Managed Hosting Agreement Template for India

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Key Requirements PROMPT example:

Managed Hosting Agreement

"I need a Managed Hosting Agreement for my fintech startup based in Mumbai, with specific provisions for handling sensitive financial data and ensuring 99.99% uptime, compliant with RBI guidelines and planning to go live by March 2025."

Document background
The Managed Hosting Agreement is essential for businesses seeking to outsource their IT infrastructure management and hosting requirements to specialized service providers in India. This agreement is particularly relevant in the context of increasing digitalization and the need for reliable, secure hosting solutions that comply with Indian regulatory requirements. The document covers crucial aspects such as service specifications, performance metrics, data security measures, and compliance with the Information Technology Act, 2000 and associated regulations. It is designed to protect both service providers and customers by clearly defining responsibilities, service levels, and liability limitations while ensuring alignment with Indian legal requirements for data protection and cybersecurity. This agreement is typically used when organizations need professional management of their hosting infrastructure, whether for websites, applications, or other digital assets, and require formal documentation of the service arrangement.
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 hosting services to be provided

3. Definitions: Detailed definitions of technical terms, service-related concepts, and other key terms used in the agreement

4. Services: Detailed description of the managed hosting services, including scope and exclusions

5. Service Provider Obligations: Core obligations of the hosting provider, including service delivery, maintenance, and support

6. Customer Obligations: Customer responsibilities, including access provision, content regulations, and payment obligations

7. Service Levels: Performance standards, availability commitments, and response times

8. Charges and Payment: Pricing, payment terms, invoicing, and late payment consequences

9. Data Protection and Security: Compliance with IT Act requirements, data security measures, and privacy protections

10. Intellectual Property Rights: Ownership and licensing of IP, including customer content and provider systems

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnities: Limitation of liability, indemnification obligations, and risk allocation

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

14. Force Majeure: Events excusing performance and related procedures

15. Governing Law and Jurisdiction: Indian law governance and dispute resolution procedures

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

Optional Sections

1. Disaster Recovery: Detailed disaster recovery and business continuity provisions - include for enterprise clients or critical systems

2. Change Control: Formal procedures for managing changes to services or specifications - recommended for complex hosting arrangements

3. Migration Services: Provisions for initial migration of customer systems - include when onboarding existing systems

4. Multi-location Services: Specific provisions for services delivered across multiple data centers - include for distributed hosting arrangements

5. Third-Party Services: Integration with third-party services and related terms - include when third-party services are part of the solution

6. Environmental Standards: Green hosting and environmental commitments - include for environmentally conscious clients

7. Security Audits: Regular security audit requirements and procedures - recommended for financial or healthcare clients

8. Exit Management: Detailed exit and transition provisions - important for complex hosting arrangements

Suggested Schedules

1. Service Description: Detailed technical specifications of hosting services and infrastructure

2. Service Levels: Detailed SLA metrics, measurement methods, and service credits

3. Charges: Detailed pricing structure, including variable charges and calculation methods

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

5. Technical Requirements: Customer system requirements and technical specifications

6. Support Services: Details of support levels, processes, and escalation procedures

7. Acceptable Use Policy: Rules and restrictions for use of hosting services

8. Data Processing Agreement: Specific terms for processing personal data under applicable laws

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

E-commerce

Financial Services

Healthcare

Education

Manufacturing

Retail

Media and Entertainment

Professional Services

Telecommunications

Government and Public Sector

Insurance

Logistics and Supply Chain

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Operations

Compliance

Risk Management

Infrastructure

Service Delivery

Vendor Management

Technical Support

Finance

Relevant Roles

Chief Technology Officer

IT Director

Infrastructure Manager

Legal Counsel

Procurement Manager

Information Security Officer

Operations Director

Technical Project Manager

Compliance Officer

Contract Manager

Data Protection Officer

IT Service Delivery Manager

Systems Administrator

Cloud Solutions Architect

Vendor Management Specialist

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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