This Cloud Hosting Agreement is designed for use when establishing a contractual relationship between a cloud service provider and a customer in Belgium. The agreement comprehensively covers the provision of cloud hosting services, including infrastructure specifications, service levels, data protection measures, and security requirements. It is specifically tailored to comply with Belgian law while incorporating necessary EU regulations such as GDPR, the NIS Directive, and the Free Flow of Non-Personal Data Regulation. The document is particularly crucial for businesses seeking to outsource their IT infrastructure or data storage needs while ensuring regulatory compliance and clear operational parameters.
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1. Parties: Identification of the cloud service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Defined terms used throughout the agreement, including technical terminology
4. Services: Detailed description of the cloud hosting services, including scope and exclusions
5. Service Provider Obligations: Key responsibilities and commitments of the cloud service provider
6. Customer Obligations: Customer responsibilities, including acceptable use policies and compliance requirements
7. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements
8. Service Levels: Performance standards, availability commitments, and remedies for failure
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 of confidential information and trade secrets
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: Circumstances excusing performance and related procedures
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Migration Services: Terms for data migration services, used when initial setup or exit migration services are required
2. Professional Services: Additional consulting or implementation services, included when provider offers supplementary services
3. Disaster Recovery: Specific disaster recovery obligations, included for critical services or when required by customer
4. Change Control: Procedures for managing changes to services or specifications, needed for complex implementations
5. Third-Party Services: Terms governing integration with third-party services, included when relevant
6. Customer Data Backup: Specific backup requirements and procedures, included when backup services are part of the offering
7. Compliance and Audits: Detailed compliance obligations and audit rights, included for regulated industries
8. Support Services: Detailed support terms and procedures, included when specific support requirements exist
1. Service Description: Detailed technical specifications of the cloud hosting services
2. Service Level Agreement: Detailed performance metrics, measurement methods, and service credits
3. Pricing and Payment Schedule: Detailed pricing structure, payment terms, and calculation methods
4. Security Requirements: Specific security standards, protocols, and procedures
5. Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Acceptable Use Policy: Detailed rules and restrictions for use of the services
7. Technical Support Procedures: Support level definitions, contact procedures, and escalation paths
8. Business Continuity Plan: Disaster recovery and business continuity procedures
9. Exit Plan: Procedures and requirements for service termination and transition
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