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Cloud Computing Agreement

Cloud Computing Agreement Template for Belgium

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Key Requirements PROMPT example:

Cloud Computing Agreement

"I need a Cloud Computing Agreement under Belgian law for providing SaaS-based accounting software to small and medium businesses, with standard data protection clauses and basic service level commitments."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Agreement
Authorized Users
Business Day
Business Hours
Charges
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
GDPR
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Provider
Response Time
Scheduled Maintenance
Security Breach
Service Credits
Service Levels
Services
Software
Specification
Subprocessor
Support Services
System
Term
Third Party Services
Usage Data
User Credentials
Virus
Vulnerability
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment
Performance Standards
Access Rights
User Authentication
Service Availability
Maintenance
Support Services
Acceptable Use
Customer Obligations
Provider Obligations
Compliance
Audit Rights
Liability
Indemnification
Insurance
Force Majeure
Disaster Recovery
Business Continuity
Term and Termination
Exit Management
Data Migration
Subcontracting
Assignment
Change Control
Dispute Resolution
Governing Law
Notice
Entire Agreement
Severability
Third Party Rights
Anti-Corruption
Data Backup
Service Credits
Security Breach Notification
Relevant Industries

Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

E-commerce

Media and Entertainment

Insurance

Logistics

Energy and Utilities

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Data Privacy

Technical Operations

Vendor Management

Solutions Architecture

Infrastructure

Relevant Roles

Chief Information Officer

IT Director

Legal Counsel

Data Protection Officer

Procurement Manager

Information Security Manager

Cloud Solutions Architect

Technical Operations Manager

Compliance Officer

Contract Manager

Risk Manager

IT Service Manager

Enterprise Architect

Chief Technology Officer

Chief Privacy Officer

Industries
General Data Protection Regulation (GDPR): EU-wide regulation directly applicable in Belgium governing personal data processing, storage, and transfer
Belgian Data Protection Act of 30 July 2018: National law implementing and supplementing GDPR in Belgium
Book XII of the Belgian Code of Economic Law: Covers electronic economy including provisions on electronic contracts and digital services
Belgian Civil Code (Articles 1101-1386): Fundamental contract law provisions governing formation, validity, and execution of contracts
NIS Law (Network and Information Systems Security Act): Belgian implementation of EU NIS Directive concerning cybersecurity requirements for digital service providers
Belgian Telecommunications Act: Regulates electronic communications services and networks
Book VI of the Belgian Code of Economic Law: Contains consumer protection provisions applicable to digital services
eIDAS Regulation (EU) 910/2014: Directly applicable EU regulation concerning electronic identification and trust services
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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