The Online Service Agreement serves as the primary contractual framework for companies providing digital services to users in Germany. It is essential for any business offering online platforms, software-as-a-service, digital content, or other internet-based services to German customers. This agreement must comply with stringent German and EU regulations, including the Telemedia Act (TMG), Civil Code (BGB), and GDPR/DSGVO. The document addresses crucial aspects such as service scope, data protection, user rights and obligations, technical requirements, and liability limitations. It is particularly important in the context of Germany's robust consumer protection framework and digital service regulations, requiring careful attention to transparency, fairness, and data privacy requirements.
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1. Parties: Identification of the service provider and customer, including full legal names, addresses, and registration details
2. Background: Brief context of the agreement and purpose of the online service
3. Definitions: Key terms used throughout the agreement, including technical terms and service-specific vocabulary
4. Service Description: Detailed description of the online services provided, including scope, features, and functionality
5. Registration and Account: Process and requirements for account creation and maintenance
6. Service Level Agreement: Performance standards, availability commitments, and technical specifications
7. User Obligations: Customer responsibilities, acceptable use policy, and account security requirements
8. Data Protection and Privacy: GDPR-compliant provisions regarding data processing, privacy policies, and data security measures
9. Intellectual Property Rights: Ownership and usage rights of content, software, and other IP
10. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods
11. Term and Termination: Contract duration, renewal terms, and termination conditions
12. Limitation of Liability: Liability limitations and exclusions in compliance with German law
13. Confidentiality: Protection of confidential information exchanged during service provision
14. Force Majeure: Circumstances excusing performance of obligations
15. Final Provisions: Governing law, jurisdiction, severability, and entire agreement clauses
1. Trial Period: Terms for free trial periods if offered - include when service provides trial access
2. Service Level Credits: Compensation mechanism for service level failures - include for enterprise or premium services
3. Professional Services: Terms for additional implementation or consulting services - include if offering supplementary services
4. Third-Party Integrations: Terms regarding integration with other services - include if service connects with third-party platforms
5. Reseller Provisions: Terms for reselling or white-labeling - include if allowing service resale
6. Insurance Requirements: Insurance obligations - include for high-risk or regulated services
7. Export Control: Export compliance terms - include if service may be subject to export regulations
8. Emergency Maintenance: Procedures for emergency service interventions - include for critical services
1. Service Specification: Detailed technical specifications and service features
2. Service Level Agreement Details: Detailed performance metrics, measurement methods, and reporting procedures
3. Fee Schedule: Detailed pricing structure, including all possible charges and payment terms
4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures
5. Acceptable Use Policy: Detailed rules and restrictions for service usage
6. Security Requirements: Technical and organizational security requirements and procedures
7. Support Services Description: Details of support services, including response times and escalation procedures
8. Emergency Contact Information: List of emergency contacts and escalation procedures
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