The Hosted Services Agreement is essential for organizations engaging in cloud-based or hosted software service arrangements under Dutch jurisdiction. This agreement type is particularly relevant in today's digital business environment where companies increasingly rely on external providers for critical IT infrastructure and services. The document addresses key aspects required under Dutch law and EU regulations, including GDPR compliance, service level commitments, data security, and privacy requirements. It's designed to protect both service providers and customers while ensuring clear allocation of responsibilities and risks. The agreement is structured to accommodate various hosted service models (SaaS, PaaS, IaaS) while maintaining compliance with Dutch civil code requirements and relevant EU directives. It's particularly crucial for businesses operating in or expanding into the Netherlands, requiring careful consideration of local legal requirements and business practices.
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1. Parties: Identification of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and brief description of the hosted services to be provided
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Service Provision: Core obligations regarding the provision of hosted services, including service scope and access rights
5. Service Levels: Performance standards, availability requirements, and remedies for failure to meet service levels
6. Customer Obligations: Customer responsibilities, acceptable use policies, and cooperation requirements
7. Charges and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection and Security: GDPR compliance, data processing terms, and security requirements
9. Intellectual Property Rights: Ownership and licensing of IP in the services and customer data
10. Confidentiality: Protection of confidential information exchanged between parties
11. Liability and Indemnities: Limitation of liability, exclusions, and indemnification obligations
12. Term and Termination: Contract duration, renewal terms, and termination rights
13. Exit and Migration: Obligations upon termination including data return and migration assistance
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Regulatory Compliance: Additional compliance requirements for regulated industries (e.g., financial services, healthcare)
2. Disaster Recovery: Detailed disaster recovery and business continuity requirements for business-critical services
3. Change Management: Procedures for implementing changes to the services or documentation
4. Audit Rights: Customer rights to audit service provider's compliance and security measures
5. Insurance: Specific insurance requirements beyond standard coverage
6. Sub-processors: Terms governing the appointment and management of sub-processors when relevant
7. Professional Services: Additional terms for implementation, customization, or consulting services
8. Service Credits: Detailed service credit regime for service level failures
9. Multi-tenant Provisions: Specific terms for multi-tenant hosted environments
1. Service Description: Detailed technical description of the hosted services
2. Service Levels and Service Credits: Detailed service level metrics, measurement, and associated service credits
3. Charges: Detailed pricing, payment terms, and calculation methods
4. Security Requirements: Detailed security specifications and requirements
5. Data Processing Agreement: GDPR-compliant data processing terms and details
6. Technical Requirements: Customer system requirements and technical specifications
7. Support Services: Description of support services, including response times and escalation procedures
8. Business Continuity and Disaster Recovery: Detailed BC/DR procedures and requirements
9. Exit Plan: Detailed procedures for service termination and transition
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