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Cloud Managed Services Agreement

Cloud Managed Services Agreement Template for Australia

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Key Requirements PROMPT example:

Cloud Managed Services Agreement

"I need a Cloud Managed Services Agreement for my fintech company based in Sydney, with strict data security provisions and compliance with APRA requirements, to engage a provider for managing our cloud infrastructure and providing 24/7 support services starting March 2025."

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Document background
The Cloud Managed Services Agreement is essential for organizations engaging external providers to manage their cloud infrastructure and related services in Australia. This document is typically used when a business wants to outsource the management, maintenance, and optimization of their cloud-based systems and applications to a specialized service provider. The agreement covers critical aspects such as service scope, performance metrics, security requirements, data protection obligations, and compliance with Australian regulations. It's particularly important given Australia's robust data protection regime and the increasing focus on critical infrastructure security. The document includes comprehensive terms for service delivery, support levels, incident response, and risk allocation, making it suitable for both standard cloud services and complex enterprise-wide implementations.
Suggested Sections

1. Parties: Identification of the service provider and customer, including their registered addresses and company details

2. Background: Context of the agreement, including brief description of the services and parties' objectives

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

4. Services Scope: Detailed description of cloud managed services to be provided, including core functionalities and service boundaries

5. Service Provider Obligations: Key responsibilities and commitments of the service provider, including service delivery, support, and maintenance

6. Customer Obligations: Customer responsibilities, including access provision, cooperation requirements, and usage limitations

7. Service Levels: Service level commitments, measurement metrics, and remedies for non-achievement

8. Security Requirements: Security measures, protocols, and compliance requirements for service delivery

9. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and data security measures

10. Intellectual Property Rights: Ownership and usage rights of IP, including pre-existing IP and newly created materials

11. Charges and Payment: Fee structure, payment terms, and billing procedures

12. Term and Termination: Agreement duration, renewal terms, and termination rights and procedures

13. Liability and Indemnities: Limitation of liability, indemnification obligations, and risk allocation

14. Dispute Resolution: Process for resolving disputes between parties

15. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Professional Services: Include when additional professional services like consulting or custom development are part of the arrangement

2. Transition Services: Include when specific provisions for service transition in or out are required

3. Disaster Recovery: Include when specific disaster recovery services are part of the managed services offering

4. Change Management: Include when formal change management procedures need to be documented

5. Third-Party Services: Include when third-party services or products are integrated into the solution

6. Export Control: Include when services involve cross-border data transfers or international service delivery

7. Industry-Specific Compliance: Include when services are provided to regulated industries requiring specific compliance measures

8. Service Credits: Include when financial credits are offered for service level failures

9. Hardware Provisions: Include when physical hardware is provided as part of the managed services

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications of all cloud managed services

2. Schedule 2 - Service Levels: Detailed service level metrics, measurement methods, and reporting requirements

3. Schedule 3 - Pricing and Payment: Detailed fee structure, rates, and payment terms

4. Schedule 4 - Support Services: Support level definitions, response times, and escalation procedures

5. Schedule 5 - Security Requirements: Detailed security protocols, compliance requirements, and security measures

6. Schedule 6 - Data Processing Agreement: Specific terms for personal data processing and privacy compliance

7. Schedule 7 - Service Implementation Plan: Timeline and milestones for service implementation

8. Schedule 8 - Authorized Personnel: List of key personnel and roles from both parties

9. Appendix A - Technical Requirements: Customer's technical environment specifications and requirements

10. Appendix B - Business Continuity Plan: Procedures for maintaining service continuity during disruptions

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions













































Clauses








































Relevant Industries

Information Technology

Financial Services

Healthcare

Government

Education

Retail

Manufacturing

Professional Services

Telecommunications

Energy and Utilities

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Service Delivery

Vendor Management

Digital Transformation

Infrastructure

Solution Architecture

Finance

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Cloud Services Manager

Information Security Manager

Procurement Manager

Legal Counsel

Compliance Officer

Operations Director

Service Delivery Manager

Risk Manager

Technical Architecture Manager

Vendor Management Lead

Digital Transformation Director

Infrastructure Manager

Industries










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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