This Cloud Agreement template is designed for use in establishing cloud service relationships under Swiss jurisdiction. It is particularly relevant when either the service provider or customer has Swiss operations or requires compliance with Swiss law. The agreement covers essential elements of cloud service provision including technical specifications, service levels, data protection (compliant with the Swiss Federal Data Protection Act), security measures, and commercial terms. It is structured to accommodate various cloud service models (SaaS, PaaS, IaaS) while maintaining compliance with Swiss regulatory requirements. The document is especially important for businesses handling personal data or operating in regulated sectors within Switzerland, as it incorporates necessary safeguards and compliance measures required by Swiss law.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Services: Description of cloud services, service levels, and delivery obligations
5. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Swiss data protection laws
6. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Intellectual Property Rights: IP ownership, licenses, and restrictions
9. Confidentiality: Confidentiality obligations and permitted disclosures
10. Term and Termination: Contract duration, renewal terms, and termination rights
11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
12. Force Majeure: Events excusing performance and related procedures
13. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Service Credits: Include when offering specific service level commitments with financial penalties
2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
3. Professional Services: Include when offering implementation, training, or consulting services
4. Multi-tenant Provisions: Include for shared infrastructure services
5. Regulatory Compliance: Include for regulated industries (e.g., financial services, healthcare)
6. Sub-processors: Include when third-party processors will be used for data processing
7. Export Control: Include when services involve cross-border data transfers or technology export
1. Service Description Schedule: Detailed technical specifications of the cloud services
2. Service Level Agreement: Detailed service levels, metrics, and measurement methods
3. Pricing Schedule: Detailed pricing, including usage tiers and additional services
4. Data Processing Agreement: Detailed data protection terms compliant with Swiss law
5. Security Requirements: Detailed security specifications and requirements
6. Support Services Schedule: Support level descriptions, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules for service usage and prohibited activities
Relevant legal definitions
Acceptable Use Policy
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Group Company
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Professional Services
Prohibited Content
Provider
Scheduled Maintenance
Security Breach
Security Requirements
Service Credits
Service Level Agreement
Service Levels
Services
Software
Sub-processor
Support Services
System Administrator
Term
Third Party Materials
Updates
Upgrades
User Credentials
Virus
Working Hours
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Group Company
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Professional Services
Prohibited Content
Provider
Scheduled Maintenance
Security Breach
Security Requirements
Service Credits
Service Level Agreement
Service Levels
Services
Software
Sub-processor
Support Services
System Administrator
Term
Third Party Materials
Updates
Upgrades
User Credentials
Virus
Working Hours
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment Terms
Performance Standards
Access Rights
Usage Rights
Maintenance
Support Services
Audit Rights
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Exit Assistance
Business Continuity
Disaster Recovery
Regulatory Compliance
Sub-contracting
Assignment
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment Terms
Performance Standards
Access Rights
Usage Rights
Maintenance
Support Services
Audit Rights
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Exit Assistance
Business Continuity
Disaster Recovery
Regulatory Compliance
Sub-contracting
Assignment
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Insurance
Telecommunications
Education
Government
Pharmaceuticals
Logistics
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Risk Management
Finance
Operations
Infrastructure
Data Protection
Vendor Management
Enterprise Architecture
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Officer
Data Protection Officer
Cloud Services Manager
IT Infrastructure Manager
Compliance Officer
Contract Manager
Enterprise Architect
Technology Procurement Specialist
Privacy Counsel
Risk Manager
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