This Cloud Computing Agreement is designed for use when establishing a formal relationship between a cloud service provider and a customer operating under Belgian jurisdiction. The document is particularly relevant in today's digital business environment where organizations increasingly rely on cloud-based solutions for their operations. It incorporates essential elements required under Belgian law and EU regulations, including GDPR compliance, data protection measures, and specific provisions for electronic service delivery. The agreement is structured to address both technical and legal aspects of cloud service provision, covering areas such as service levels, security requirements, data processing terms, and operational responsibilities. It's suitable for various cloud service models (SaaS, PaaS, IaaS) and can be adapted to different scales of cloud service implementation, from small business solutions to enterprise-level deployments.
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1. Parties: Identification of contracting parties including registered offices and company numbers
2. Background: Context of the agreement and brief description of the cloud services being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Detailed description of cloud services, including scope and implementation
5. Service Levels: Performance standards, availability commitments, and response times
6. Data Protection and Security: GDPR compliance, data processing terms, and security measures
7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
8. Provider Obligations: Provider commitments, service delivery standards, and support services
9. Charges and Payment: Pricing, payment terms, and billing procedures
10. Intellectual Property Rights: Ownership and usage rights of software, data, and other IP
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
13. Term and Termination: Contract duration, renewal terms, and termination rights
14. Force Majeure: Events beyond reasonable control and their impact on obligations
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise-level services
2. Migration Services: Terms governing data migration services, relevant when initial setup includes data transfer
3. Professional Services: Additional consulting or implementation services, if provided alongside cloud services
4. Third-Party Services: Terms governing integration with third-party services, if applicable
5. Audit Rights: Customer rights to audit provider's compliance, typically for regulated industries
6. Service Credits: Compensation scheme for service level failures, recommended for enterprise services
7. Multi-tenant Provisions: Specific terms for shared infrastructure environments, if applicable
1. Service Description Schedule: Detailed technical specifications of cloud services
2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
3. Pricing Schedule: Detailed pricing structure, including usage-based charges and volume discounts
4. Security Requirements: Detailed security protocols, standards, and compliance requirements
5. Data Processing Agreement: GDPR-compliant data processing terms and details
6. Support Services Schedule: Support level definitions, procedures, and contact information
7. Acceptable Use Policy: Detailed terms governing customer use of services
8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
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