The Website Management Contract is essential for businesses operating in Germany that require professional website management services. It is specifically designed to comply with German legal requirements, including the Civil Code (BGB), Telemedia Act (TMG), and GDPR/DSGVO. This contract type is typically used when a business engages a professional service provider to handle ongoing website maintenance, updates, security, and performance optimization. It includes crucial provisions for data protection, service levels, technical specifications, and liability limitations that align with German law. The document is particularly relevant for businesses seeking to outsource their website management while ensuring legal compliance and clear service expectations in the German market. It addresses both technical and legal aspects of website operations, making it suitable for various business sizes and sectors operating under German jurisdiction.
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1. Parties: Identification of the service provider and the website owner/client
2. Background: Context of the agreement and brief description of the website and management needs
3. Definitions: Key terms used throughout the agreement including technical terminology
4. Scope of Services: Detailed description of website management services to be provided
5. Service Provider Obligations: Key responsibilities and commitments of the website manager
6. Client Obligations: Responsibilities of the client including providing access and content
7. Service Levels: Performance standards, response times, and availability commitments
8. Data Protection and Security: GDPR compliance measures and security protocols
9. Intellectual Property Rights: Ownership and usage rights of website content and components
10. Fees and Payment Terms: Pricing, payment schedule, and invoicing procedures
11. Term and Termination: Contract duration, renewal terms, and termination conditions
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Confidentiality: Protection of confidential information and trade secrets
14. General Provisions: Standard legal clauses including governing law and dispute resolution
1. Hosting Services: Include when the service provider also provides hosting services
2. E-commerce Management: Include for websites with online shopping functionality
3. Content Management: Include when the service provider is responsible for content creation/management
4. SEO Services: Include when search engine optimization is part of the service scope
5. Third-Party Integration: Include when managing integrations with external services/APIs
6. Training and Support: Include when client staff training is part of the service
7. Disaster Recovery: Include for high-availability websites requiring specific recovery procedures
8. Marketing Services: Include when digital marketing is part of the website management scope
1. Schedule A - Technical Specifications: Detailed technical requirements and website specifications
2. Schedule B - Service Level Agreement: Detailed performance metrics, response times, and penalties
3. Schedule C - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
4. Schedule D - Security Protocol: Specific security measures and compliance requirements
5. Schedule E - Maintenance Schedule: Planned maintenance windows and procedures
6. Appendix 1 - Contact Details: Key personnel and escalation contacts for both parties
7. Appendix 2 - Change Request Form: Template for requesting and documenting changes
8. Appendix 3 - Incident Report Template: Standard format for reporting and tracking incidents
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