Cloud Services Agreement Template for United States

A Cloud Services Agreement lays out the rules when your business uses cloud-based software, storage, or computing services in the Philippines. It spells out how you can use the provider's systems, what security measures they'll maintain, and where your data will be stored - crucial details under the Data Privacy Act of 2012.

These contracts typically cover service availability guarantees, data handling procedures, and what happens if things go wrong. For Filipino businesses, they're especially important because they need to follow strict data residency rules and make sure customer information stays protected. The agreement also details payment terms, service levels, and both parties' rights to end the relationship.

Put a Cloud Services Agreement in place before moving any business operations to cloud platforms like Microsoft Azure, AWS, or local Filipino providers. This becomes essential when handling sensitive customer data, processing payments, or storing employee records - activities governed by the Data Privacy Act and BSP cybersecurity regulations.

Timing is crucial - have the agreement ready before uploading data or starting cloud-based operations. This protects your company from service disruptions, data breaches, and compliance issues. It's particularly important when working with international providers to ensure they'll meet Philippine data residency requirements and security standards.

• IaaS Agreements: Focus on infrastructure services like servers and storage, with detailed uptime guarantees and resource allocation terms under Philippine regulations
• SaaS Agreements: Cover software services accessed via web browsers, emphasizing data security, user access controls, and compliance with local privacy laws
• PaaS Agreements: Detail platform services for developers, including API usage rights and development environment specifications
• Hybrid Cloud Agreements: Address mixed use of public and private cloud services, crucial for regulated industries like banking and healthcare in the Philippines
• Multi-Cloud Agreements: Structure relationships with multiple providers while maintaining consistent security and compliance standards

• Cloud Service Providers: Major tech companies and local Filipino hosting providers who supply the cloud infrastructure and draft the initial agreement terms
• Corporate Legal Teams: In-house lawyers who review and negotiate Cloud Services Agreements to protect their company's interests
• IT Managers: Technical leads who specify service requirements and monitor compliance with performance standards
• Data Protection Officers: Ensure agreements meet Philippine Data Privacy Act requirements and maintain regulatory compliance
• Business Unit Heads: Department leaders who authorize cloud service usage and oversee operational implementation
• Finance Directors: Review pricing structures and approve payment terms within the agreements

• Service Requirements: List your exact cloud computing needs, including storage capacity, user numbers, and performance requirements
• Data Mapping: Document what types of data you'll store and process to ensure compliance with Philippine privacy laws
• Security Standards: Outline required security measures, especially for sensitive data under BSP guidelines
• Performance Metrics: Define acceptable uptime percentages, response times, and service level expectations
• Budget Parameters: Calculate total cost implications, including setup fees, usage charges, and potential scaling costs
• Exit Strategy: Plan data migration and service transition procedures for contract termination
• Compliance Checklist: Review Data Privacy Act requirements and industry-specific regulations

• Service Description: Detailed scope of cloud services, including technical specifications and performance standards
• Data Protection: Compliance measures with the Data Privacy Act, including data location and security protocols
• Service Levels: Guaranteed uptime, response times, and compensation for service failures
• Payment Terms: Fee structure, billing cycles, and currency specifications following BSP guidelines
• Security Measures: Required safeguards, breach notification procedures, and incident response plans
• Termination Rights: Clear conditions for ending the agreement and data retrieval procedures
• Dispute Resolution: Philippine law as governing law and local arbitration provisions
• Force Majeure: Events beyond reasonable control affecting service delivery

A Cloud Services Agreement differs significantly from a Managed Services Agreement in several key aspects, though both involve technology services. Understanding these differences is crucial for Philippine businesses making technology procurement decisions.

• Service Scope: Cloud agreements focus specifically on remote computing resources and data storage, while managed services cover broader IT support, including on-premises systems and equipment
• Data Location: Cloud agreements must address data residency under Philippine privacy laws, whereas managed services typically handle data within company premises
• Access Rights: Cloud agreements emphasize virtual access and security protocols, while managed services include physical access to IT infrastructure
• Scalability Terms: Cloud agreements include flexible resource allocation and scaling provisions, but managed services typically have fixed service scopes
• Compliance Focus: Cloud agreements heavily emphasize data protection and BSP cybersecurity guidelines, while managed services prioritize operational continuity and support levels