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Cloud Services Contract Template for Belgium

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Key Requirements PROMPT example:

Cloud Services Contract

"I need a Cloud Services Contract for a Belgian healthcare provider purchasing SaaS electronic health records system, with strict GDPR compliance requirements and 99.9% uptime guarantee, planned to go live by March 2025."

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Document background
This Cloud Services Contract template is designed for use in Belgium, incorporating both Belgian national law requirements and EU regulatory frameworks. It is specifically structured for arrangements where a service provider delivers cloud-based solutions to business customers, covering Software as a Service (SaaS), Platform as a Service (PaaS), or Infrastructure as a Service (IaaS) offerings. The document addresses critical aspects including data protection under GDPR, service level commitments, security measures, and liability provisions in accordance with Belgian law. It is particularly relevant for businesses establishing or maintaining cloud service relationships where data protection, service reliability, and regulatory compliance are crucial considerations. The contract includes comprehensive provisions for service delivery, performance standards, and risk allocation, while maintaining flexibility to accommodate specific business requirements and technical specifications through its schedules and appendices.
Suggested Sections

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 being provided

3. Definitions: Detailed definitions of technical terms, service-specific terminology, and contract interpretation guidance

4. Service Provision: Description of cloud services, service components, and provider's obligations

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

6. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements

7. Service Levels: Service level agreements, performance metrics, and remedies for non-performance

8. Charges and Payment: Pricing, payment terms, invoicing, and late payment consequences

9. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of services and content

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Contract duration, renewal terms, and termination rights

12. Limitation of Liability: Liability caps, exclusions, and indemnification provisions

13. Force Majeure: Events outside party control and their impact on service delivery

14. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

Optional Sections

1. Professional Services: Include when additional implementation, configuration, or consulting services are provided

2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments

3. Customer Data Migration: Include when significant data migration services are part of the agreement

4. Third-Party Services Integration: Include when the cloud service integrates with third-party services

5. Compliance with Industry Standards: Include for regulated industries requiring specific compliance measures

6. Multi-tenant Provisions: Include when service is provided in a multi-tenant environment

7. Insurance Requirements: Include when specific insurance coverage is required

8. Change Control: Include when formal change management procedures are needed

Suggested Schedules

1. Service Description: Detailed technical specifications of cloud services and components

2. Service Level Agreement: Detailed performance metrics, measurement methods, and service credits

3. Pricing Schedule: Detailed pricing, payment terms, and calculation methods

4. Security Requirements: Specific security measures, protocols, and compliance requirements

5. Data Processing Agreement: GDPR-compliant data processing terms and procedures

6. Support Services: Support level descriptions, response times, and escalation procedures

7. Acceptable Use Policy: Detailed rules and restrictions for service usage

8. Business Continuity Plan: Disaster recovery and business continuity procedures

9. Exit Plan: Procedures and requirements for service termination and transition

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
Authorized Users
Business Day
Business Hours
Charges
Cloud Infrastructure
Confidential Information
Customer Data
Customer Materials
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
GDPR
Good Industry Practice
Incident
Intellectual Property Rights
Maintenance Window
Personal Data
Processing
Professional Services
Provider Systems
Response Time
Scheduled Maintenance
Security Breach
Service Credits
Service Level Agreement
Service Levels
Services
Software
Specification
Subscription Term
Support Services
System Administrator
Third-Party Services
Usage Data
User Authentication
Virus
Vulnerability
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment Terms
Service Access
Acceptable Use
Customer Obligations
Provider Obligations
Warranties
Liability Limitation
Indemnification
Force Majeure
Termination
Exit Management
Business Continuity
Disaster Recovery
Audit Rights
Regulatory Compliance
Change Management
Dispute Resolution
Assignment
Subcontracting
Notice Requirements
Governing Law
Support Services
Service Availability
Performance Monitoring
Security Breach Notification
Data Migration
System Maintenance
Service Credits
Insurance
Competition Law
Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Public Sector

Education

Telecommunications

E-commerce

Media and Entertainment

Insurance

Energy and Utilities

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Operations

Data Protection

Technical Operations

Cloud Infrastructure

Vendor Management

Enterprise Architecture

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Legal Counsel

Data Protection Officer

Procurement Manager

Information Security Manager

Cloud Solutions Architect

IT Operations Manager

Compliance Officer

Risk Manager

Contract Manager

Technical Operations Director

Digital Transformation Manager

Enterprise Architect

Industries
GDPR (General Data Protection Regulation): EU Regulation 2016/679 on data protection and privacy, crucial for cloud services handling personal data of EU residents
Belgian Civil Code: Fundamental contract law principles under Belgian law, including formation, validity, and enforcement of contracts
Belgian Data Protection Act: Law of 30 July 2018 implementing GDPR provisions into Belgian national law
NIS Directive Implementation: Belgian law implementing EU Network and Information Security Directive, relevant for cloud service providers' security obligations
Book XII of the Belgian Code of Economic Law: Regulations concerning electronic economy, including provisions about electronic contracts and services
EU Free Flow of Non-Personal Data Regulation: Regulation (EU) 2018/1807 ensuring free movement of non-personal data across EU member states
Belgian Telecommunications Act: Law governing electronic communications services and networks in Belgium
EU Consumer Rights Directive: Directive 2011/83/EU as implemented in Belgian law, relevant for B2C cloud service contracts
EU Digital Content and Services Directive: Directive (EU) 2019/770 implemented in Belgian law, covering digital service contracts with consumers
EU Cybersecurity Act: Regulation (EU) 2019/881 establishing cybersecurity certification framework for digital services including cloud
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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