This Cloud Services Agreement template is designed for use in cloud computing service arrangements governed by Irish law. It is particularly suitable for businesses providing or procuring Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS), or Infrastructure-as-a-Service (IaaS) solutions. The agreement incorporates requirements from key Irish and EU regulations, including the GDPR, Data Protection Act 2018, and Electronic Commerce Act 2000. It addresses essential aspects such as service delivery, data protection, security measures, service levels, and support commitments. This template is structured to provide comprehensive coverage of both technical and commercial requirements while maintaining compliance with Irish legal frameworks for digital services and data protection.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and high-level purpose
3. Definitions: Defined terms used throughout the agreement
4. Services: Description of cloud services scope, service levels, and support
5. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
7. Data Protection and Security: GDPR compliance, data processing terms, security requirements
8. Intellectual Property Rights: IP ownership, licenses, and restrictions
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Contract duration, renewal, termination rights and consequences
11. Liability and Indemnities: Limitation of liability, exclusions, and indemnification obligations
12. Force Majeure: Events beyond reasonable control and their handling
13. General Provisions: Standard boilerplate including notices, assignment, amendments
1. Professional Services: Include when additional implementation, configuration, or consulting services are provided
2. Disaster Recovery: Include for critical services requiring specific recovery commitments
3. Insurance: Include for high-value or high-risk services requiring specific insurance coverage
4. Change Control: Include for complex services requiring formal change management processes
5. Export Control: Include when services involve cross-border data transfers or technology exports
6. Anti-Bribery and Corruption: Include for public sector customers or when required by corporate policies
7. Environmental, Social and Governance: Include when ESG commitments are required
8. Audit Rights: Include for regulated customers or when extensive compliance verification is needed
1. Service Description: Detailed technical specifications of cloud services
2. Service Level Agreement: Performance metrics, measurement, and service credits
3. Support Services: Support tiers, response times, and escalation procedures
4. Security Requirements: Detailed security controls, standards, and procedures
5. Data Processing Agreement: GDPR-compliant data processing terms and details
6. Pricing and Payment Schedule: Detailed pricing, volume discounts, and payment milestones
7. Business Continuity Plan: Disaster recovery and business continuity procedures
8. Exit Plan: Transition assistance and data return procedures
Relevant legal definitions
Acceptable Use Policy
Affiliate
Agreement
Authorized User
Business Day
Business Hours
Confidential Information
Cloud Services
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Good Industry Practice
Intellectual Property Rights
Law
Maintenance Window
Malicious Code
Material Breach
Normal Business Hours
Personal Data
Platform
Processing
Professional Services
Provider
Regulated Data
Response Time
Resolution Time
Security Breach
Security Requirements
Service Credits
Service Levels
Service Level Agreement
Services
Software
Specification
Subscription Term
Support Services
System Administrator
Term
Third Party Materials
Update
Upgrade
User Credentials
Virus
Vulnerability
Affiliate
Agreement
Authorized User
Business Day
Business Hours
Confidential Information
Cloud Services
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Good Industry Practice
Intellectual Property Rights
Law
Maintenance Window
Malicious Code
Material Breach
Normal Business Hours
Personal Data
Platform
Processing
Professional Services
Provider
Regulated Data
Response Time
Resolution Time
Security Breach
Security Requirements
Service Credits
Service Levels
Service Level Agreement
Services
Software
Specification
Subscription Term
Support Services
System Administrator
Term
Third Party Materials
Update
Upgrade
User Credentials
Virus
Vulnerability
Clauses
Definitions
Service Provision
Service Levels
Support Services
Customer Obligations
Fees and Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Disaster Recovery
Service Credits
Acceptable Use
Audit Rights
Change Management
Sub-processing
Data Transfers
Business Continuity
Exit Management
Insurance
Notice
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Third Party Rights
Anti-Bribery
Data Backup
Service Suspension
Amendment
Waiver
Service Provision
Service Levels
Support Services
Customer Obligations
Fees and Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Disaster Recovery
Service Credits
Acceptable Use
Audit Rights
Change Management
Sub-processing
Data Transfers
Business Continuity
Exit Management
Insurance
Notice
Assignment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Third Party Rights
Anti-Bribery
Data Backup
Service Suspension
Amendment
Waiver
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Media and Entertainment
Insurance
E-commerce
Logistics and Supply Chain
Real Estate
Energy and Utilities
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Operations
Commercial
Data Protection
Infrastructure
Service Delivery
Solutions Architecture
Vendor Management
Digital Transformation
Enterprise Architecture
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Data Protection Officer
Cloud Services Manager
Technical Operations Director
Commercial Director
Risk Manager
Compliance Officer
Solutions Architect
Service Delivery Manager
Contract Manager
Privacy Officer
Enterprise Architect
Digital Transformation Director
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