This Cloud Agreement template is designed for use in the Indian jurisdiction, specifically tailored to comply with the Information Technology Act, 2000 and related regulations. It serves as a comprehensive framework for establishing cloud service relationships between providers and customers, covering essential aspects such as service delivery, data protection, security measures, and regulatory compliance. The agreement is particularly relevant in the context of India's growing digital economy and increasing adoption of cloud services across various sectors. It incorporates specific provisions required by Indian law regarding data protection, privacy, cybersecurity, and consumer protection, while also addressing practical operational requirements for cloud service delivery. This document is essential for organizations looking to either provide or procure cloud services in India, ensuring their arrangements are legally compliant and commercially sound.
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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 cloud services being provided
3. Definitions: Definitions of technical terms, service-specific terminology, and other key terms used in the agreement
4. Service Provision: Description of cloud services, service levels, and service delivery obligations
5. Payment Terms: Pricing, payment schedule, billing procedures, and related financial terms
6. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and security measures
7. Security Requirements: Security standards, protocols, and compliance requirements for service delivery
8. Service Levels and Support: Service level agreements (SLAs), performance metrics, and support services
9. Intellectual Property Rights: IP ownership, licenses, and usage rights for the service and related content
10. Confidentiality: Protection of confidential information and trade secrets
11. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation
12. Term and Termination: Duration, renewal terms, and termination rights and procedures
13. Force Majeure: Provisions for unforeseen circumstances and force majeure events
14. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for dispute resolution
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Localization: Required when dealing with sensitive data or regulated industries requiring data to be stored within India
2. Regulatory Compliance: Needed for regulated industries like financial services or healthcare
3. Disaster Recovery: Optional detailed section for enterprise-level agreements requiring specific disaster recovery commitments
4. Migration Services: Required when including provisions for data migration services to/from the cloud platform
5. Professional Services: Needed when additional implementation or consulting services are provided
6. Insurance Requirements: Required for high-value enterprise agreements or when dealing with sensitive data
7. Anti-Corruption Compliance: Required for international agreements or when dealing with government entities
1. Schedule A - Service Description: Detailed technical specifications of cloud services and features
2. Schedule B - Service Level Agreement: Detailed SLA metrics, measurement methods, and remedies
3. Schedule C - Pricing and Payment Schedule: Detailed pricing structure, rates, and payment terms
4. Schedule D - Security Standards and Protocols: Specific security requirements, certifications, and compliance standards
5. Schedule E - Support Services: Support level definitions, response times, and escalation procedures
6. Schedule F - Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws
7. Schedule G - Acceptable Use Policy: Rules and restrictions for use of the cloud services
8. Appendix 1 - Technical Requirements: Customer's technical requirements and specifications
9. Appendix 2 - Contact Details: Key contacts for both parties for various purposes (technical, administrative, legal)
Relevant legal definitions
Acceptable Use Policy
Authorized Users
Business Day
Cloud Services
Confidential Information
Customer Data
Data Center
Data Protection Laws
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Incident
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Data
Platform
Professional Services
Prohibited Content
Response Time
Scheduled Maintenance
Security Breach
Security Requirements
Sensitive Personal Data
Service Credits
Service Level Agreement (SLA)
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Usage Data
User Credentials
Virus
Vulnerability
Authorized Users
Business Day
Cloud Services
Confidential Information
Customer Data
Data Center
Data Protection Laws
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Incident
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Data
Platform
Professional Services
Prohibited Content
Response Time
Scheduled Maintenance
Security Breach
Security Requirements
Sensitive Personal Data
Service Credits
Service Level Agreement (SLA)
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Usage Data
User Credentials
Virus
Vulnerability
Clauses
Service Provision
Service Levels
Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Assignment
Subcontracting
Audit Rights
Dispute Resolution
Governing Law
Data Localization
Service Credits
Business Continuity
Disaster Recovery
Access Rights
Usage Restrictions
Security Compliance
Performance Monitoring
Change Management
Support Services
Documentation
Notice
Insurance
Regulatory Compliance
Third Party Rights
Entire Agreement
Severability
Anti-Corruption
Export Control
Service Levels
Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Assignment
Subcontracting
Audit Rights
Dispute Resolution
Governing Law
Data Localization
Service Credits
Business Continuity
Disaster Recovery
Access Rights
Usage Restrictions
Security Compliance
Performance Monitoring
Change Management
Support Services
Documentation
Notice
Insurance
Regulatory Compliance
Third Party Rights
Entire Agreement
Severability
Anti-Corruption
Export Control
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Education
Telecommunications
Professional Services
Government
Retail
Insurance
Banking
Pharmaceuticals
Media and Entertainment
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Operations
Infrastructure
Data Protection
Enterprise Architecture
Vendor Management
Contract Administration
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Data Protection Officer
Cloud Solutions Architect
IT Infrastructure Manager
Compliance Officer
Risk Manager
Contract Manager
Technology Procurement Specialist
Enterprise Architect
Operations Director
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