A Cloud Service Agreement is essential for organizations seeking to establish a legally compliant framework for cloud service provision under Austrian law. This document is typically used when a service provider offers cloud-based solutions to customers in Austria or when Austrian law is chosen as the governing law. The agreement must comply with multiple regulatory requirements, including the Austrian Civil Code (ABGB), Data Protection Act (DSG), E-Commerce Act (ECG), and EU regulations such as GDPR. It covers critical aspects such as service specifications, data processing terms, security measures, service levels, and liability provisions. The document is particularly important given Austria's strict data protection requirements and the need to address specific local legal requirements while aligning with EU-wide 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 services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of the cloud services, including scope, functionality, and access methods
5. Service Levels: Performance standards, availability commitments, and remedies for failure to meet service levels
6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection and Security: GDPR compliance, data processing terms, security measures, and data handling obligations
9. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of the service and related materials
10. Confidentiality: Protection of confidential information, permitted uses, and disclosure obligations
11. Liability and Indemnification: Limitation of liability, exclusions, and indemnification obligations
12. Term and Termination: Contract duration, renewal terms, termination rights, and consequences of termination
13. Force Majeure: Events excusing performance and related procedures
14. General Provisions: Standard legal provisions including governing law, jurisdiction, entire agreement, and amendments
1. Insurance: Insurance requirements - include when dealing with enterprise customers or high-risk services
2. Audit Rights: Customer audit provisions - include for enterprise customers or regulated industries
3. Business Continuity: Disaster recovery and business continuity requirements - include for business-critical services
4. Professional Services: Terms for additional implementation or consulting services - include if offering professional services
5. Service Credits: Financial compensation scheme for service level failures - include for enterprise services
6. Third-Party Services: Terms relating to third-party integrations - include if the service incorporates third-party components
7. Compliance with Industry Standards: Specific industry compliance requirements - include for regulated industries
1. Service Level Agreement (SLA): Detailed service levels, measurement methods, and remedies
2. Data Processing Agreement: Detailed GDPR-compliant data processing terms and technical/organizational measures
3. Technical Specifications: Detailed technical specifications of the cloud service
4. Support Services: Description of support levels, response times, and escalation procedures
5. Security Requirements: Detailed security requirements and procedures
6. Pricing Schedule: Detailed pricing, including different service tiers and additional services
7. Acceptable Use Policy: Detailed rules for acceptable use of the service
8. Service Implementation Plan: Timeline and responsibilities for service implementation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Media and Entertainment
Insurance
E-commerce
Logistics
Real Estate
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Data Protection
Operations
Risk Management
Vendor Management
Technical Operations
Service Delivery
Contract Management
Relevant Roles
Chief Technology Officer
Chief Information Officer
Chief Legal Officer
Data Protection Officer
IT Director
Procurement Manager
Contract Manager
Information Security Manager
Cloud Services Manager
Legal Counsel
Compliance Officer
IT Security Officer
Technical Account Manager
Service Delivery Manager
Risk Manager
Privacy Officer
Operations Director
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