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Managed Hosting Agreement Template for England and Wales

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Key Requirements PROMPT example:

Managed Hosting Agreement

"I need a Managed Hosting Agreement for my fintech startup that includes enhanced security provisions and data protection clauses, as we'll be handling sensitive financial data for clients in the UK and EU starting January 2025."

Document background
The Managed Hosting Agreement is essential for businesses requiring professional hosting services for their IT infrastructure. This agreement, governed by English and Welsh law, establishes the framework for service delivery, performance standards, and mutual obligations between hosting providers and their clients. It addresses critical aspects such as data protection, security measures, service availability, and disaster recovery, while ensuring compliance with relevant UK legislation. The document is particularly relevant in today's digital economy where businesses increasingly rely on external providers for their hosting needs.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of hosting services to be provided

5. Service Levels: Performance standards and metrics

6. Charges and Payment: Pricing, payment terms and billing procedures

7. Term and Termination: Duration and termination provisions

8. Data Protection: Compliance with data protection laws and responsibilities

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property Rights: Ownership and licensing of IP

11. Liability and Indemnities: Limitations of liability and indemnification provisions

12. Force Majeure: Provisions for unforeseen circumstances and events beyond control

13. General: Boilerplate provisions including notices, assignment, and governing law

Optional Sections

1. Migration Services: Terms for initial data and service migration from existing providers

2. Professional Services: Additional consulting or technical services beyond standard hosting

3. Disaster Recovery: Enhanced disaster recovery and business continuity provisions

4. Change Control: Procedures for managing changes to services or specifications

5. Third Party Providers: Terms relating to integration with third party services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications of hosting services

2. Schedule 2 - Service Level Agreement: Detailed performance metrics, measurement methods, and service credits

3. Schedule 3 - Pricing Schedule: Detailed pricing structure, rates, and payment terms

4. Schedule 4 - Data Processing Agreement: Detailed data processing terms and obligations under data protection laws

5. Schedule 5 - Security Requirements: Security standards, procedures, and compliance requirements

6. Schedule 6 - Exit Plan: Procedures for service termination and transition to alternative providers

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

UK GDPR and Data Protection Act 2018: Primary data protection legislation in the UK that governs how personal data must be processed, stored, and protected. Critical for hosting agreements as they often involve data processing activities.

Privacy and Electronic Communications Regulations (PECR): Specific regulations governing privacy in electronic communications, including rules about cookies and electronic marketing.

Consumer Rights Act 2015: Key legislation protecting consumer rights in the UK, particularly relevant if the hosting services are provided to consumers rather than businesses.

Electronic Commerce Regulations 2002: Regulations governing electronic commerce activities, including requirements for online service providers and information that must be provided to customers.

Network and Information Systems Regulations 2018: Legislation focusing on cybersecurity requirements and ensuring the security of network and information systems.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for hosting agreements involving multiple parties.

Communications Act 2003: Framework legislation for telecommunications and digital communications services in the UK.

Competition Act 1998: Legislation ensuring fair competition and preventing anti-competitive practices, relevant for service level agreements and pricing structures.

Copyright, Designs and Patents Act 1988: Primary legislation protecting intellectual property rights, crucial for defining ownership and usage rights of hosted content and software.

Money Laundering Regulations 2017: Regulations requiring businesses to implement controls to prevent money laundering, relevant for payment processing and customer due diligence.

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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