The Cloud Hosting Service Agreement is essential for organizations seeking to establish or maintain cloud infrastructure services under German law. This document is particularly relevant in today's digital economy where businesses increasingly rely on cloud services for their operations. The agreement comprehensively addresses service specifications, performance standards, data protection requirements (under GDPR and BDSG), security measures, and risk allocation. It is specifically designed to comply with German legal requirements, including telecommunications law, IT security regulations, and data protection standards. The Cloud Hosting Service Agreement is crucial for both service providers and customers, as it provides legal certainty and clear operational guidelines while ensuring compliance with German and EU regulatory frameworks.
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1. Parties: Identification of the cloud service provider and customer, including legal entity details and registration information
2. Background: Context of the agreement and brief description of the cloud hosting services to be provided
3. Definitions: Definitions of technical terms, service-specific terminology, and other key concepts used in the agreement
4. Services: Detailed description of the cloud hosting services, including scope, specifications, and service environment
5. Service Levels: Specific service level commitments, availability guarantees, and performance metrics
6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
7. Fees and Payment: Pricing structure, payment terms, invoicing procedures, and late payment consequences
8. Data Protection and Security: GDPR and BDSG compliance measures, data processing terms, and security requirements
9. Intellectual Property Rights: IP ownership, licenses, and usage rights for the service and customer data
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability provisions compliant with German law and indemnification obligations
12. Term and Termination: Contract duration, renewal terms, and termination rights and procedures
13. Force Majeure: Circumstances excusing performance and related procedures
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Consumer Protection Provisions: Additional provisions required when services are offered to consumers, including withdrawal rights
2. Service Credits: Credit scheme for service level failures, optional for enterprise agreements
3. Disaster Recovery: Specific disaster recovery and business continuity provisions for enterprise customers
4. Insurance: Insurance requirements and coverage specifications for enterprise-level agreements
5. Audit Rights: Customer rights to audit service provider's compliance and security measures
6. Migration Services: Terms governing transition services at the start or end of the agreement
7. Sub-processors: Provisions regarding the use and management of sub-processors, particularly relevant for data processing
8. Service Level Reporting: Detailed reporting obligations regarding service level performance
1. Service Description: Detailed technical specifications of the cloud hosting services
2. Service Level Agreement: Detailed service levels, measurement methods, and remedies
3. Pricing Schedule: Detailed pricing structure, including variable costs and calculation methods
4. Data Processing Agreement: Detailed data processing terms compliant with GDPR and BDSG requirements
5. Security Requirements: Technical and organizational security measures
6. Acceptable Use Policy: Detailed rules and restrictions for service usage
7. Support Services: Description of support levels, response times, and escalation procedures
8. Exit Plan: Procedures and requirements for service termination and data migration
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