Cloud Service Agreement for Malta

Cloud Service Agreement Template for Malta

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Cloud Service Agreement

"I need a Cloud Service Agreement under Maltese law for a SaaS platform providing financial services software to banks, with strict data protection measures and specific provisions for 24/7 service availability targeting a March 2025 launch."

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What is a Cloud Service Agreement?

This Cloud Service Agreement template is designed for use in cloud computing arrangements governed by Maltese law. It is particularly suitable for businesses providing or procuring cloud services within Malta's jurisdiction or involving Maltese entities. The agreement comprehensively addresses key aspects including service delivery, data protection, security measures, and service levels, while ensuring compliance with Malta's legal framework and EU regulations, particularly GDPR. The document incorporates necessary provisions for both Software-as-a-Service (SaaS) and Infrastructure-as-a-Service (IaaS) arrangements, with flexibility to adapt to specific service models. It's structured to protect both provider and customer interests while maintaining alignment with industry standards and regulatory requirements.

What sections should be included in a Cloud Service Agreement?

1. Parties: Identification of the cloud service provider and customer, including registration details and addresses

2. Background: Context of the agreement and brief description of the cloud services being provided

3. Definitions: Defined terms used throughout the agreement, including technical terms specific to cloud services

4. Service Provision: Core obligations regarding the provision of cloud services, including scope and service descriptions

5. Service Levels: Service level commitments, measurement methods, and remedies for failure

6. Customer Obligations: Customer responsibilities, including acceptable use policies and compliance requirements

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

8. Data Protection: GDPR compliance, data processing terms, and privacy obligations

9. Security: Security requirements, protocols, and incident response procedures

10. Intellectual Property: IP rights, licenses, and restrictions on use of the service and content

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnities: Limitation of liability, indemnification obligations, and risk allocation

13. Term and Termination: Contract duration, renewal terms, and termination rights

14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Cloud Service Agreement?

1. Professional Services: Additional section for implementation, training, or consulting services if offered alongside cloud services

2. Service Credits: Detailed service credit regime if offering financial compensation for service level failures

3. Disaster Recovery: Specific disaster recovery obligations beyond standard service levels where required for critical services

4. Compliance: Industry-specific compliance requirements for regulated sectors (e.g., financial services, healthcare)

5. Multi-tenant Provisions: Specific provisions for shared infrastructure environments where relevant

6. Insurance: Detailed insurance requirements for high-value or high-risk services

7. Sub-processors: Specific provisions regarding the appointment and management of sub-processors where customer approval is required

What schedules should be included in a Cloud Service Agreement?

1. Service Description: Detailed technical description of the cloud services, features, and functionality

2. Service Levels: Detailed service level metrics, measurement methods, and reporting requirements

3. Pricing Schedule: Detailed pricing structure, including usage tiers and additional services

4. Security Requirements: Detailed security protocols, standards, and compliance requirements

5. Data Processing Agreement: GDPR-compliant data processing terms and details

6. Support Services: Description of support levels, response times, and escalation procedures

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

8. Business Continuity Plan: Disaster recovery and business continuity procedures

9. Exit Plan: Procedures and requirements for service termination and data migration

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Retail

Manufacturing

Education

Government

Telecommunications

Media and Entertainment

Insurance

Banking

E-commerce

Logistics

Consulting

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Operations

Data Protection

Vendor Management

Contract Management

Technical Operations

Cloud Infrastructure

Relevant Roles

Chief Technology Officer

Chief Information Officer

Chief Legal Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Manager

Data Protection Officer

Cloud Services Manager

IT Operations Manager

Compliance Officer

Contract Manager

Risk Manager

Technology Procurement Specialist

Information Technology Manager

Privacy Officer

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