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Cloud Service Agreement

Cloud Service Agreement Template for Austria

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Key Requirements PROMPT example:

Cloud Service Agreement

"I need a Cloud Service Agreement for our company's new SaaS platform launching in March 2025, which will process healthcare data for Austrian medical practices - it needs to be GDPR-compliant and include strict data protection measures and security requirements."

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Document background
A Cloud Service Agreement is essential for organizations seeking to establish a legally compliant framework for cloud service provision under Austrian law. This document is typically used when a service provider offers cloud-based solutions to customers in Austria or when Austrian law is chosen as the governing law. The agreement must comply with multiple regulatory requirements, including the Austrian Civil Code (ABGB), Data Protection Act (DSG), E-Commerce Act (ECG), and EU regulations such as GDPR. It covers critical aspects such as service specifications, data processing terms, security measures, service levels, and liability provisions. The document is particularly important given Austria's strict data protection requirements and the need to address specific local legal requirements while aligning with EU-wide regulations.
Suggested Sections

1. Parties: Identification of the contracting parties - the cloud service provider and the customer

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Service Description: Detailed description of the cloud services, including scope, functionality, and access methods

5. Service Levels: Performance standards, availability commitments, and remedies for failure to meet service levels

6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements

7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

8. Data Protection and Security: GDPR compliance, data processing terms, security measures, and data handling obligations

9. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of the service and related materials

10. Confidentiality: Protection of confidential information, permitted uses, and disclosure obligations

11. Liability and Indemnification: Limitation of liability, exclusions, and indemnification obligations

12. Term and Termination: Contract duration, renewal terms, termination rights, and consequences of termination

13. Force Majeure: Events excusing performance and related procedures

14. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Insurance: Insurance requirements - include when dealing with enterprise customers or high-risk services

2. Audit Rights: Customer audit provisions - include for enterprise customers or regulated industries

3. Business Continuity: Disaster recovery and business continuity requirements - include for business-critical services

4. Professional Services: Terms for additional implementation or consulting services - include if offering professional services

5. Service Credits: Financial compensation scheme for service level failures - include for enterprise services

6. Third-Party Services: Terms relating to third-party integrations - include if the service incorporates third-party components

7. Compliance with Industry Standards: Specific industry compliance requirements - include for regulated industries

Suggested Schedules

1. Service Level Agreement (SLA): Detailed service levels, measurement methods, and remedies

2. Data Processing Agreement: Detailed GDPR-compliant data processing terms and technical/organizational measures

3. Technical Specifications: Detailed technical specifications of the cloud service

4. Support Services: Description of support levels, response times, and escalation procedures

5. Security Requirements: Detailed security requirements and procedures

6. Pricing Schedule: Detailed pricing, including different service tiers and additional services

7. Acceptable Use Policy: Detailed rules for acceptable use of the service

8. Service Implementation Plan: Timeline and responsibilities for service implementation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptable Use Policy
Account
Affiliate
Agreement
API
Authorized User
Background IP
Business Day
Business Hours
Confidential Information
Cloud Services
Customer
Customer Data
Customer Personal Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Good Industry Practice
Intellectual Property Rights
Initial Term
Implementation Services
Maintenance Window
Malicious Code
Modifications
Normal Business Hours
Personal Data
Platform
Processing
Professional Services
Provider
Renewal Term
Service Credits
Service Level Agreement
Service Levels
Services
Scheduled Maintenance
Security Breach
Security Requirements
Service Environment
Service Hours
Software
Subscription
Support Services
System Requirements
Technical Specifications
Term
Third-Party Services
Updates
Upgrades
User
Virus
Vulnerability
Clauses
Service Provision
Service Levels
Data Protection
Data Processing
Security Requirements
Access Rights
Acceptable Use
Payment Terms
Pricing
Service Credits
Technical Requirements
Implementation
Support Services
Customer Obligations
Provider Obligations
Intellectual Property
Confidentiality
Liability
Indemnification
Force Majeure
Term and Duration
Termination
Exit Management
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Subcontracting
Audit Rights
Compliance
Business Continuity
Disaster Recovery
Service Availability
Maintenance
Updates and Upgrades
Change Management
Notice Requirements
Insurance
Warranties
Service Migration
Data Backup
Data Recovery
Third-Party Services
Performance Monitoring
Reporting
Documentation
Training
Amendment
Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

Media and Entertainment

Insurance

E-commerce

Logistics

Real Estate

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Data Protection

Operations

Risk Management

Vendor Management

Technical Operations

Service Delivery

Contract Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

Chief Legal Officer

Data Protection Officer

IT Director

Procurement Manager

Contract Manager

Information Security Manager

Cloud Services Manager

Legal Counsel

Compliance Officer

IT Security Officer

Technical Account Manager

Service Delivery Manager

Risk Manager

Privacy Officer

Operations Director

Industries
EU General Data Protection Regulation (GDPR): Fundamental regulation for personal data processing in the EU, including requirements for data processing agreements, international data transfers, and data security measures
Austrian Data Protection Act (DSG): National implementation of data protection requirements, complementing GDPR and providing specific Austrian requirements
Austrian Civil Code (ABGB): Provides the fundamental framework for contract law, including formation, validity, and general contractual obligations
Austrian Consumer Protection Act (KSchG): Regulates B2C relationships, including mandatory consumer rights and restrictions on unfair contract terms
E-Commerce Act (ECG): Governs electronic business transactions and digital service provision, including information obligations and liability provisions
Austrian Telecommunications Act (TKG): Relevant for cloud services that involve telecommunications aspects, including data security and service reliability requirements
Network and Information Systems Security Act (NISG): Implements EU NIS Directive, establishing security requirements for digital service providers including cloud services
EU Free Flow of Non-Personal Data Regulation: Ensures free movement of non-personal data across EU member states, relevant for data localization and processing
Distance and Off-Premises Contracts Act (FAGG): Applies to contracts concluded at a distance, including online service agreements, providing specific information requirements and withdrawal rights
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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