Hosting Agreement Template for Indonesia

The Hosting Agreement serves as the primary contractual framework for businesses seeking to establish or maintain hosted technology infrastructure in Indonesia. This document is essential when engaging hosting service providers for various technical services including web hosting, cloud services, or data center services. The agreement must comply with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions, Government Regulation No. 71 of 2019, and the Personal Data Protection Law. It outlines service specifications, performance standards, security requirements, data protection measures, and commercial terms while ensuring compliance with local electronic system operator regulations. The Hosting Agreement is particularly crucial given Indonesia's strict data localization requirements and the increasing focus on digital infrastructure regulation in the region.

1. Parties: Identification of the hosting service provider and the customer, including their complete legal names, registration numbers, and addresses

2. Background: Context of the agreement, brief description of the hosting services, and the parties' intentions

3. Definitions and Interpretation: Definitions of technical terms, legal terms, and rules for interpreting the agreement

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

5. Service Provider Obligations: Key responsibilities of the hosting provider, including maintenance, security, and compliance obligations

6. Customer Obligations: Customer responsibilities, including payment, acceptable use policies, and compliance with laws

7. Service Levels: Performance standards, availability commitments, and remedies for failure to meet service levels

8. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Indonesian data protection laws

9. Intellectual Property Rights: ownership and licensing of IP, including customer data and hosting platform

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

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

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitations of liability, indemnification obligations, and insurance requirements

14. Force Majeure: Provisions for handling events beyond parties' reasonable control

15. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement