This Cloud Services Agreement template is designed for use in the Malaysian market where cloud computing services are increasingly being adopted across various sectors. The agreement is structured to comply with Malaysian legislation, including the Personal Data Protection Act 2010, Communications and Multimedia Act 1998, and other relevant regulations. It is particularly suitable for businesses providing or procuring cloud services, including Software as a Service (SaaS), Platform as a Service (PaaS), or Infrastructure as a Service (IaaS). The document addresses critical aspects such as data protection, service levels, security measures, and compliance requirements specific to the Malaysian regulatory environment, while also incorporating international best practices in cloud service provision.
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1. Parties: Identification of the cloud service provider and the customer, including registered addresses and company registration numbers
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Definitions of key terms used throughout the agreement, including technical terminology
4. Service Provision: Detailed description of the cloud services to be provided, including service levels and specifications
5. Fees and Payment: Pricing structure, payment terms, and billing procedures
6. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with PDPA 2010
7. Service Levels and Support: Service level agreements (SLAs), performance metrics, and support services
8. Intellectual Property Rights: ownership and usage rights of software, data, and other intellectual property
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
11. Limitation of Liability: Limitations on liability and exclusions of damages
12. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise-level services
2. Data Migration: Procedures for initial data migration and exit migration, important for large-scale deployments
3. Professional Services: Additional professional services such as implementation, training, or consulting
4. Compliance with Industry Standards: Specific industry compliance requirements (e.g., for financial services or healthcare)
5. Multi-tenancy Provisions: Specific provisions for shared infrastructure environments
6. Third-Party Services Integration: Terms governing integration with third-party services or applications
7. Geographic Restrictions: Specific provisions regarding data location and cross-border data transfers
1. Schedule 1 - Service Description: Detailed technical specifications of the cloud services
2. Schedule 2 - Service Level Agreement: Detailed SLA metrics, measurement methods, and remedies
3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, including all fees and charges
4. Schedule 4 - Support Services: Support level descriptions, response times, and escalation procedures
5. Schedule 5 - Security Requirements: Detailed security protocols, measures, and compliance requirements
6. Schedule 6 - Data Processing Agreement: Detailed terms for personal data processing in compliance with PDPA
7. Schedule 7 - Acceptable Use Policy: Rules and restrictions for use of the cloud services
8. Appendix A - Technical Requirements: Customer's technical requirements and specifications
9. Appendix B - Contact Details: Key contacts for both parties for various purposes
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