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1. Parties: Identification and details of the hosting provider and the client
2. Background: Context of the agreement and brief description of the hosting services to be provided
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Services: Detailed description of the hosting services, including scope and specifications
5. Service Levels: Performance standards, availability commitments, and response times
6. Security Requirements: Security measures, protocols, and compliance requirements
7. Data Protection: POPIA compliance measures and data handling procedures
8. Fees and Payment: Pricing structure, payment terms, and billing procedures
9. Term and Termination: Duration of agreement, renewal terms, and termination conditions
10. Intellectual Property: IP rights and ownership of data and systems
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Indemnities: Service warranties and mutual indemnification provisions
13. Limitation of Liability: Scope and limits of liability for both parties
14. Force Majeure: Provisions for unforeseen circumstances and service interruptions
15. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Multi-tenancy Provisions: Required when the hosting environment is shared with other clients, defining resource allocation and security isolation
2. Disaster Recovery: Detailed recovery procedures and commitments, necessary for critical systems
3. Change Management: Procedures for implementing changes to services or infrastructure, important for complex hosting arrangements
4. Exit Management: Detailed procedures for service transition upon termination, crucial for complex hosting services
5. Compliance with Industry Standards: Required for specific industries like financial services or healthcare
6. Sub-processors: Necessary when third-party service providers are involved in service delivery
7. Environmental Standards: Required when environmental compliance is a key consideration
8. Insurance Requirements: Detailed insurance obligations, important for high-value or high-risk hosting services
1. Schedule 1 - Service Description: Detailed technical specifications of the hosting services
2. Schedule 2 - Service Level Agreement: Detailed metrics, measurements, and penalties for service levels
3. Schedule 3 - Security Standards: Comprehensive security requirements and compliance standards
4. Schedule 4 - Pricing and Payment Schedule: Detailed fee structure, payment terms, and additional charges
5. Schedule 5 - Support Services: Description of support levels, response times, and escalation procedures
6. Schedule 6 - Data Processing Agreement: POPIA-compliant data processing terms and procedures
7. Schedule 7 - Acceptable Use Policy: Guidelines and restrictions for use of hosting services
8. Appendix A - Technical Infrastructure: Details of hardware, software, and network specifications
9. Appendix B - Contact Details: Key contacts and escalation matrix for both parties
Agreement
Authorized Users
Backup
Business Day
Business Hours
Change Request
Client Data
Commencement Date
Confidential Information
Data Center
Data Subject
Disaster Recovery Plan
Downtime
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Hosting Infrastructure
Hosting Services
Incident
Initial Term
Intellectual Property Rights
Maintenance Window
Malicious Code
Operator
Personal Information
Processing
Responsible Party
Response Time
Scheduled Maintenance
Security Breach
Service Credits
Service Levels
Service Level Agreement
Services
Software
Special Personal Information
Specifications
Support Services
System
Term
Third Party Provider
Uptime
User Documentation
Virus
Website
Service Levels
Data Protection
Security Requirements
Confidentiality
Fees and Payment
Term and Termination
Service Access
Infrastructure Management
Maintenance and Support
Backup and Recovery
Performance Monitoring
Change Management
Intellectual Property
Warranties
Liability Limitation
Indemnification
Force Majeure
Disaster Recovery
Compliance
Audit Rights
Insurance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notice Requirements
Service Credits
Exit Management
Business Continuity
Environmental Standards
Anti-Corruption
Data Migration
Service Reporting
Acceptable Use
Information Technology
E-commerce
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Media and Entertainment
Telecommunications
Government and Public Sector
Non-profit Organizations
Legal
Information Technology
Information Security
Procurement
Operations
Risk and Compliance
Infrastructure
Service Delivery
Technical Operations
Data Protection
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Data Protection Officer
Operations Manager
Infrastructure Manager
Compliance Officer
Risk Manager
Technical Project Manager
Service Delivery Manager
Chief Information Officer
Contract Manager
IT Security Specialist
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