This Hosting Service Level Agreement (SLA) is designed for use in Belgium and compliance with EU regulations, serving as the primary contract between hosting service providers and their clients. The document is essential when establishing professional hosting services, whether for website hosting, application hosting, infrastructure services, or cloud solutions. It incorporates critical elements required under Belgian law and EU regulations, including GDPR compliance, consumer protection requirements, and telecommunications regulations. The agreement is structured to provide clear service level commitments, performance metrics, support obligations, and remedy mechanisms, making it suitable for both business-to-business and business-to-consumer relationships in the Belgian market. This document should be used whenever a hosting provider begins a new service relationship with a client, ensuring all technical, operational, and legal aspects of the service are properly documented and agreed upon.
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1. Parties: Identification of the hosting service provider and the client, including registered addresses and company details
2. Background: Context of the agreement and brief description of the hosting services to be provided
3. Definitions: Definitions of technical terms, service metrics, and other key terms used throughout the agreement
4. Service Description: Detailed description of the hosting services, including infrastructure specifications and service scope
5. Service Levels: Specific performance metrics, availability commitments, and measurement methodologies
6. Support Services: Description of technical support, maintenance, and incident response procedures
7. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements
8. Customer Obligations: Client responsibilities, acceptable use policies, and cooperation requirements
9. Fees and Payment: Pricing, payment terms, and billing procedures
10. Service Credits: Compensation mechanism for service level failures
11. Limitation of Liability: Liability caps, exclusions, and risk allocation between parties
12. Term and Termination: Contract duration, renewal terms, and termination rights
13. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise-level services
2. Professional Services: Additional consulting or implementation services, if offered beyond standard hosting
3. Migration Services: Terms for data migration services, if offered as part of the hosting solution
4. Hardware Provisions: Terms related to dedicated hardware, if physical infrastructure is part of the service
5. Multi-tenant Provisions: Specific terms for shared infrastructure environments, if applicable
6. Regulatory Compliance: Industry-specific compliance requirements, needed for regulated sectors like healthcare or finance
1. Schedule 1 - Service Level Specifications: Detailed technical specifications, performance metrics, and measurement methodologies
2. Schedule 2 - Support Services Description: Detailed support procedures, response times, and escalation processes
3. Schedule 3 - Security Requirements: Detailed security protocols, standards, and compliance requirements
4. Schedule 4 - Fee Schedule: Detailed pricing structure, including variable costs and additional services
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Schedule 6 - Acceptable Use Policy: Detailed rules and restrictions for use of the hosting services
7. Schedule 7 - Service Credit Calculations: Detailed methodology for calculating service credits for SLA breaches
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