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Cloud Hosting Service Agreement

Cloud Hosting Service Agreement Template for Germany

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Key Requirements PROMPT example:

Cloud Hosting Service Agreement

"I need a Cloud Hosting Service Agreement for my enterprise-level financial services company, which will be effective from March 2025, with strict data protection provisions and specific security requirements for handling sensitive financial data in Germany."

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Document background
The Cloud Hosting Service Agreement is essential for organizations seeking to establish or maintain cloud infrastructure services under German law. This document is particularly relevant in today's digital economy where businesses increasingly rely on cloud services for their operations. The agreement comprehensively addresses service specifications, performance standards, data protection requirements (under GDPR and BDSG), security measures, and risk allocation. It is specifically designed to comply with German legal requirements, including telecommunications law, IT security regulations, and data protection standards. The Cloud Hosting Service Agreement is crucial for both service providers and customers, as it provides legal certainty and clear operational guidelines while ensuring compliance with German and EU regulatory frameworks.
Suggested Sections

1. Parties: Identification of the cloud service provider and customer, including legal entity details and registration information

2. Background: Context of the agreement and brief description of the cloud hosting services to be provided

3. Definitions: Definitions of technical terms, service-specific terminology, and other key concepts used in the agreement

4. Services: Detailed description of the cloud hosting services, including scope, specifications, and service environment

5. Service Levels: Specific service level commitments, availability guarantees, and performance metrics

6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements

7. Fees and Payment: Pricing structure, payment terms, invoicing procedures, and late payment consequences

8. Data Protection and Security: GDPR and BDSG compliance measures, data processing terms, and security requirements

9. Intellectual Property Rights: IP ownership, licenses, and usage rights for the service and customer data

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnification: Limitation of liability provisions compliant with German law and indemnification obligations

12. Term and Termination: Contract duration, renewal terms, and termination rights and procedures

13. Force Majeure: Circumstances excusing performance and related procedures

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Consumer Protection Provisions: Additional provisions required when services are offered to consumers, including withdrawal rights

2. Service Credits: Credit scheme for service level failures, optional for enterprise agreements

3. Disaster Recovery: Specific disaster recovery and business continuity provisions for enterprise customers

4. Insurance: Insurance requirements and coverage specifications for enterprise-level agreements

5. Audit Rights: Customer rights to audit service provider's compliance and security measures

6. Migration Services: Terms governing transition services at the start or end of the agreement

7. Sub-processors: Provisions regarding the use and management of sub-processors, particularly relevant for data processing

8. Service Level Reporting: Detailed reporting obligations regarding service level performance

Suggested Schedules

1. Service Description: Detailed technical specifications of the cloud hosting services

2. Service Level Agreement: Detailed service levels, measurement methods, and remedies

3. Pricing Schedule: Detailed pricing structure, including variable costs and calculation methods

4. Data Processing Agreement: Detailed data processing terms compliant with GDPR and BDSG requirements

5. Security Requirements: Technical and organizational security measures

6. Acceptable Use Policy: Detailed rules and restrictions for service usage

7. Support Services: Description of support levels, response times, and escalation procedures

8. Exit Plan: Procedures and requirements for service termination and data migration

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

Information Technology

E-commerce

Financial Services

Healthcare

Manufacturing

Professional Services

Education

Retail

Telecommunications

Media and Entertainment

Government and Public Sector

Research and Development

Logistics and Supply Chain

Insurance

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Technical Operations

Infrastructure

Service Delivery

Data Protection

Vendor Management

Solution Architecture

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Legal Counsel

Data Protection Officer

Procurement Manager

IT Security Manager

Cloud Infrastructure Manager

Technical Operations Director

Compliance Officer

Contract Manager

Enterprise Architect

Solutions Architect

Information Security Officer

Risk Manager

Operations Manager

Service Delivery 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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