Hosted Services Agreement Template for Austria

The Hosted Services Agreement is designed for situations where a service provider offers hosted solutions, such as cloud services, software as a service, or platform services, to customers in or from Austria. This agreement is essential when businesses want to establish a clear legal framework for digital service delivery while ensuring compliance with Austrian and EU regulations. It addresses critical aspects including service levels, data protection, security measures, and performance standards. The document is particularly relevant in the context of increasing digitalization and cloud adoption, where businesses need robust legal protection while operating under Austrian jurisdiction. The agreement includes comprehensive provisions for data protection under GDPR, service level commitments, liability allocation, and technical specifications, making it suitable for both domestic and international service arrangements subject to Austrian law.

1. Parties: Identification of the service provider and customer, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the hosted services being provided

3. Definitions: Key terms used throughout the agreement, including technical terms specific to hosted services

4. Services: Detailed description of the hosted services, service levels, and delivery specifications

5. Service Provider Obligations: Core obligations including service provision, maintenance, support, and security measures

6. Customer Obligations: Customer responsibilities, including payment, cooperation, and acceptable use policies

7. Fees and Payment: Pricing structure, payment terms, invoicing, and late payment consequences

8. Data Protection and Security: GDPR compliance, data processing terms, security measures, and breach notification procedures

9. Intellectual Property Rights: Ownership of IP, licensing terms, and restrictions on use

10. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms

11. Term and Termination: Duration, renewal terms, termination rights, and consequences of termination

12. Liability and Indemnification: Limitation of liability, warranty disclaimers, and indemnification obligations

13. Force Majeure: Events excusing performance and related procedures

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