This Cloud Agreement template is designed for use in the Nigerian market where organizations are increasingly adopting cloud services while needing to comply with local regulations. The agreement is particularly relevant for businesses seeking to formalize their cloud service arrangements while ensuring compliance with Nigerian laws, including the NDPR 2019 and the Cybercrimes Act 2015. It provides comprehensive coverage of service specifications, data protection requirements, security standards, and operational procedures, making it suitable for both domestic and international cloud service providers operating in Nigeria. The document is structured to address both technical and commercial aspects of cloud service provision, incorporating necessary safeguards for data protection and sovereignty requirements specific to the Nigerian jurisdiction.
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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: Definitions of key terms used throughout the agreement, including technical terminology
4. Services: Detailed description of the cloud services, including scope, delivery method, and service levels
5. Data Protection and Security: Compliance with NDPR requirements, data security measures, and data processing terms
6. Service Levels and Support: Service level agreements (SLAs), performance metrics, and support services
7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
8. Charges and Payment: Pricing, payment terms, invoicing, and any variable charging mechanisms
9. Intellectual Property: IP rights, licenses, and ownership of data and services
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal, termination rights, and consequences of termination
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and force majeure
13. Dispute Resolution: Process for resolving disputes, applicable law, and jurisdiction
1. Disaster Recovery: Additional terms for disaster recovery and business continuity services, if offered
2. Professional Services: Terms for additional professional services such as implementation or consulting
3. Insurance: Specific insurance requirements beyond standard coverage
4. Audit Rights: Enhanced audit and compliance monitoring rights for regulated customers
5. Data Migration: Terms for migration services at the start or end of the agreement
6. Security Testing: Provisions for security testing and penetration testing if required
7. Local Content Requirements: Specific provisions to comply with Nigerian local content requirements if applicable
1. Service Description: Detailed technical specifications of the cloud services
2. Service Levels: Detailed SLA metrics, measurement methods, and service credits
3. Pricing Schedule: Detailed pricing, including variable charges and calculation methods
4. Data Processing Agreement: Detailed terms for compliance with NDPR and data protection requirements
5. Security Requirements: Detailed security specifications and compliance requirements
6. Support Services: Description of support levels, response times, and escalation procedures
7. Acceptable Use Policy: Detailed terms of service use and restrictions
8. Business Continuity Plan: Disaster recovery and business continuity 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
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Maintenance Window
NDPR
Normal Business Hours
Personal Data
Platform
Processing
Professional Services
Prohibited Content
Provider
Response Time
Scheduled Maintenance
Security Breach
Service Credits
Service Level Agreement
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third Party Services
Unauthorized Access
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
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Maintenance Window
NDPR
Normal Business Hours
Personal Data
Platform
Processing
Professional Services
Prohibited Content
Provider
Response Time
Scheduled Maintenance
Security Breach
Service Credits
Service Level Agreement
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third Party Services
Unauthorized Access
User Credentials
Virus
Vulnerability
Clauses
Services
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment
Performance
Service Credits
Access Rights
User Obligations
Provider Obligations
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Compliance
Insurance
Notice
Amendment
Severability
Entire Agreement
Third Party Rights
Data Processing
Security Requirements
Business Continuity
Disaster Recovery
Service Support
Acceptable Use
Data Backup
System Availability
Emergency Maintenance
Exit Management
Data Migration
Service Suspension
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment
Performance
Service Credits
Access Rights
User Obligations
Provider Obligations
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Compliance
Insurance
Notice
Amendment
Severability
Entire Agreement
Third Party Rights
Data Processing
Security Requirements
Business Continuity
Disaster Recovery
Service Support
Acceptable Use
Data Backup
System Availability
Emergency Maintenance
Exit Management
Data Migration
Service Suspension
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Government
Telecommunications
Manufacturing
Retail
Professional Services
Energy
Media and Entertainment
Agriculture
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Risk Management
Finance
Operations
Infrastructure
Data Protection
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Data Protection Officer
Cloud Infrastructure Manager
IT Operations Manager
Compliance Officer
Risk Manager
Contract Manager
Technology Procurement Specialist
Enterprise Architect
Chief Financial Officer
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