This Cloud Agreement template is designed for organizations seeking to establish a legally compliant framework for cloud service provision under Dutch law. It is particularly relevant for businesses operating in the Netherlands or those seeking to engage Dutch customers or providers. The agreement addresses critical aspects of cloud service delivery including service levels, data protection, security measures, and performance standards. It incorporates requirements from the Dutch Civil Code, the GDPR, and other relevant Dutch and EU regulations. The Cloud Agreement is structured to accommodate various cloud service models (SaaS, PaaS, IaaS) while maintaining compliance with Dutch legal requirements and market practices. It includes comprehensive provisions for data processing, security protocols, and service level commitments, making it suitable for both standard cloud service arrangements and more complex implementations requiring customization.
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1. Parties: Identification of the contracting parties including registered details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Provision: Description of cloud services, scope, and delivery terms
5. Service Levels: Performance standards, availability commitments, and remedies
6. Customer Obligations: Customer responsibilities and acceptable use policies
7. Data Protection: GDPR compliance, data processing terms, and security measures
8. Intellectual Property: IP rights, licenses, and restrictions
9. Confidentiality: Protection of confidential information and trade secrets
10. Fees and Payment: Pricing, payment terms, and invoicing procedures
11. Term and Termination: Duration, renewal, and termination provisions
12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations
13. Force Majeure: Circumstances excusing performance
14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Professional Services: Include when additional implementation or consulting services are provided
2. Audit Rights: Include for regulated customers or when handling sensitive data
3. Business Continuity: Include for critical services or when required by customer's regulatory obligations
4. Sub-processors: Include when provider uses third-party sub-processors for service delivery
5. Export Control: Include when services involve cross-border data transfers or regulated technology
6. Insurance: Include when specific insurance coverage requirements apply
7. Source Code Escrow: Include when customer requires access to source code upon specified trigger events
1. Service Description: Detailed technical specifications of cloud services
2. Service Level Agreement: Detailed performance metrics, measurement methods, and service credits
3. Security Requirements: Security standards, certifications, and controls
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Pricing Schedule: Detailed pricing, payment terms, and calculation methods
6. Support Services: Support levels, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules for service usage and restrictions
8. Exit Plan: Procedures for service termination and data migration
Relevant legal definitions
Acceptable Use Policy
Agreement
Authorized Users
Availability
Business Day
Business Hours
Confidential Information
Cloud Services
Customer Data
Customer Personal Data
Data Center
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Data
Personal Data Breach
Platform
Processing
Professional Services
Provider
Response Time
Scheduled Maintenance
Security Measures
Service Credits
Service Level Agreement
Service Levels
Services
Software
Sub-processor
Support Services
System Requirements
Term
Third Party Materials
Update
Upgrade
User Credentials
Agreement
Authorized Users
Availability
Business Day
Business Hours
Confidential Information
Cloud Services
Customer Data
Customer Personal Data
Data Center
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Data
Personal Data Breach
Platform
Processing
Professional Services
Provider
Response Time
Scheduled Maintenance
Security Measures
Service Credits
Service Level Agreement
Service Levels
Services
Software
Sub-processor
Support Services
System Requirements
Term
Third Party Materials
Update
Upgrade
User Credentials
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Fees and Payment
Term and Termination
Warranties
Liability
Indemnification
Force Majeure
Audit Rights
Customer Obligations
Provider Obligations
Support Services
Acceptable Use
Business Continuity
Disaster Recovery
Change Management
Sub-contracting
Assignment
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Data Processing
Security Requirements
Service Credits
Exit Management
Insurance
Compliance with Laws
Anti-Corruption
Third Party Rights
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Fees and Payment
Term and Termination
Warranties
Liability
Indemnification
Force Majeure
Audit Rights
Customer Obligations
Provider Obligations
Support Services
Acceptable Use
Business Continuity
Disaster Recovery
Change Management
Sub-contracting
Assignment
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Data Processing
Security Requirements
Service Credits
Exit Management
Insurance
Compliance with Laws
Anti-Corruption
Third Party Rights
Relevant Industries
Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Insurance
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Operations
Infrastructure
Architecture
Service Delivery
Data Protection
Vendor Management
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Data Protection Officer
Procurement Manager
IT Security Manager
Cloud Infrastructure Manager
Contract Manager
Risk Manager
Compliance Officer
IT Operations Manager
Enterprise Architect
Solutions Architect
Service Delivery Manager
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