The Hosting Agreement is essential for businesses requiring professional hosting services in India. This agreement is used when a company needs to establish a formal relationship with a hosting service provider for maintaining their digital infrastructure, websites, or applications. The document comprehensively covers hosting services, technical specifications, service levels, security measures, and compliance requirements under Indian law, particularly the Information Technology Act, 2000 and related regulations. It's crucial for protecting both parties' interests while ensuring compliance with Indian data protection and privacy requirements. The agreement typically includes detailed service specifications, pricing structures, and operational procedures, making it suitable for both domestic and international businesses operating in India.
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1. Parties: Identification of the hosting service provider and the 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 and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Scope of Services: Detailed description of hosting services, infrastructure, and support to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the hosting provider
6. Customer Obligations: Customer responsibilities, including content guidelines and usage restrictions
7. Service Levels: Performance standards, availability commitments, and response times
8. Data Protection and Security: Obligations regarding data security, privacy, and compliance with IT laws
9. Charges and Payment: Pricing, payment terms, and billing procedures
10. Intellectual Property Rights: Ownership and usage rights of hosted content and systems
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination provisions
13. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
15. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise-level hosting
2. Migration Services: Terms for data migration services, relevant when transitioning from another provider
3. Compliance with Industry Standards: Specific compliance requirements for regulated industries (e.g., healthcare, financial services)
4. Foreign Exchange Compliance: Required when parties are from different countries, addressing currency and payment regulations
5. Multi-jurisdiction Operations: Additional terms for services provided across multiple jurisdictions
6. Third-Party Service Integration: Terms governing integration with third-party services or platforms
7. Insurance Requirements: Specific insurance coverage requirements for high-value or high-risk hosting services
1. Schedule 1 - Service Specifications: Detailed technical specifications of hosting infrastructure and services
2. Schedule 2 - Service Level Agreement: Detailed SLA metrics, measurement methods, and penalties
3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, payment terms, and billing procedures
4. Schedule 4 - Support Services: Description of support levels, response times, and escalation procedures
5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Schedule 6 - Acceptable Use Policy: Guidelines and restrictions for use of hosting services
7. Schedule 7 - Data Processing Agreement: Detailed terms for handling personal data in compliance with privacy laws
8. Appendix A - Contact Details: Key contacts for both parties for various aspects of service delivery
9. Appendix B - Technical Contact Matrix: Escalation matrix and contact details for technical support
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
E-commerce
Financial Services
Healthcare
Education
Media and Entertainment
Manufacturing
Retail
Professional Services
Telecommunications
Government and Public Sector
Software Development
Digital Marketing
Relevant Teams
Legal
Information Technology
Infrastructure
Operations
Procurement
Compliance
Risk Management
Information Security
Finance
Technical Operations
Vendor Management
Commercial
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Officer
Operations Manager
Technical Project Manager
Compliance Officer
Risk Manager
Contract Manager
Infrastructure Manager
Systems Administrator
Commercial Director
Chief Information Officer
Data Protection Officer
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