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Hosted Services Agreement

Hosted Services Agreement Template for Philippines

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Key Requirements PROMPT example:

Hosted Services Agreement

"I need a Hosted Services Agreement for my SaaS company based in Manila that will provide cloud-based accounting software to small businesses in the Philippines, with special attention to data privacy compliance and clear service level commitments."

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Document background
The Hosted Services Agreement is essential for businesses providing or procuring cloud-based software and technology services in the Philippines. This agreement is particularly relevant in the context of increasing digital transformation and the growing adoption of cloud services across various industries. It addresses critical aspects such as service delivery, data protection, and cybersecurity, while ensuring compliance with Philippine regulations, particularly the Data Privacy Act of 2012 and the E-Commerce Act. The document is designed to protect both service providers and customers by clearly defining service levels, responsibilities, and risk allocation. It includes provisions for data handling, service availability, support services, and dispute resolution, making it suitable for various hosted service arrangements, from simple software hosting to complex enterprise solutions.
Suggested Sections

1. Parties: Identifies the service provider and customer, including their legal names, registration details, and addresses

2. Background: Explains the context of the agreement, including the provider's business and customer's needs

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of the hosted services to be provided

5. Service Levels: Specifies performance standards, availability commitments, and response times

6. Customer Obligations: Outlines customer responsibilities and acceptable use policies

7. Fees and Payment: Details the pricing structure, payment terms, and invoicing procedures

8. Data Protection and Security: Addresses data privacy, security measures, and compliance with Philippine Data Privacy Act

9. Intellectual Property Rights: Establishes ownership and usage rights of IP involved in the services

10. Confidentiality: Defines confidential information and protection obligations

11. Term and Termination: Specifies contract duration, renewal terms, and termination conditions

12. Limitation of Liability: Sets boundaries on parties' liability and includes any indemnification provisions

13. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Disaster Recovery: Details disaster recovery and business continuity procedures - include when hosting business-critical applications

2. Professional Services: Covers implementation, training, or consulting services - include when additional services are part of the agreement

3. Change Management: Processes for requesting and implementing service changes - include for complex enterprise solutions

4. Audit Rights: Customer's rights to audit provider's security and compliance - include for regulated industries

5. Insurance: Specific insurance requirements - include for high-value or high-risk services

6. Migration Services: Terms for data migration services - include when initial setup involves data transfer

7. Multi-tenant Provisions: Specific terms for shared infrastructure - include for multi-tenant hosted solutions

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications of the hosted services

2. Service Level Agreement (SLA): Comprehensive service levels, metrics, and remedies

3. Pricing Schedule: Detailed pricing, payment terms, and rate cards

4. Data Processing Agreement: Specific terms for personal data processing under Philippine Data Privacy Act

5. Security Requirements: Detailed security protocols, standards, and compliance requirements

6. Support Services Schedule: Details of support levels, procedures, and escalation processes

7. Acceptable Use Policy: Rules and restrictions for use of the hosted services

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 | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Affiliate
Authorized Users
Business Day
Confidential Information
Customer Data
Customer Materials
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Hosted Environment
Hosted Services
Implementation Services
Intellectual Property Rights
Maintenance Window
Personal Data
Professional Services
Prohibited Content
Provider Systems
Security Breach
Service Credits
Service Levels
Service Level Agreement
Service Provider Materials
Scheduled Maintenance
Support Hours
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Credentials
Virus
Clauses
Service Provision
Service Levels
Fees and Payment
Data Protection
Data Security
Intellectual Property
Confidentiality
Customer Obligations
Provider Obligations
Access Rights
Acceptable Use
Support Services
Service Availability
Maintenance
Implementation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Service Credits
Audit Rights
Dispute Resolution
Change Management
Assignment
Subcontracting
Insurance
Notices
Governing Law
Business Continuity
Disaster Recovery
Relevant Industries

Technology

Software as a Service

Cloud Computing

Financial Services

Healthcare

E-commerce

Education

Manufacturing

Professional Services

Telecommunications

Government Services

Business Process Outsourcing

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Operations

Technical Operations

Digital Transformation

Vendor Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

Head of Legal

Legal Counsel

IT Director

Procurement Manager

Information Security Manager

Data Protection Officer

Contract Manager

Cloud Services Manager

IT Operations Manager

Risk Manager

Compliance Officer

Technical Operations Director

Chief Digital Officer

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): Comprehensive data protection law that ensures the security of personal information in information and communications systems. Essential for hosted services that may process personal data.
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic transactions and recognizes the legal validity of electronic documents. Critical for cloud-based services and digital contracts.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and interests, particularly relevant for service quality, warranties, and consumer protection provisions in hosted services.
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Addresses cybersecurity concerns and cybercrime prevention, crucial for ensuring secure hosted services and data protection.
Intellectual Property Code of the Philippines (Republic Act No. 8293): Protects intellectual property rights, important for software licensing and content hosting aspects of the service.
Civil Code of the Philippines (Republic Act No. 386): Provides the basic framework for contracts, obligations, and civil relations in the Philippines.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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