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Online Service Agreement

Online Service Agreement Template for Germany

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Key Requirements PROMPT example:

Online Service Agreement

"I need an Online Service Agreement for my B2B SaaS platform launching in March 2025, which will provide AI-powered analytics services to German enterprise customers, with specific emphasis on data protection and service level guarantees."

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Document background
The Online Service Agreement serves as the primary contractual framework for companies providing digital services to users in Germany. It is essential for any business offering online platforms, software-as-a-service, digital content, or other internet-based services to German customers. This agreement must comply with stringent German and EU regulations, including the Telemedia Act (TMG), Civil Code (BGB), and GDPR/DSGVO. The document addresses crucial aspects such as service scope, data protection, user rights and obligations, technical requirements, and liability limitations. It is particularly important in the context of Germany's robust consumer protection framework and digital service regulations, requiring careful attention to transparency, fairness, and data privacy requirements.
Suggested Sections

1. Parties: Identification of the service provider and customer, including full legal names, addresses, and registration details

2. Background: Brief context of the agreement and purpose of the online service

3. Definitions: Key terms used throughout the agreement, including technical terms and service-specific vocabulary

4. Service Description: Detailed description of the online services provided, including scope, features, and functionality

5. Registration and Account: Process and requirements for account creation and maintenance

6. Service Level Agreement: Performance standards, availability commitments, and technical specifications

7. User Obligations: Customer responsibilities, acceptable use policy, and account security requirements

8. Data Protection and Privacy: GDPR-compliant provisions regarding data processing, privacy policies, and data security measures

9. Intellectual Property Rights: Ownership and usage rights of content, software, and other IP

10. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods

11. Term and Termination: Contract duration, renewal terms, and termination conditions

12. Limitation of Liability: Liability limitations and exclusions in compliance with German law

13. Confidentiality: Protection of confidential information exchanged during service provision

14. Force Majeure: Circumstances excusing performance of obligations

15. Final Provisions: Governing law, jurisdiction, severability, and entire agreement clauses

Optional Sections

1. Trial Period: Terms for free trial periods if offered - include when service provides trial access

2. Service Level Credits: Compensation mechanism for service level failures - include for enterprise or premium services

3. Professional Services: Terms for additional implementation or consulting services - include if offering supplementary services

4. Third-Party Integrations: Terms regarding integration with other services - include if service connects with third-party platforms

5. Reseller Provisions: Terms for reselling or white-labeling - include if allowing service resale

6. Insurance Requirements: Insurance obligations - include for high-risk or regulated services

7. Export Control: Export compliance terms - include if service may be subject to export regulations

8. Emergency Maintenance: Procedures for emergency service interventions - include for critical services

Suggested Schedules

1. Service Specification: Detailed technical specifications and service features

2. Service Level Agreement Details: Detailed performance metrics, measurement methods, and reporting procedures

3. Fee Schedule: Detailed pricing structure, including all possible charges and payment terms

4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures

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

6. Security Requirements: Technical and organizational security requirements and procedures

7. Support Services Description: Details of support services, including response times and escalation procedures

8. Emergency Contact Information: List of emergency contacts and escalation 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
Acceptable Use Policy
Account
Authorized Users
Business Day
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Privacy Policy
Professional Services
Prohibited Content
Service Credits
Service Level Agreement (SLA)
Service Provider
Services
Subscription Period
Subscription Plan
System Requirements
Technical Support
Term
Third-Party Services
User Content
User Credentials
Usage Data
Updates
Upgrades
Virus
Website
Clauses
Service Provision
License Grant
Access Rights
Registration
Account Management
Service Level
Technical Requirements
Data Protection
Privacy
Information Security
User Obligations
Acceptable Use
Payment Terms
Pricing
Subscription
Service Modification
Maintenance
Support Services
Intellectual Property
Confidentiality
Warranty
Liability Limitation
Indemnification
Force Majeure
Term
Termination
Suspension
Notice
Assignment
Subcontracting
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Export Control
Consumer Rights
Data Processing
Emergency Procedures
Relevant Industries

Information Technology

Software as a Service

E-commerce

Digital Services

Financial Services

Healthcare Technology

Educational Technology

Professional Services

Cloud Computing

Digital Media

Telecommunications

Consulting Services

Online Retail

Digital Marketing

Business Services

Relevant Teams

Legal

Information Technology

Compliance

Product Development

Information Security

Customer Success

Operations

Risk Management

Commercial

Data Protection

Business Development

Technical Support

Sales

Privacy

Relevant Roles

Legal Counsel

Chief Technology Officer

Data Protection Officer

Compliance Manager

Product Manager

IT Security Manager

Contract Manager

Chief Information Officer

Privacy Officer

Business Development Manager

Operations Director

Risk Manager

Commercial Director

Digital Services Manager

Customer Success Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental law governing contracts, including formation, terms, and general contractual obligations
Telemedia Act (Telemediengesetz - TMG): Regulates electronic information and communication services, including provider obligations and liability
General Data Protection Regulation (GDPR/DSGVO): European regulation governing personal data processing, implemented in Germany through the Federal Data Protection Act
Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG): German implementation of GDPR, providing additional national data protection requirements
Price Indication Regulation (Preisangabenverordnung - PAngV): Regulates how prices must be displayed and communicated to consumers
German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Governs fair commercial practices and marketing communications
Electronic Signature Act (Signaturgesetz - SigG): Regulates the use of electronic signatures in legal transactions
Telecommunications Act (Telekommunikationsgesetz - TKG): Regulates telecommunications services and related privacy aspects
IT Security Act (IT-Sicherheitsgesetz): Sets requirements for IT security measures, particularly relevant for digital services
Distance Selling Law (Fernabsatzrecht): Part of the BGB that specifically regulates contracts concluded at a distance, including online
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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