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Hosted Services Agreement

Hosted Services Agreement Template for India

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Key Requirements PROMPT example:

Hosted Services Agreement

"I need a Hosted Services Agreement for my fintech company providing cloud-based payment processing services to Indian banks, with strong emphasis on data security compliance and RBI regulations."

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Document background
This Hosted Services Agreement is designed for use in the Indian jurisdiction when establishing a formal relationship between a service provider offering hosted technology solutions and their business customers. The agreement is particularly relevant in today's digital economy where businesses increasingly rely on cloud-based and hosted services for their operations. It incorporates essential elements required under Indian law, including compliance with the Information Technology Act, 2000, data protection regulations, and relevant cyber security requirements. The document provides comprehensive coverage of service specifications, performance standards, data handling protocols, security measures, and risk allocation between parties. It is structured to accommodate various hosted service models while ensuring regulatory compliance and protection of both parties' interests under Indian legal framework.
Suggested Sections

1. Parties: Identification of the service provider and customer, including registered addresses and company details

2. Background: Context of the agreement and brief description of the services being provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Services: Detailed description of the hosted services, including scope and delivery requirements

5. Service Provider Obligations: Key responsibilities and commitments of the service provider

6. Customer Obligations: Key responsibilities and commitments of the customer

7. Data Protection and Security: Obligations regarding data protection, privacy, and security measures as per Indian IT laws

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

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

10. Intellectual Property Rights: Ownership and usage rights of IP involved in the services

11. Confidentiality: Protection and handling of confidential information

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. Liability and Indemnities: Limitation of liability and indemnification obligations

14. Force Majeure: Provisions for handling events beyond reasonable control

15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Change Control: Procedures for managing changes to services or agreement terms - used for complex service arrangements

2. Disaster Recovery: Specific disaster recovery and business continuity requirements - important for critical services

3. Transition and Exit: Detailed provisions for service transition and termination assistance - used for complex or critical services

4. Compliance with Specific Regulations: Additional compliance requirements for regulated industries (e.g., financial services, healthcare)

5. Third Party Services: Provisions regarding subcontractors and third-party service providers - used when subcontracting is anticipated

6. Customer Data Migration: Specific provisions for data migration services - relevant when initial data migration is required

7. Training and Support: Detailed training and support obligations - important for complex services requiring user training

8. Audit Rights: Extended audit and inspection rights - important for regulated industries or critical services

Suggested Schedules

1. Service Description: Detailed technical specifications and service descriptions

2. Service Levels and Service Credits: Detailed SLA metrics, measurement methods, and service credit calculations

3. Charges: Detailed pricing structure, rate cards, and payment milestones

4. Security Requirements: Specific security standards, protocols, and compliance requirements

5. Data Processing Agreement: Detailed data processing terms and requirements as per IT Act and Rules

6. Technical Requirements: Customer system requirements and technical specifications

7. Support Services: Detailed support level descriptions and procedures

8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures

9. Change Control Procedure: Detailed process for implementing and managing changes

10. Exit Plan: Detailed transition out and termination assistance procedures

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










































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Relevant Industries

Information Technology

Cloud Computing

E-commerce

Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Professional Services

Education

Government and Public Sector

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Operations

Risk Management

Technical Operations

Vendor Management

Solutions Architecture

Cloud Infrastructure

Data Protection

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Legal Counsel

Procurement Manager

Cloud Services Manager

Information Security Manager

Compliance Officer

Operations Director

Technical Project Manager

Contract Manager

Risk Manager

Data Protection Officer

Solutions Architect

Vendor Management Lead

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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