Cloud Agreement for the United States

Cloud Agreement Template for United States

A Cloud Agreement is a comprehensive legal document governed by United States federal and state laws that establishes the terms and conditions for cloud computing services. It addresses critical aspects including data protection, security measures, service levels, compliance requirements, and liability provisions. The agreement incorporates various U.S. regulatory requirements such as HIPAA, GLBA, and state-specific data protection laws, while potentially considering international frameworks like GDPR for cross-border data transfers.

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What is a Cloud Agreement?

The Cloud Agreement serves as the primary contractual framework for organizations acquiring cloud computing services in the United States. This document is essential when businesses need to establish clear terms for cloud service delivery, data handling, security protocols, and compliance requirements. The agreement addresses crucial aspects such as service levels, data protection, disaster recovery, and liability allocation, while ensuring compliance with federal and state regulations. It's particularly important given the increasing reliance on cloud services and the complex regulatory landscape surrounding data protection and privacy in the U.S.

What sections should be included in a Cloud Agreement?

1. Parties: Identification of the cloud service provider and customer, including legal entities and contact details

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

3. Definitions: Key terms used throughout the agreement, including technical terminology

4. Services: Detailed description of cloud services, service levels, and performance standards

5. Data Protection and Security: Security measures, data handling procedures, and compliance requirements

6. Payment Terms: Pricing, payment schedule, and billing procedures

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

8. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions

What sections are optional to include in a Cloud Agreement?

1. Professional Services: Additional services like implementation or training - include when additional services beyond standard cloud offering are provided

2. Service Credits: Compensation mechanism for service level failures - include when specific performance guarantees are offered

3. Disaster Recovery: Procedures for system recovery and business continuity - include for enterprise-level agreements or critical services

4. Compliance with Industry Standards: Specific industry compliance requirements - include when serving regulated industries (healthcare, finance)

What schedules should be included in a Cloud Agreement?

1. Service Level Agreement (SLA): Detailed performance metrics and service standards

2. Data Processing Agreement: Detailed terms for processing personal data

3. Security Requirements: Technical and organizational security measures

4. Acceptable Use Policy: Rules and restrictions for service usage

5. Price Schedule: Detailed pricing structure and payment terms

6. Support Services Schedule: Description of support levels and response times

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

GLBA (Gramm-Leach-Bliley Act): Federal law that requires financial institutions to protect customer financial data and explain their information-sharing practices

HIPAA (Health Insurance Portability and Accountability Act): Federal law governing the protection and handling of protected health information (PHI)

COPPA (Children's Online Privacy Protection Act): Federal law that imposes requirements on operators of websites or online services directed to children under 13 years of age

FISMA (Federal Information Security Management Act): Federal law that defines a comprehensive framework to protect government information, operations, and assets against natural or human threats

CISA (Cybersecurity Information Sharing Act): Federal law that promotes the sharing of cybersecurity threat information between private sector and government

FTC Act: Federal law prohibiting unfair or deceptive practices affecting commerce, including data security and privacy practices

ECPA (Electronic Communications Privacy Act): Federal law that extends restrictions on government surveillance of telephone calls to electronic data transmissions

SOX (Sarbanes-Oxley Act): Federal law establishing requirements for financial reporting and corporate accountability

PCI DSS: Industry standard for organizations that handle credit card information to ensure secure payment processing environment

CCPA (California Consumer Privacy Act): California state law providing privacy rights and consumer protection for California residents

VCDPA (Virginia Consumer Data Protection Act): Virginia state law establishing framework for controlling and processing personal data of Virginia residents

Colorado Privacy Act: Colorado state law providing privacy rights and protections for Colorado residents

State Data Breach Notification Laws: Various state-specific laws requiring notification of affected individuals in case of data breaches

GDPR Compliance: European Union regulation consideration if handling EU resident data, including data transfer mechanisms

EU-US Data Privacy Framework: Framework governing transatlantic data flows between the EU and US

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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