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Hosted Services Agreement

Hosted Services Agreement Template for Malaysia

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Key Requirements PROMPT example:

Hosted Services Agreement

"I need a Hosted Services Agreement for my healthcare software company to provide cloud-based patient management systems to private clinics in Malaysia, with strong data protection clauses and compliance with healthcare regulations."

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Document background
The Hosted Services Agreement serves as a fundamental contract for businesses operating in Malaysia that provide or consume cloud-based services, software-as-a-service, or similar hosted solutions. This agreement is essential in today's digital economy where businesses increasingly rely on external service providers for their technology infrastructure and solutions. It incorporates specific provisions to comply with Malaysian legislation, including the Personal Data Protection Act 2010, Computer Crimes Act 1997, and relevant digital commerce laws. The agreement typically covers service specifications, performance standards, data security measures, pricing structures, and operational procedures, while addressing unique aspects of Malaysian business and legal requirements.
Suggested Sections

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

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

3. Definitions: Detailed definitions of technical terms, service-specific terminology, and contract interpretation guidelines

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

5. Service Provider Obligations: Core responsibilities of the service provider including maintenance, support, and security measures

6. Customer Obligations: Customer responsibilities, including payment terms, cooperation requirements, and acceptable use policies

7. Data Protection and Security: Compliance with PDPA 2010 and security measures for protecting customer data

8. Intellectual Property Rights: Ownership and licensing of IP, including customer data and service provider's technology

9. Fees and Payment: Pricing structure, payment terms, and billing procedures

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

11. Confidentiality: Protection of confidential information exchanged between parties

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

13. Force Majeure: Handling of events beyond reasonable control of parties

14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for critical services

2. Change Management: Procedures for implementing changes to services or specifications, useful for complex service arrangements

3. Third-Party Services: Terms governing integration with or use of third-party services, needed if service relies on external providers

4. Professional Services: Terms for additional professional services like implementation or customization, if offered

5. Compliance with Industry Standards: Specific compliance requirements for regulated industries

6. Service Credits: Framework for service credits or financial remedies for service level failures

7. Exit Assistance: Detailed provisions for transition assistance upon termination, important for complex services

Suggested Schedules

1. Service Level Agreement (SLA): Detailed service levels, performance metrics, and measurement methodology

2. Technical Specifications: Detailed technical requirements and specifications of the hosted services

3. Fee Schedule: Detailed pricing, payment terms, and fee calculations

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

5. Support Services: Details of support levels, response times, and escalation procedures

6. Data Processing Agreement: Detailed terms for processing personal data in compliance with PDPA

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

8. Business Continuity Plan: Detailed procedures for ensuring service continuity

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
Agreement
Acceptable Use Policy
Authorized Users
Business Day
Confidential Information
Customer Data
Customer Materials
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Hosted Services
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Renewal Term
Service Credits
Service Level Agreement
Service Provider Systems
Service Specifications
Support Services
System Administrator
Technical Requirements
Term
Third Party Materials
Usage Data
User Access Credentials
Virus
Vulnerability
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Education

Manufacturing

Professional Services

Telecommunications

Retail

Insurance

Government Services

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Operations

Digital Infrastructure

Vendor Management

Technical Operations

Cloud Operations

Solutions Architecture

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Manager

Data Protection Officer

Operations Director

Cloud Services Manager

Compliance Officer

Contract Manager

Risk Manager

Technical Project Manager

Solutions Architect

Digital Transformation Lead

Industries
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions. Essential for hosted services that may involve storing or processing personal data of users.
Computer Crimes Act 1997: Provides framework for cybersecurity and computer-related offenses. Relevant for security obligations in hosted services.
Electronic Commerce Act 2006: Governs electronic transactions and digital signatures. Important for validity of electronic contracts and service delivery.
Consumer Protection Act 1999: Protects rights of consumers and applies to digital services. Relevant for B2C hosted services agreements.
Contracts Act 1950: Fundamental law governing formation and enforcement of contracts in Malaysia. Sets basic requirements for valid agreements.
Digital Signature Act 1997: Regulates use of digital signatures and their legal validity. Important for electronic execution of the agreement.
Communications and Multimedia Act 1998: Regulates communications and multimedia activities. Relevant if hosted services involve content delivery or communications services.
Copyright Act 1987: Protects intellectual property rights. Important for content and software aspects of hosted services.
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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