Hosting Agreement Template for Germany

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Key Requirements PROMPT example:

Hosting Agreement

"I need a Hosting Agreement for my e-commerce platform that will be hosted in German data centers, with strong emphasis on GDPR compliance and 99.9% uptime guarantee, planned to go live in March 2025."

Document background

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.

Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

alex.den.21@genieai.co

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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Let's create your Hosting Agreement

Authors

Alex Denne

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