This Cloud Agreement template is designed for use in the Austrian market where cloud service providers need to ensure compliance with both Austrian national law and EU regulations. The document is particularly relevant when establishing cloud service relationships that involve data processing, storage, or software services delivery within Austrian jurisdiction. It includes comprehensive provisions for data protection under GDPR, service level commitments, security requirements, and liability frameworks specific to Austrian law. The agreement is structured to accommodate various cloud service models (SaaS, PaaS, IaaS) while maintaining compliance with Austrian consumer protection laws, data protection requirements, and telecommunications regulations.
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1. Parties: Identification of the contracting parties - the cloud service provider and the customer
2. Background: Context of the agreement and brief description of the cloud services being provided
3. Definitions: Definitions of key terms used throughout the agreement, including technical terminology
4. Service Provision: Description of cloud services, scope, and implementation
5. Customer Obligations: Customer responsibilities, including acceptable use policies and compliance requirements
6. Provider Obligations: Provider's commitments, including service delivery, support, and maintenance
7. Data Protection: GDPR compliance, data processing terms, and data security measures
8. Security Requirements: Security standards, protocols, and compliance measures
9. Service Levels: Service level commitments, measurement, and remedies
10. Charges and Payment: Pricing, payment terms, and billing procedures
11. Intellectual Property: IP rights, licenses, and restrictions
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions
14. Term and Termination: Contract duration, renewal, termination rights, and consequences
15. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Professional Services: Include when additional implementation, configuration, or consulting services are provided
2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
3. Migration Services: Include when data migration services are part of the offering
4. Regulatory Compliance: Include for specific industry regulations (e.g., financial services, healthcare)
5. Multi-tenant Provisions: Include for shared cloud infrastructure services
6. Sub-processors: Include when provider uses sub-processors for service delivery
7. Insurance Requirements: Include for high-value or high-risk services
1. Service Description: Detailed technical specifications of cloud services
2. Service Level Agreement: Detailed SLA metrics, measurement methods, and service credits
3. Pricing Schedule: Detailed pricing, payment terms, and fee calculations
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Support Services: Support level descriptions, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules for service usage and restrictions
8. Business Continuity Plan: Disaster recovery and business continuity procedures
9. Exit Plan: Transition assistance and data return procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Media and Entertainment
Energy and Utilities
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Data Protection
Operations
Finance
Enterprise Architecture
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Data Protection Officer
Procurement Manager
IT Security Manager
Cloud Services Manager
Information Security Officer
Contract Manager
Technology Procurement Specialist
Privacy Counsel
IT Compliance Manager
Enterprise Architect
Cloud Solutions Architect
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