This Hosting Contract template is designed for use under Belgian law when establishing a formal agreement for the provision of hosting services. It is particularly relevant for businesses seeking to outsource their hosting infrastructure or provide hosting services in Belgium, incorporating essential elements required by Belgian and EU legislation. The contract addresses critical aspects such as service levels, data protection, security measures, and liability limitations, while ensuring compliance with the Belgian Civil Code, GDPR, and the Belgian Code of Economic Law. This template is suitable for various hosting arrangements, from basic web hosting to complex cloud infrastructure services, and can be customized based on the specific needs of the parties involved. The document includes comprehensive provisions for data handling, security protocols, and service level commitments, making it suitable for both business-to-business and business-to-consumer relationships in the Belgian market.
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1. Parties: Identification and details of the hosting provider and the customer
2. Background: Context of the agreement and brief description of the hosting services to be provided
3. Definitions: Definitions of technical and legal terms used throughout the agreement
4. Services: Detailed description of the hosting services, including technical specifications and service scope
5. Service Provider Obligations: Key responsibilities and commitments of the hosting provider
6. Customer Obligations: Key responsibilities and commitments of the customer
7. Service Levels: Performance standards, availability commitments, and response times
8. Data Protection and Security: GDPR compliance measures and security requirements
9. Intellectual Property Rights: Ownership and usage rights of software, data, and other materials
10. Fees and Payment: Pricing, payment terms, and billing procedures
11. Term and Termination: Duration of the agreement and termination provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances and force majeure events
15. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Migration Services: Terms for data migration services, used when the customer requires assistance in moving data to or from the hosting environment
2. Professional Services: Additional technical or consulting services beyond basic hosting, included when the provider offers supplementary services
3. Disaster Recovery: Specific disaster recovery procedures and requirements, included for critical systems or when required by the customer
4. Third-Party Services: Terms relating to third-party software or services, included when the hosting involves third-party elements
5. Hardware Provisions: Terms for dedicated hardware or equipment, included when physical infrastructure is part of the service
6. Multi-tenant Provisions: Specific terms for shared infrastructure environments, included for multi-tenant hosting solutions
7. Regulatory Compliance: Industry-specific compliance requirements, included when the customer operates in regulated sectors
1. Schedule 1 - Service Description: Detailed technical specifications of the hosting services
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies for failure to meet SLAs
3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, payment terms, and rate card
4. Schedule 4 - Support Services: Description of support levels, procedures, and contact information
5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and procedures
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
7. Schedule 7 - Exit Plan: Procedures and requirements for service termination and data transfer
8. Appendix A - Technical Infrastructure: Details of the technical infrastructure and architecture
9. Appendix B - Authorized Personnel: List of key personnel and their roles/responsibilities
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
E-commerce
Financial Services
Healthcare
Education
Government
Manufacturing
Retail
Professional Services
Media and Entertainment
Telecommunications
Insurance
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Operations
Infrastructure
Service Delivery
Data Protection
Technical Operations
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Officer
Data Protection Officer
Operations Manager
Technical Project Manager
Compliance Officer
Risk Manager
Infrastructure Manager
Service Delivery Manager
Contract Manager
Chief Information Officer
Cloud Services Manager
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