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Cloud Master Agreement

Cloud Master Agreement Template for Philippines

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Key Requirements PROMPT example:

Cloud Master Agreement

"I need a Cloud Master Agreement for a financial services company based in Manila, with strict data residency requirements and compliance with BSP regulations, planned to be effective from March 2025."

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Document background
The Cloud Master Agreement serves as the primary contractual framework for organizations seeking to establish or receive cloud services within the Philippine jurisdiction. This document is essential when implementing cloud-based solutions and services, providing comprehensive coverage of service terms, data protection requirements, and operational parameters. It specifically addresses compliance with Philippine regulations, including the Data Privacy Act of 2012 and the E-commerce Act, while incorporating international best practices for cloud service delivery. The agreement is designed to protect both service providers and customers while ensuring clear delineation of responsibilities, service levels, and risk allocation in cloud service arrangements.
Suggested Sections

1. Parties: Identification of the cloud service provider and customer, including their legal status and registered addresses

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Detailed definitions of technical terms, service-related concepts, and other important terms used throughout the agreement

4. Service Provision: Description of cloud services, service levels, and service delivery terms

5. Data Protection and Security: Obligations regarding data privacy, security measures, and compliance with Philippine Data Privacy Act

6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements

7. Fees and Payment: Pricing structure, payment terms, and billing procedures

8. Intellectual Property Rights: Ownership and usage rights of software, data, and other intellectual property

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Limitation of Liability: Liability caps and exclusions in compliance with Philippine law

12. Force Majeure: Provisions for unforeseen circumstances and force majeure events

13. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction for dispute resolution

Optional Sections

1. Professional Services: Additional implementation, configuration, or consulting services if offered

2. Disaster Recovery: Specific disaster recovery and business continuity provisions, recommended for critical services

3. Service Credits: Compensation scheme for service level failures, used in premium service offerings

4. Insurance: Specific insurance requirements, typically included for enterprise customers

5. Anti-Corruption: Additional compliance provisions for government or regulated industry customers

6. Data Migration: Terms for data transfer in and out of the service, important for large-scale implementations

7. Audit Rights: Customer rights to audit provider's compliance and security measures, often required by regulated industries

Suggested Schedules

1. Service Level Agreement (SLA): Detailed service levels, performance metrics, and measurement methodologies

2. Service Description: Technical specifications and detailed description of cloud services

3. Security Standards: Detailed security requirements, protocols, and compliance measures

4. Data Processing Agreement: Specific terms for personal data processing in compliance with the Data Privacy Act

5. Pricing Schedule: Detailed pricing information, rate cards, and charging metrics

6. Support Services: Description of support levels, response times, and escalation procedures

7. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services

8. Business Continuity Plan: Detailed procedures for service continuity and disaster recovery

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptable Use Policy
Affiliate
Agreement
Authorized Users
Business Day
Confidential Information
Cloud Services
Customer Data
Customer Personal Data
Data Center
Data Protection Law
Data Subject
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Implementation Services
Malicious Code
Maintenance Window
Personal Information
Personal Information Controller
Personal Information Processor
Professional Services
Permitted Purpose
Production Environment
Regular Maintenance
Regulatory Requirements
Service Credits
Service Level Agreement
Service Level Failure
Services
Software
Subscription Term
Support Services
System Administrator
Technical Support
Term
Third Party Services
Usage Data
User Authentication
Virus
Vulnerability
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Compliance
Insurance
Notice
Amendments
Severability
Entire Agreement
Third Party Rights
Data Processing
Service Access
Security Requirements
Disaster Recovery
Business Continuity
Change Management
Performance Monitoring
Service Credits
Exit Management
Data Migration
Anti-Corruption
Regulatory Compliance
Relevant Industries

Information Technology

Financial Services

Healthcare

Education

E-commerce

Manufacturing

Business Process Outsourcing

Government

Telecommunications

Professional Services

Retail

Insurance

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Operations

Finance

Data Protection

Enterprise Architecture

Relevant Roles

Chief Information Officer

Chief Technology Officer

Legal Counsel

IT Director

Procurement Manager

Data Protection Officer

Information Security Manager

Cloud Architecture Manager

IT Operations Manager

Compliance Officer

Risk Manager

Contract Manager

Technology Procurement Specialist

Enterprise Architect

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): Governs the collection, processing, and storage of personal data, requiring compliance with data privacy principles and security measures for data protection
Electronic Commerce Act of 2000 (Republic Act No. 8792): Provides legal recognition of electronic documents and signatures, governing the validity of electronic transactions and contracts
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Addresses cybersecurity concerns and computer-related offenses, relevant for data security provisions in cloud agreements
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and interests, including provisions on fair business practices and consumer protection in digital transactions
Intellectual Property Code (Republic Act No. 8293): Protects intellectual property rights, crucial for defining ownership and usage rights of data and software in cloud services
National Privacy Commission's Circulars and Guidelines: Implementing rules and regulations for data privacy and protection, including specific guidelines for cloud service providers
BSP Circular No. 808, Series of 2013: Guidelines on Information Technology Risk Management for BSP-Supervised Institutions, relevant if the cloud services involve financial institutions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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