requirements

8. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and data breach procedures

9. Service Levels: Service level commitments, measurement, and remedies for failure

10. Charges and Payment: Pricing, payment terms, and invoicing procedures

11. Intellectual Property: IP ownership, licenses, and restrictions

12. Confidentiality: Protection of confidential information and trade secrets

13. Term and Termination: Duration, renewal, and termination provisions

14. Liability and Indemnities: Risk allocation, limitations of liability, and indemnification obligations

15. Force Majeure: Provisions for handling events beyond parties' reasonable control

16. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices

Optional Sections

1. Personnel and Subcontractors: Include when the service provider may use subcontractors or when specific personnel requirements exist

2. Business Continuity and Disaster Recovery: Include for critical services or when required by customer's regulatory obligations

3. Change Management: Include when services may need significant modifications during the term

4. Audit Rights: Include when customer requires rights to audit service provider's compliance or security measures

5. Data Migration: Include when significant data migration is required at start or end of services

6. Service Credits: Include when financial remedies are offered for service level failures

7. Insurance: Include when specific insurance requirements are needed beyond standard coverage

8. Anti-Bribery and Modern Slavery: Include for compliance with specific regulations or customer policies

Suggested Schedules

1. Service Description: Detailed technical and functional description of the hosted services

2. Service Levels and Service Credits: Detailed service level metrics, measurement methods, and associated credits

3. Charges: Detailed pricing, payment terms, and calculation methods

4. Security Requirements: Detailed security specifications, protocols, and compliance requirements

5. Data Processing Agreement: Detailed data handling procedures and privacy compliance requirements

6. Business Continuity and Disaster Recovery Plan: Detailed procedures for maintaining service continuity

7. Change Control Procedure: Process for requesting and implementing changes to services

8. Support Services: Details of support levels, response times, and escalation procedures

9. Exit Plan: Procedures and requirements for service termination and transition

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses





































Relevant Industries

Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

Media and Entertainment

Energy and Utilities

Transportation and Logistics

Mining and Resources

Construction

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Operations

Finance

Data Privacy

Vendor Management

Digital Infrastructure

Enterprise Architecture

Service Operations

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Manager

Privacy Officer

Risk Manager

Compliance Officer

Contract Manager

IT Operations Manager

Cloud Services Manager

Technical Architect

Service Delivery Manager

Data Protection Officer

Vendor Management Officer

Commercial Manager

Chief Digital Officer

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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