The Hosting Agreement serves as a critical legal framework for organizations requiring professional hosting services in Malaysia. This document is essential when a business needs to engage a service provider for web hosting, cloud services, or data center facilities. The agreement comprehensively covers service specifications, performance standards, data protection requirements (particularly under Malaysian PDPA 2010), security protocols, and operational procedures. It ensures compliance with Malaysian regulations including the Communications and Multimedia Act 1998 and Electronic Commerce Act 2006. The Hosting Agreement is particularly important in the current digital economy where businesses increasingly rely on third-party infrastructure and hosting services for their operations. It provides necessary legal protections and clear operational guidelines for both service providers and customers, while addressing specific requirements of Malaysian law regarding data protection, electronic transactions, and cybersecurity.
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1. Parties: Identification of the Host Provider and the Customer, including full legal names and registration details
2. Background: Context of the agreement and brief description of the hosting services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Detailed description of the hosting services, including scope and limitations
5. Service Levels: Performance standards, availability commitments, and response times
6. Customer Obligations: Requirements and responsibilities of the customer
7. Provider Obligations: Requirements and responsibilities of the hosting provider
8. Data Protection and Security: Obligations regarding data security, privacy, and compliance with PDPA 2010
9. Intellectual Property: IP rights and licenses related to the hosting services
10. Fees and Payment: Pricing, payment terms, and billing procedures
11. Term and Termination: Duration of agreement, renewal terms, and termination provisions
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Confidentiality: Protection of confidential information
14. Force Majeure: Provisions for unforeseen circumstances
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Migration Services: Include when the provider will assist with migration of data/services from previous providers
2. Disaster Recovery: Include when specific disaster recovery services are part of the offering
3. Professional Services: Include when additional professional services are provided beyond basic hosting
4. Multi-jurisdiction Operations: Include when services are provided across multiple jurisdictions
5. Third-Party Services Integration: Include when the hosting service integrates with third-party services
6. Hardware Provisions: Include when specific hardware is provided as part of the hosting service
1. Schedule 1 - Service Description: Detailed technical specifications of the hosting services
2. Schedule 2 - Service Level Agreement: Detailed SLA metrics, measurement methods, and remedies
3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, payment terms, and additional charges
4. Schedule 4 - Technical Support Services: Support levels, procedures, and contact information
5. Schedule 5 - Security Requirements: Detailed security protocols and compliance requirements
6. Schedule 6 - Acceptable Use Policy: Rules and restrictions for use of the hosting services
7. Appendix A - Data Processing Agreement: Specific terms for personal data processing under PDPA 2010
8. Appendix B - Service Locations: List of data centers and service delivery locations
Relevant legal definitions
Acceptable Use Policy
Agreement
Authorized Users
Bandwidth
Business Day
Confidential Information
Customer Data
Data Center
Data Protection Laws
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Hosting Services
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Service Credits
Service Level Agreement
Service Provider
Service Specifications
Support Services
System Resources
Term
Third Party Software
Uptime
User Authentication
Agreement
Authorized Users
Bandwidth
Business Day
Confidential Information
Customer Data
Data Center
Data Protection Laws
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Hosting Services
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Service Credits
Service Level Agreement
Service Provider
Service Specifications
Support Services
System Resources
Term
Third Party Software
Uptime
User Authentication
Clauses
Definitions
Services Scope
Service Levels
Data Protection
Security
Confidentiality
Intellectual Property
Payment
Performance
Service Credits
Technical Support
Maintenance
Data Backup
Disaster Recovery
Access Rights
Customer Obligations
Provider Obligations
Warranties
Liability
Indemnification
Insurance
Term
Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Compliance with Laws
Audit Rights
Services Scope
Service Levels
Data Protection
Security
Confidentiality
Intellectual Property
Payment
Performance
Service Credits
Technical Support
Maintenance
Data Backup
Disaster Recovery
Access Rights
Customer Obligations
Provider Obligations
Warranties
Liability
Indemnification
Insurance
Term
Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Compliance with Laws
Audit Rights
Relevant Industries
Information Technology
E-commerce
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Media and Entertainment
Telecommunications
Government and Public Sector
Digital Services
Relevant Teams
Legal
Information Technology
Operations
Procurement
Compliance
Information Security
Risk Management
Infrastructure
Technical Operations
Digital Services
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Operations Director
Technical Operations Manager
Compliance Officer
Data Protection Officer
Infrastructure Manager
Digital Services Manager
Contract Manager
Risk Manager
Chief Information Officer
Systems Administrator
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