The Hosting Agreement is essential for organizations seeking to establish or maintain a professional hosting service relationship under German jurisdiction. This contract type is specifically designed to comply with German legal requirements, including the Telemedia Act (TMG), Federal Data Protection Act (BDSG), and IT Security Act, while also addressing EU-wide regulations such as GDPR. The agreement covers crucial aspects such as service availability, data security, technical support, and liability limitations. It's particularly important in scenarios where businesses need reliable, secure hosting services for their digital assets, applications, or data, and requires careful consideration of both technical specifications and legal compliance measures. The document should be regularly reviewed and updated to reflect changes in technology, service requirements, and regulatory frameworks.
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1. Parties: Identification of the hosting provider and the customer, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the hosting services to be provided
3. Definitions: Definitions of technical terms, service-related terminology, and other important concepts used throughout the agreement
4. Services: Detailed description of the hosting services, including infrastructure, maintenance, and support
5. Service Levels: Guaranteed performance metrics, availability commitments, and response times
6. Data Protection and Security: GDPR compliance measures, data processing terms, and security protocols
7. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
8. Fees and Payment: Pricing structure, payment terms, and billing procedures
9. Term and Termination: Duration of agreement, renewal terms, and termination conditions
10. Intellectual Property: IP rights, licensing terms, and ownership of hosted content
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions
13. Force Majeure: Circumstances excusing performance of obligations
14. Governing Law and Jurisdiction: Application of German law and jurisdiction for dispute resolution
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Migration Services: Terms for data migration services when transitioning from another provider
2. Disaster Recovery: Additional provisions for backup and recovery services beyond standard security measures
3. Professional Services: Terms for additional consulting or technical services beyond basic hosting
4. Multi-tenant Provisions: Special terms for shared hosting environments
5. Compliance with Industry Standards: Specific provisions for regulated industries (e.g., healthcare, finance)
6. Sub-processors: Terms regarding the use and management of sub-processors, particularly relevant for GDPR compliance
7. Exit Management: Detailed procedures for service termination and data transfer
8. Service Credits: Compensation scheme for service level failures
1. Schedule 1 - Service Description: Detailed technical specifications of the hosting services
2. Schedule 2 - Service Level Agreement: Detailed metrics, measurements, and remedies for service levels
3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure, payment terms, and pricing adjustments
4. Schedule 4 - Technical Support Services: Support levels, procedures, and contact information
5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
7. Schedule 7 - Acceptable Use Policy: Detailed rules and restrictions for use of the hosting services
8. Appendix A - Contact Information: Key contacts for both parties for various purposes
9. Appendix B - Technical Infrastructure: Detailed description of hardware, software, and network specifications
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Professional Services
Media and Entertainment
Retail
Telecommunications
Software Development
Cloud Services
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Operations
Infrastructure
Service Delivery
Technical Support
Data Protection
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Data Protection Officer
Information Security Manager
Procurement Manager
Systems Administrator
Cloud Services Manager
Operations Director
Contract Manager
Compliance Officer
Technical Project Manager
Infrastructure Manager
Risk Manager
Service Delivery Manager
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