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Hosting Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions under which a service provider will provide hosting services to a client. The agreement covers essential aspects including service levels, data protection, security measures, and operational procedures, while ensuring compliance with New Zealand's Privacy Act 2020 and related legislation. It defines the responsibilities of both parties, outlines performance metrics, establishes fee structures, and includes provisions for service maintenance, support, and termination conditions.

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What is a Hosting Agreement?

The Hosting Agreement is a critical legal document used when a business requires professional hosting services for their digital assets, applications, or data. This agreement, governed by New Zealand law, establishes the framework for the hosting relationship, detailing service specifications, performance standards, and compliance requirements. It is particularly important in the context of New Zealand's robust data protection regime under the Privacy Act 2020 and related digital commerce legislation. The document typically includes comprehensive terms covering technical specifications, service levels, security measures, data protection protocols, and commercial terms. It's designed to protect both the hosting provider and the client while ensuring clear accountability and performance standards in the delivery of hosting services.

What sections should be included in a Hosting Agreement?

1. Parties: Identification of the hosting service provider and the client, including full legal names and registered addresses

2. Background: Context of the agreement, brief description of the hosting services to be provided, and the purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation

4. Service Provision: Detailed description of the hosting services, including scope, infrastructure, and service requirements

5. Service Levels: Specified service levels, availability commitments, and performance metrics

6. Security and Data Protection: Security measures, data protection obligations, and compliance requirements

7. Customer Obligations: Client responsibilities, acceptable use policies, and compliance requirements

8. Fees and Payment: Pricing, payment terms, invoicing procedures, and any variable costs

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

10. Intellectual Property: IP rights, ownership of data and systems, and licensing terms

11. Confidentiality: Protection of confidential information and trade secrets

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

13. Force Majeure: Events beyond reasonable control and their impact on service obligations

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

What sections are optional to include in a Hosting Agreement?

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

2. Migration Services: Terms for data migration services, needed when initial setup includes migration from another provider

3. Professional Services: Additional professional services terms, used when the provider offers consulting or implementation services

4. Change Management: Procedures for managing changes to services or infrastructure, important for complex hosting arrangements

5. Third-Party Services: Terms relating to third-party software or services, needed when the hosting includes third-party elements

6. Multi-Tenant Provisions: Specific terms for shared infrastructure environments, required for cloud hosting services

7. Data Processing Agreement: Detailed data processing terms, required when processing personal data under Privacy Act 2020

What schedules should be included in a Hosting Agreement?

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

2. Schedule 2 - Service Level Agreement: Detailed service levels, measurement methods, and remedies for breach

3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, pricing mechanisms, and payment schedules

4. Schedule 4 - Support Services: Support level descriptions, response times, and escalation procedures

5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements

6. Schedule 6 - Acceptable Use Policy: Detailed rules and restrictions for use of the hosting services

7. Appendix A - Technical Infrastructure: Detailed description of hardware, software, and network infrastructure

8. Appendix B - Contact Details: Key contacts for both parties, including technical and administrative contacts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Document Type

Service Agreement

Cost

Free to use

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