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Cloud Master Agreement

Cloud Master Agreement Template for Indonesia

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Key Requirements PROMPT example:

Cloud Master Agreement

"I need a Cloud Master Agreement under Indonesian law for a fintech company providing cloud-based payment processing services to banks and financial institutions, with specific attention to OJK regulations and data localization requirements."

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Document background
The Cloud Master Agreement serves as the foundational contract for organizations seeking to establish or receive cloud computing services in Indonesia. This document is essential when implementing cloud solutions that must comply with Indonesian regulations, particularly Government Regulation No. 71 of 2019 and the Personal Data Protection Law. The agreement covers critical aspects including service delivery, data protection, security measures, service levels, and regulatory compliance requirements. It is designed to address specific Indonesian market requirements while incorporating international best practices for cloud service delivery. The Cloud Master Agreement is typically used when establishing long-term cloud service relationships and includes provisions for scalability, service modifications, and technology updates, while ensuring compliance with local data sovereignty and protection requirements.
Suggested Sections

1. Parties: Identification of the contracting parties including their legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Comprehensive list of defined terms used throughout the agreement

4. Services: Overview of cloud services to be provided, service levels, and service delivery terms

5. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Indonesian Personal Data Protection Law

6. Service Levels and Support: Service level commitments, performance metrics, and support services

7. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions

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

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration of agreement, renewal terms, and termination rights

11. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

12. Force Majeure: Events excusing performance and related procedures

13. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms

14. General Provisions: Standard boilerplate provisions including notices, assignment, and amendments

Optional Sections

1. Regulatory Compliance: Additional compliance requirements for regulated industries (e.g., financial services, healthcare)

2. Business Continuity and Disaster Recovery: Detailed provisions for service continuity and recovery procedures

3. Audit Rights: Customer rights to audit provider's facilities and practices

4. Local Content Requirements: Provisions addressing Indonesian local content requirements if applicable

5. Insurance: Specific insurance requirements beyond standard coverage

6. Change Control: Formal procedures for changes to services or agreement terms

7. Environmental, Social and Governance (ESG): ESG commitments and reporting requirements

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications of cloud services

2. Service Level Agreement (SLA): Detailed service levels, metrics, and remedies

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

4. Security Requirements: Detailed security specifications and compliance requirements

5. Data Processing Agreement: Detailed terms for processing personal data in compliance with Indonesian law

6. Support Services Schedule: Detailed support procedures, escalation paths, and response times

7. Acceptable Use Policy: Rules and restrictions for use of the cloud services

8. Business Continuity Plan: Detailed procedures for maintaining service continuity

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
Affiliate
Agreement
API
Applicable Law
Authorized User
Business Day
Business Hours
Change Control Process
Cloud Services
Confidential Information
Customer
Customer Data
Data Center
Data Controller
Data Processor
Data Protection Laws
Data Subject
Deliverables
Documentation
Effective Date
Electronic System
Electronic System Operator
Emergency Maintenance
End User
Force Majeure Event
Hosting Services
Intellectual Property Rights
Local Content Requirements
Maintenance Window
Malicious Code
Material Breach
Network
Personal Data
Platform
Privacy Policy
Professional Services
Provider
Regulatory Authority
Related Corporation
Scheduled Maintenance
Security Breach
Security Requirements
Service Credits
Service Levels
Service Level Agreement
Services
Software
Special Categories of Personal Data
Specifications
Sub-processor
Support Services
System Administrator
Term
Third Party
Third Party Materials
Update
Upgrade
User Credentials
Virus
Clauses
Service Provision
Data Protection
Data Security
Service Levels
Performance Standards
Payment Terms
Pricing
Intellectual Property
Confidentiality
Liability
Indemnification
Force Majeure
Term and Termination
Change Management
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Compliance
Data Sovereignty
Business Continuity
Disaster Recovery
Service Support
Security Requirements
Access Rights
User Management
Service Modifications
Exit Management
Data Migration
Regulatory Compliance
Insurance
Warranties
Service Credits
Notice Requirements
Amendment
Entire Agreement
Severability
Data Backup
Emergency Response
Risk Allocation
Electronic Systems Operation
Local Content Requirements
Cross-border Data Transfer
Security Incident Response
Service Availability
Acceptable Use
Relevant Industries

Financial Services

Technology

Healthcare

E-commerce

Manufacturing

Government and Public Sector

Education

Telecommunications

Retail

Professional Services

Media and Entertainment

Insurance

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Operations

Finance

Technology Infrastructure

Data Protection

Vendor Management

Enterprise Architecture

Relevant Roles

Chief Information Officer

Chief Technology Officer

Chief Legal Officer

Head of Procurement

IT Director

Legal Counsel

Data Protection Officer

Compliance Manager

Cloud Infrastructure Manager

IT Security Manager

Procurement Manager

Contract Manager

Technology Risk Manager

Enterprise Architect

Solutions Architect

Information Security Officer

Industries
Government Regulation No. 71 of 2019 on Electronic Systems and Transactions: Main regulation governing electronic systems and transactions in Indonesia, including requirements for electronic system operators and data centers
Law No. 11 of 2008 on Electronic Information and Transactions (as amended by Law No. 19 of 2016): Fundamental law governing electronic transactions and information, including legal recognition of electronic documents
Minister of Communication and Informatics Regulation No. 5 of 2020: Specific regulation governing private electronic system operators, including cloud service providers
Personal Data Protection Law (Law No. 27 of 2022): Comprehensive data protection law establishing requirements for processing personal data, including cross-border data transfers
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata): Basic contract law principles governing formation and enforcement of contracts in Indonesia
Government Regulation No. 80 of 2019: Regulation on electronic commerce that includes provisions relevant to cloud services used in e-commerce
OJK Regulation No. 38/POJK.03/2016: Financial Services Authority regulation on the implementation of information technology risk management by banks, relevant if the cloud services are provided to financial institutions
Minister of Communication and Informatics Regulation No. 20 of 2016: Regulation on personal data protection in electronic systems
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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