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Hosted Services Agreement

Hosted Services Agreement Generator for Germany

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Key Requirements PROMPT example:

Hosted Services Agreement

"I need a Hosted Services Agreement for providing cloud-based data analytics services to German healthcare providers, with strong emphasis on GDPR compliance and medical data protection, planned to commence in March 2025."

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Document background
The Hosted Services Agreement is essential for businesses operating in Germany that either provide or procure cloud-based services, SaaS solutions, or other hosted technology services. This agreement type is specifically designed to comply with German legal requirements, including the German Civil Code (BGB), Federal Data Protection Act (BDSG), and EU GDPR. It covers critical aspects such as service availability, data protection, security measures, and liability limitations within the German legal framework. The agreement is particularly important given Germany's strict data protection and IT security requirements, making it a crucial document for establishing clear service provisions, performance standards, and compliance obligations between service providers and their customers.
Suggested Sections

1. Parties: Identification of contracting parties with full legal names and addresses

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

3. Definitions: Defined terms used throughout the agreement, including technical terms specific to hosted services

4. Services: Detailed description of hosted services, service scope, and delivery obligations

5. Service Provider Obligations: Key responsibilities including service provision, maintenance, and support

6. Customer Obligations: Customer responsibilities, including access provision and cooperation requirements

7. Fees and Payment: Payment terms, fee structure, invoicing, and payment methods

8. Service Levels: Performance standards, availability commitments, and remedies for failure

9. Data Protection and Security: GDPR compliance, data processing terms, and security measures

10. Intellectual Property Rights: IP ownership, licenses, and usage rights

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitation of liability and indemnification provisions under German law

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

14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

15. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

Optional Sections

1. Change Management: Procedures for implementing changes to services or terms, recommended for complex service arrangements

2. Disaster Recovery: Specific disaster recovery and business continuity provisions, important for critical services

3. Personnel: Requirements for service provider personnel, needed when specific qualifications or security clearances are required

4. Customer Data Migration: Provisions for data migration at beginning and end of services, important for data-intensive services

5. Audit Rights: Customer rights to audit service provider compliance, important for regulated industries

6. Insurance: Specific insurance requirements, important for high-value or high-risk services

7. Service Credits: Financial compensation scheme for service level failures, useful for critical services

8. Benchmarking: Rights to benchmark services against market standards, useful for long-term contracts

Suggested Schedules

1. Service Description: Detailed technical specifications of hosted services

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

3. Pricing and Payment Schedule: Detailed fee structure, pricing models, and payment terms

4. Data Processing Agreement: GDPR-compliant data processing terms and specifications

5. Technical Requirements: Customer and service provider technical requirements and specifications

6. Security Requirements: Detailed security measures, protocols, and compliance requirements

7. Support Services: Support level descriptions, response times, and escalation procedures

8. Exit Plan: Detailed transition assistance and exit management procedures

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Tests
Authorized Users
Business Day
Change Request
Confidential Information
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Good Industry Practice
Hosted Environment
Hosted Services
Intellectual Property Rights
Maintenance Window
Personal Data
Planned Maintenance
Platform
Processing
Response Time
Service Credits
Service Hours
Service Level Agreement
Service Level Failure
Service Provider Systems
Service Levels
Services
Software
Subscription Term
Support Hours
Support Services
System Requirements
Technical Requirements
Term
Third-Party Components
Update
Upgrade
User Access Credentials
Virus
Working Hours
Clauses
Service Provision
Service Levels
Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Exit Management
Change Control
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Service Credits
Maintenance
Support Services
Customer Obligations
Documentation
User Access
Business Continuity
Disaster Recovery
Insurance
Notices
Anti-Corruption
Entire Agreement
Severability
Third Party Rights
Amendment
Waiver
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government

Energy

Transportation

E-commerce

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Data Protection

Vendor Management

Operations

Risk Management

Digital Transformation

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Officer

Data Protection Officer

Contract Manager

Chief Information Officer

Technical Project Manager

Compliance Officer

Chief Digital Officer

Vendor Management Officer

Cloud Services Manager

IT Operations Manager

Industries
EU General Data Protection Regulation (GDPR): Fundamental regulation governing personal data processing, requiring specific clauses about data handling, processing agreements, and international data transfers
German Federal Data Protection Act (BDSG): National implementation of GDPR and additional German-specific data protection requirements
German Civil Code (BGB): Primary source of contract law in Germany, governing formation, interpretation, and enforcement of contracts
IT Security Act (IT-Sicherheitsgesetz): Regulations concerning IT security measures and requirements for digital service providers
Telemedia Act (TMG): Governs electronic information and communication services, including hosting providers' obligations
German Telecommunications Act (TKG): Regulates telecommunications services and might apply to certain aspects of hosted services
Price Indication Regulation (PAngV): Governs how prices must be communicated to customers, particularly relevant for service fee structures
German Act Against Unfair Competition (UWG): Ensures fair competition and regulates marketing practices, relevant for service offerings and market conduct
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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