The Cloud Services Agreement serves as the primary contractual framework for cloud computing services in India, essential for businesses seeking to leverage cloud technologies while ensuring legal compliance. This agreement is typically used when organizations want to procure cloud services, including SaaS, PaaS, or IaaS solutions, and need to establish clear terms for service delivery, data handling, and operational responsibilities. It addresses critical aspects required under Indian law, including data protection under the IT Act, security measures, service level commitments, and data localization requirements. The document is designed to protect both service provider and customer interests while ensuring compliance with evolving Indian technology and data protection regulations.
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1. Parties: Identification of the cloud service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Detailed definitions of technical terms, service-related terminology, and other key terms used in the agreement
4. Services Description: Detailed description of the cloud services being provided, including scope and limitations
5. Service Levels: Specified service level commitments, availability guarantees, and performance metrics
6. Data Protection and Security: Obligations regarding data security, privacy, and compliance with Indian data protection laws
7. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
8. Charges and Payment: Pricing, payment terms, billing cycles, and related financial provisions
9. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of services and content
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. Limitation of Liability: Liability caps and exclusions compliant with Indian law
13. Force Majeure: Provisions for unforeseen events and service interruptions
14. Governing Law and Jurisdiction: Specification of Indian law governance and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Processing Terms: Detailed data processing terms when handling sensitive personal data or specific regulated data types
2. Disaster Recovery: Specific disaster recovery and business continuity commitments, required for enterprise or regulated customers
3. Professional Services: Terms for additional implementation, training, or consulting services if offered
4. Regulatory Compliance: Industry-specific compliance terms for regulated sectors like healthcare or finance
5. Sub-processors: Terms regarding the use and management of sub-processors, important for data protection compliance
6. Insurance: Specific insurance requirements, often needed for enterprise customers
7. Export Control: Terms dealing with cross-border data transfers and export controls when applicable
1. Service Description Schedule: Detailed technical specifications of cloud services and features
2. Service Level Agreement (SLA): Detailed service levels, measurement methods, and remedies
3. Pricing Schedule: Detailed pricing, including usage tiers and additional service costs
4. Security Schedule: Detailed security measures, protocols, and compliance standards
5. Support Services Schedule: Support level definitions, response times, and escalation procedures
6. Acceptable Use Policy: Detailed rules and restrictions for service usage
7. Data Processing Addendum: Detailed terms for processing personal data in compliance with Indian law
8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
Relevant legal definitions
Acceptable Use Policy
Affiliate
Authorized Users
Business Day
Business Hours
Confidential Information
Cloud Services
Customer Data
Customer Personal Data
Data Center
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Intellectual Property Rights
Information Technology Act
Implementation Services
Incident
Maintenance Window
Malicious Code
Personal Data
Platform
Professional Services
Regulatory Requirements
Scheduled Maintenance
Security Breach
Sensitive Personal Data
Service Credits
Service Levels
Service Level Agreement (SLA)
Services
Software
Subscription Term
Support Services
System Administrator
Technical Support
Term
Third-Party Applications
Updates
Upgrades
User Credentials
Virus
Vulnerability
Affiliate
Authorized Users
Business Day
Business Hours
Confidential Information
Cloud Services
Customer Data
Customer Personal Data
Data Center
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Intellectual Property Rights
Information Technology Act
Implementation Services
Incident
Maintenance Window
Malicious Code
Personal Data
Platform
Professional Services
Regulatory Requirements
Scheduled Maintenance
Security Breach
Sensitive Personal Data
Service Credits
Service Levels
Service Level Agreement (SLA)
Services
Software
Subscription Term
Support Services
System Administrator
Technical Support
Term
Third-Party Applications
Updates
Upgrades
User Credentials
Virus
Vulnerability
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Privacy
Confidentiality
Intellectual Property
Payment Terms
Service Credits
Limitation of Liability
Indemnification
Force Majeure
Term and Termination
Customer Obligations
Provider Obligations
Acceptable Use
Service Support
Disaster Recovery
Audit Rights
Compliance
Sub-contracting
Assignment
Notice
Governing Law
Dispute Resolution
Warranties
Service Availability
Data Processing
Security Breach
Business Continuity
Change Management
Access Rights
Documentation
Maintenance
Exit Management
Insurance
Non-solicitation
Entire Agreement
Severability
Third Party Rights
Service Levels
Data Protection
Data Security
Privacy
Confidentiality
Intellectual Property
Payment Terms
Service Credits
Limitation of Liability
Indemnification
Force Majeure
Term and Termination
Customer Obligations
Provider Obligations
Acceptable Use
Service Support
Disaster Recovery
Audit Rights
Compliance
Sub-contracting
Assignment
Notice
Governing Law
Dispute Resolution
Warranties
Service Availability
Data Processing
Security Breach
Business Continuity
Change Management
Access Rights
Documentation
Maintenance
Exit Management
Insurance
Non-solicitation
Entire Agreement
Severability
Third Party Rights
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Education
Telecommunications
Professional Services
Government and Public Sector
Retail
Insurance
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Risk Management
Operations
Infrastructure
Finance
Vendor Management
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Cloud Infrastructure Manager
Compliance Officer
Data Protection Officer
Contract Manager
Enterprise Architect
IT Operations Manager
Risk Manager
Technology Procurement Specialist
Cloud Solutions Architect
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