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HR Hosting Support Agreement

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HR HOSTING SUPPORT AGREEMENT

This HR Hosting Support Agreement (the Agreement) is entered into between Client Name: and Service Provider Name: effective as of Effective Date: .

Recitals

Whereas Client requires hosting, secure storage, and technical support for its human resources information systems and related data; and Whereas Provider represents that it has the experience, technical personnel, and infrastructure to provide hosting and support services described herein; Now, therefore, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Services

Provider shall host Client's HR application and associated data, provide technical support, routine maintenance, backups, and agreed service-level support during the Term. The specific services to be provided are described in the Service Specification attached as Exhibit A and summarized below.

Service Levels and Response Times

Provider shall meet the following minimum service levels: critical incident response within four (4) hours, high-priority response within eight (8) business hours, and routine requests within two (2) business days. Resolution times will vary by incident severity as detailed in the Service Specification. Service credits for failure to meet service levels will be Provider's sole financial liability for such failures.

Access, Security, and Data Protection

Provider shall implement administrative, technical, and physical safeguards reasonably designed to protect Confidential Data consistent with industry standards. Provider will maintain encrypted backups, role-based access, multi-factor authentication for privileged access, and perform regular vulnerability assessments. Provider will notify Client without undue delay upon discovery of any unauthorized access or security breach affecting Client Data.

Confidentiality and HR Data

All employee records, payroll information, performance reviews, applicant data, health information, and other HR-related data stored or processed by Provider (Confidential Data) shall be treated as confidential. Provider shall not access Confidential Data except to perform services or as required by law and shall ensure its personnel are bound by confidentiality obligations at least as protective as those in this Agreement.

Fees, Invoicing, and Payment

Client shall pay Provider the Fees set forth below. Fees are exclusive of taxes and payable within thirty (30) days of invoice unless otherwise agreed in writing. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

Term and Termination

The initial Term shall commence on the Effective Date and continue for Term Length (months): , unless earlier terminated pursuant to this Agreement. Either party may terminate for material breach if such breach remains uncured for thirty (30) days after written notice. Upon termination Provider will return or securely destroy Client Data as instructed by Client.

Warranties; Disclaimers; Limitation of Liability

Provider warrants that services will be performed in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES. THE AGGREGATE LIABILITY OF PROVIDER SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT TO PROVIDER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

Each party shall indemnify, defend and hold harmless the other party from third-party claims arising from its gross negligence or willful misconduct. Provider shall also indemnify Client for claims alleging that Provider's delivered software or services infringe a third party's intellectual property, provided Client promptly notifies Provider and cooperates in the defense.

Change Control and Additional Services

Changes to the scope or additional services will be documented in a written change order signed by authorized representatives and may affect fees and delivery schedules. Provider shall not commence change work without a signed change order.

Subcontracting and Personnel

Provider may engage subcontractors to perform parts of the services provided Provider remains responsible for compliance with this Agreement. Provider shall ensure that staff assigned to Client are appropriately qualified and subject to confidentiality obligations.

Notices; Governing Law; Miscellaneous

Notices shall be delivered to addresses specified below. This Agreement shall be governed by the laws of the jurisdiction specified by Client's principal place of business. This Agreement constitutes the entire agreement and may be amended only in writing signed by both parties. If any provision is held unenforceable, the remaining provisions remain in effect.

Designated HR Contact / Assigned Staff Information

The following information identifies the primary Client contact and the primary Provider personnel assigned to support the HR application.

Personal Information (Assigned Staff)

Position Information (Assigned Staff)

Start Date:   Salary / Rate:

Employment History

Please provide at least two most recent employers.

Education

References

Provide three professional references.

Legal Disclosures

At-Will Employment Statement: If applicable to any staff assigned to Client, employment is at-will and may be terminated by either party at any time, with or without cause, subject to any statutory protections.

Equal Opportunity Statement: Provider and Client are equal opportunity organizations. No person shall be discriminated against with respect to hiring, assignment, compensation, or other terms and conditions of employment and engagement on the basis of protected characteristics.

Applicant Certification and Background Authorization (for assigned staff)

I certify that the information provided in this Agreement and accompanying attachments is true and complete to the best of my knowledge. I understand that falsification may be grounds for termination of any engagement. I authorize Client and Provider to contact prior employers and references and to obtain background checks and verification of credentials as necessary for placement in a role involving HR data access.

Date Signed:

Acknowledgements

Both parties acknowledge that Provider may need temporary access to Client systems and authorizations must be provided in writing. Client is responsible for provisioning appropriate accounts and role-based permissions for Provider personnel whose duties require access to HR systems.

Client - Printed Name:

By (Signature):

Date:

Provider - Printed Name:

By (Signature):

Date:

Enter text✕

What an HR Hosting Support Agreement Covers

An HR Hosting Support Agreement is a contract between an employer (or HR service buyer) and a hosting/support provider that specifies delivery of HR information systems, maintenance, and technical support. It defines the hosted environment, uptime expectations, incident response and escalation paths, data ownership, backup and retention policies, security controls, and change management. The agreement also addresses regulatory responsibilities for protected data, third‑party integrations, and obligations for software updates and patching. Many such agreements are executed electronically where ESIGN and UETA apply.

Why organizations use this agreement

A clear HR Hosting Support Agreement allocates operational responsibilities, reduces downtime risk, defines service levels and remedies, and documents data security and compliance obligations. It helps auditors verify controls, supports vendor risk management, and clarifies costs and termination rights to avoid downstream disputes.

Why organizations use this agreement

Who prepares and signs this agreement

Typical stakeholders who complete or review an HR Hosting Support Agreement include HR leadership, IT or security teams, procurement, and legal counsel responsible for vendor contracts.

  • HR leaders and HRIS managers — define required functionality, access rules, and business continuity needs.
  • IT/security and compliance teams — validate encryption, authentication, backups, and regulatory controls.
  • Procurement and legal — negotiate pricing, SLAs, indemnities, and termination and exit terms.

In practice the final signature set usually includes an authorized representative from the client and an officer or authorized signatory from the hosting vendor.

Step-by-step: completing the agreement

Follow these sequential steps to prepare, negotiate, and execute an HR Hosting Support Agreement with clear obligations and signatures.

  • 01
    Prepare: Gather vendor statements of work, security documentation, and the client’s access requirements.
  • 02
    Define SLAs: Specify uptime, response times, escalation, remedies, and measurement methods.
  • 03
    Agree security: Document encryption, authentication, backups, breach notification, and any required BAAs.
  • 04
    Execute: Obtain authorized signatures, record the executed version, and distribute copies to stakeholders.

How to configure an electronic signing workflow

Set up a clear workflow so the right people review, approve, and sign in the correct order while preserving an audit trail.

Field Configuration
Authentication Use email plus optional SMS code or stronger MFA for vendor signers.
Signing Order Define sequential or parallel flows depending on negotiation steps.
Reminders Enable automated reminders and expiration for outstanding signatures.
Recordkeeping Capture and store certificate of completion and audit trail.

Technical and integration considerations

Confirm supported document formats, integration endpoints, and authentication methods before placing fields and routing in an eSigning platform.

  • Formats: PDF, DOCX, and HTML supported.
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace, and Box are common targets.
  • Authentication: Email, SMS code, SSO, and optional KBA available.

Ensure the chosen platform can export signed files, preserve an immutable audit trail, and support any compliance addenda (for example a HIPAA BAA) required by your organization.

Typical electronic execution flow

The electronic execution flow below is a common pattern for HR Hosting Support Agreements and similar vendor contracts.

  • Upload: Upload final contract and append exhibits or SOWs.
  • Place fields: Add signature, initial, date, and custom fields where required.
  • Send: Send to signers in the agreed order with authentication enabled.
  • Archive: Store signed PDF and audit log in a secure repository.

Essential clauses every agreement should include

Include these six core sections to make responsibilities, performance, and protections explicit for both parties.

Scope of Services

Define hosted modules, user counts, integration points, and any excluded services. Attach a detailed SOW or exhibit listing deliverables, acceptance criteria, and any phased onboarding milestones.

Service Levels

Specify uptime percentage, incident response and resolution windows, scheduled maintenance windows, reporting cadence, and credits or termination rights for repeated SLA failures.

Security & Compliance

List technical safeguards (encryption in transit and at rest, MFA, logging, vulnerability management), compliance obligations (e.g., HIPAA), and audit rights for the client.

Data Ownership

Declare client ownership of employee data, permitted processing uses by the provider, export and deletion procedures upon termination, and data portability expectations.

Support & Escalation

Describe helpdesk hours, priority definitions, escalation contact points, and any on‑site or premium support fees, including change management processes for upgrades.

Termination & Exit

Define termination for convenience and for cause, notice periods, transition assistance, data return or destruction procedures, and associated fees for data export or migration.

Security and compliance facts to document

Encryption: TLS 1.2/1.3 in transit
Data at rest: AES-256 encrypted storage
Certifications: SOC 2 Type II available
HIPAA: BAA required for PHI
21 CFR Part 11: Compliant options available
Audit Trail: Immutable timestamps and logs

Primary risks and contractual penalties

Data breach liability: Contractually assigned responsibility
SLA breach: Service credits or termination rights
Regulatory fines: HIPAA or state privacy penalties
Business interruption: Lost productivity and reputational harm
Intellectual property: Improper IP ownership clauses
Incorrect payroll: Potential tax and penalty exposure

Common mistakes to avoid

  • Vague service descriptions that omit specific modules, user counts, or integration endpoints lead to scope disputes and unplanned fees during onboarding.
  • Missing or unclear data ownership and export clauses delay migration and can trap employee records when a contract ends or a vendor is replaced.
  • Unspecified SLA measurement windows and remedy mechanisms make it difficult to claim service credits or to terminate for repeated poor performance.
  • Failing to require audit rights, penetration test results, or a signed BAA where PHI is involved increases regulatory and operational risk.

eSignature vendor comparison for executing the agreement

Below is a concise pricing and capability comparison for common eSignature vendors; signNow is listed first per vendor ordering conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions

Answers to common legal and operational questions about executing and managing an HR Hosting Support Agreement.


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