Cloud Hosting Service Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the terms and conditions for cloud hosting services. This agreement addresses key aspects including service delivery, data protection under GDPR, security requirements, service levels, and operational responsibilities. It incorporates Belgian and EU regulatory requirements for cloud services, data protection, and cybersecurity, while defining the responsibilities and obligations of both the cloud service provider and the customer. The agreement includes provisions for service availability, data handling, compliance with Belgian data protection laws, and specific requirements for digital service providers under Belgian legislation.

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What is a Cloud Hosting Service Agreement?

The Cloud Hosting Service Agreement is essential for organizations seeking to formalize their cloud infrastructure arrangements under Belgian law. This document is particularly relevant in today's digital business environment where companies increasingly rely on cloud-based solutions for their operations. The agreement covers critical aspects such as service specifications, data protection obligations under GDPR and Belgian law, security requirements, service level commitments, and liability allocation. It's designed to comply with Belgian and EU regulations governing digital services, data protection, and cybersecurity. This agreement becomes necessary when a business wants to engage a cloud service provider for hosting their applications, data, or infrastructure, ensuring clear definition of responsibilities, performance standards, and compliance requirements.

What sections should be included in a Cloud Hosting Service Agreement?

1. Parties: Identification of the cloud service provider and customer, including registration details required under Belgian law

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

3. Definitions: Defined terms used throughout the agreement, including technical cloud hosting terminology

4. Services: Detailed description of cloud hosting services, including infrastructure specifications and service scope

5. Service Provider Obligations: Core obligations of the provider, including service delivery, maintenance, and support

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

7. Data Protection: GDPR compliance measures, data processing terms, and data security commitments

8. Service Levels: Service level agreements (SLAs), including availability, performance metrics, and remedies

9. Security: Security measures, protocols, and compliance with relevant cybersecurity standards

10. Intellectual Property: IP rights allocation and licensing terms

11. Confidentiality: Protection of confidential information and trade secrets

12. Fees and Payment: Pricing, payment terms, and billing procedures

13. Term and Termination: Duration, renewal, termination rights, and exit procedures

14. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

15. Force Majeure: Events excusing performance and related procedures

16. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and notices

What sections are optional to include in a Cloud Hosting Service Agreement?

1. Professional Services: Additional implementation, configuration, or consulting services, include when provider offers professional services beyond basic hosting

2. Disaster Recovery: Specific disaster recovery and business continuity procedures, include for enterprise-level agreements

3. Multi-tenant Provisions: Specific terms for shared infrastructure environments, include when offering shared hosting services

4. Insurance: Specific insurance requirements, include for high-value or high-risk deployments

5. Audit Rights: Customer audit and inspection rights, include for regulated industries or when handling sensitive data

6. Service Credits: Financial compensation scheme for service level failures, include when offering premium service levels

7. Change Control: Formal process for changes to services or agreement terms, include for complex enterprise agreements

What schedules should be included in a Cloud Hosting Service Agreement?

1. Service Description: Detailed technical specifications of the cloud hosting services

2. Service Level Agreement: Detailed SLA metrics, measurement methods, and remedies

3. Pricing Schedule: Detailed pricing, including resource usage rates and additional services

4. Security Policy: Detailed security requirements, protocols, and compliance standards

5. Data Processing Agreement: GDPR-compliant data processing terms and details

6. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services

7. Support Services: Support level descriptions, response times, and escalation procedures

8. Exit Plan: Detailed procedures for service termination and data migration

Authors

Alex Denne

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

Jurisdiction

Belgium

Publisher

Genie AI

Cost

Free to use

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