The Hosting Agreement is a critical legal document used when a business or organization needs to engage a provider for hosting services in Switzerland. This agreement is essential for establishing a clear framework for the delivery of hosting services, whether for website hosting, application hosting, infrastructure hosting, or cloud services. The document addresses specific Swiss legal requirements, particularly the Federal Data Protection Act and telecommunications regulations. A well-structured Hosting Agreement should cover technical specifications, service levels, data protection measures, security requirements, and operational procedures while ensuring compliance with Swiss law. It's particularly important for businesses operating in regulated industries or handling sensitive data, as it provides legal protection and clear operational guidelines for both parties.

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

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

3. Definitions: Definitions of technical terms, service-related terminology, and other key concepts used in the agreement

4. Services: Detailed description of the hosting services, including scope, specifications, and service requirements

5. Service Levels: Specific performance metrics, availability commitments, and response times

6. Customer Obligations: Customer responsibilities, including content restrictions, acceptable use policies, and cooperation requirements

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

8. Data Protection and Privacy: Compliance with Swiss data protection laws, data handling procedures, and privacy safeguards

9. Security Requirements: Security measures, protocols, and responsibilities of both parties

10. Intellectual Property: IP rights ownership, licenses, and usage rights for hosted content and systems

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitations of liability, indemnification obligations, and risk allocation

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

14. Force Majeure: Events excusing performance and related procedures

15. Governing Law and Jurisdiction: Swiss law application and jurisdiction for dispute resolution