This Cloud Service Agreement template is designed for use in the Netherlands, complying with Dutch law and EU regulations. It serves as the primary contract between cloud service providers and their customers, establishing the legal and operational framework for cloud-based service delivery. The document incorporates essential elements required by Dutch contract law, EU data protection regulations (GDPR), and sector-specific requirements where applicable. It's particularly relevant in today's digital economy where businesses increasingly rely on cloud services for their operations. The agreement covers crucial aspects such as service levels, data protection, security measures, liability limitations, and operational procedures, while ensuring compliance with Dutch legal requirements and EU digital service regulations.
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1. Parties: Identification of the contracting parties including registered addresses and company 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 Description: Detailed description of the cloud services to be provided
5. Service Levels: Performance standards, availability commitments, and service quality metrics
6. Data Protection and Security: GDPR compliance measures, data security commitments, and data processing terms
7. Fees and Payment: Pricing, payment terms, invoicing procedures, and related financial matters
8. Term and Termination: Duration of agreement, renewal terms, and termination conditions
9. Intellectual Property Rights: ownership and usage rights of software, data, and other IP
10. Confidentiality: Protection and handling of confidential information
11. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
12. Force Majeure: Circumstances excusing performance and related procedures
13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for dispute resolution
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
3. Customer Dependencies: Include when service delivery depends on specific customer actions or resources
4. Audit Rights: Include for regulated industries or when customer requires specific audit rights
5. Sub-processors: Include when service provider uses sub-processors for data processing
6. Exit Assistance: Include when complex transition services are needed upon termination
7. Service Credits: Include when financial compensation is offered for service level failures
8. Development Services: Include when custom development or modifications are part of the service
1. Service Level Agreement (SLA): Detailed service levels, measurement methods, and remedies
2. Data Processing Agreement: Detailed GDPR-compliant data processing terms and conditions
3. Technical Specifications: Detailed technical requirements and service specifications
4. Security Requirements: Detailed security measures, protocols, and compliance requirements
5. Pricing Schedule: Detailed pricing, payment terms, and calculation methods
6. Support Services: Details of support levels, response times, and escalation procedures
7. Acceptable Use Policy: Rules and restrictions for use of the cloud services
8. Service Location Details: Information about data centers and service delivery locations
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