The Cloud Services Agreement is designed for use in the Austrian market when establishing a contractual relationship between cloud service providers and their customers. This agreement is essential when organizations wish to procure cloud-based services, whether Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS). It addresses critical aspects such as service levels, data protection under GDPR, security requirements, and risk allocation, while ensuring compliance with Austrian legal requirements and EU regulations. The document is particularly important given the increasing adoption of cloud services and the need to clearly define responsibilities, service standards, and data handling practices in accordance with Austrian and EU law.
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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. Services: Detailed description of the cloud services to be provided, including scope and implementation
5. Service Levels: Performance standards, availability commitments, and response times
6. Customer Obligations: Customer responsibilities, including acceptable use policies and compliance requirements
7. Fees and Payment: Pricing, payment terms, invoicing, and related financial provisions
8. Data Protection and Security: GDPR compliance, data processing terms, and security measures
9. Intellectual Property: IP rights, licenses, and restrictions on use of the services
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal, and termination provisions
12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances and force majeure events
14. General Provisions: Miscellaneous 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. Insurance: Include when specific insurance requirements need to be detailed
4. Service Credits: Include when service level failures trigger financial compensations
5. Audit Rights: Include for regulated industries or when customer requires specific audit rights
6. Multi-tenant Provisions: Include when service is provided in a multi-tenant environment
7. Exit Assistance: Include when transition assistance is required upon termination
1. Service Description Schedule: Detailed technical specifications of the cloud services
2. Service Level Agreement: Detailed service levels, measurement methods, and remedies
3. Data Processing Agreement: GDPR-compliant data processing terms and details
4. Security Requirements: Detailed security measures, protocols, and compliance requirements
5. Pricing Schedule: Detailed pricing, payment terms, and calculation methods
6. Support Services Schedule: Support level descriptions and procedures
7. Acceptable Use Policy: Detailed rules and restrictions for service usage
8. Business Continuity Plan: Disaster recovery and business continuity procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Insurance
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Vendor Management
Data Protection
Infrastructure
Cloud Operations
Enterprise Architecture
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Data Protection Officer
Procurement Manager
IT Security Manager
Cloud Infrastructure Manager
Compliance Officer
Contract Manager
Enterprise Architect
Information Security Officer
Risk Manager
Vendor Manager
Operations Director
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