This Cloud Agreement template is designed for use in the German market when establishing a formal relationship between cloud service providers and their customers. It incorporates essential elements required under German law and EU regulations, including robust data protection provisions aligned with GDPR and the German Federal Data Protection Act (BDSG). The document is particularly relevant in scenarios involving data processing, storage, or software services delivered through cloud infrastructure. It addresses critical aspects such as service levels, security measures, data processing terms, liability limitations permitted under German law, and specific requirements for technical documentation. The agreement is structured to comply with German civil law requirements while maintaining the flexibility needed for various cloud service models (IaaS, PaaS, SaaS).
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1. Parties: Identification of the contracting parties - cloud service provider and customer
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of the cloud services, including service levels and specifications
5. Payment Terms: Pricing, payment schedule, and billing procedures
6. Data Protection and Security: GDPR and BDSG compliance requirements, data processing terms, and security measures
7. Service Levels: Service level agreements (SLAs), performance metrics, and remedies for non-compliance
8. Customer Obligations: Customer responsibilities and acceptable use policies
9. Provider Obligations: Provider's commitments, including service delivery and support
10. Intellectual Property Rights: IP ownership, licenses, and usage rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnification: Limitation of liability and indemnification provisions under German law
13. Term and Termination: Duration, renewal, and termination conditions
14. Force Majeure: Circumstances excusing performance under German law
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Disaster Recovery: Required for critical services or when handling sensitive data, detailing recovery procedures and timelines
2. Professional Services: Include when additional implementation, training, or consulting services are provided
3. Multi-tenant Provisions: Required for shared infrastructure services, addressing resource allocation and isolation
4. Sub-processors: Include when the provider uses third-party service providers for core services
5. Export Control: Required when services involve cross-border data transfers or international customers
6. Insurance: Include for high-value contracts or when handling sensitive data
7. Service Credits: Include when offering financial compensation for service level failures
8. Audit Rights: Required for regulated industries or when handling sensitive data
1. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
2. Technical Specifications: Detailed technical requirements and service specifications
3. Data Processing Agreement: GDPR-compliant data processing terms and security measures
4. Support Services Description: Support levels, response times, and escalation procedures
5. Acceptable Use Policy: Detailed rules for service usage and prohibited activities
6. Business Continuity Plan: Disaster recovery and business continuity procedures
7. Fee Schedule: Detailed pricing, payment terms, and calculation methods
8. Security Requirements: Detailed security measures, certifications, and compliance requirements
Relevant legal definitions
Acceptable Use Policy
Authorized Users
Business Day
Business Hours
Certified Data Center
Cloud Services
Confidential Information
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
GDPR
Incident
Intellectual Property Rights
Maintenance Window
Personal Data
Processing
Professional Services
Provider Technology
Response Time
Resolution Time
Service Credits
Service Levels
Service Level Agreement (SLA)
Service Hours
Service Specifications
Sub-processor
Support Services
System Requirements
Technical Documentation
Term
Third Party Materials
Updates
Upgrades
User Account
Virus
Vulnerability
Authorized Users
Business Day
Business Hours
Certified Data Center
Cloud Services
Confidential Information
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Force Majeure Event
GDPR
Incident
Intellectual Property Rights
Maintenance Window
Personal Data
Processing
Professional Services
Provider Technology
Response Time
Resolution Time
Service Credits
Service Levels
Service Level Agreement (SLA)
Service Hours
Service Specifications
Sub-processor
Support Services
System Requirements
Technical Documentation
Term
Third Party Materials
Updates
Upgrades
User Account
Virus
Vulnerability
Clauses
Service Provision
Data Protection
Data Security
Service Levels
Payment Terms
Intellectual Property
Confidentiality
Liability
Warranties
Force Majeure
Term and Termination
Access Rights
Acceptable Use
Audit Rights
Business Continuity
Change Management
Compliance
Data Backup
Data Location
Dispute Resolution
Documentation
Emergency Response
Exit Management
Governance
Implementation
Indemnification
Insurance
Maintenance
Monitoring
Notice
Performance Metrics
Personnel
Privacy
Record Keeping
Reporting
Security Breach
Service Credits
Subcontracting
Support Services
Technical Requirements
Third Party Rights
Training
Transition Services
Data Protection
Data Security
Service Levels
Payment Terms
Intellectual Property
Confidentiality
Liability
Warranties
Force Majeure
Term and Termination
Access Rights
Acceptable Use
Audit Rights
Business Continuity
Change Management
Compliance
Data Backup
Data Location
Dispute Resolution
Documentation
Emergency Response
Exit Management
Governance
Implementation
Indemnification
Insurance
Maintenance
Monitoring
Notice
Performance Metrics
Personnel
Privacy
Record Keeping
Reporting
Security Breach
Service Credits
Subcontracting
Support Services
Technical Requirements
Third Party Rights
Training
Transition Services
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Insurance
Telecommunications
Education
Public Sector
E-commerce
Automotive
Energy
Media and Entertainment
Research and Development
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Technical Services
Data Protection
Vendor Management
Infrastructure
Cloud Operations
Enterprise Architecture
Service Delivery
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Data Protection Officer
Procurement Manager
IT Security Manager
Cloud Infrastructure Manager
Compliance Officer
Contract Manager
Enterprise Architect
Technical Operations Manager
Risk Manager
Information Security Officer
Service Delivery Manager
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