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Cloud Computing Agreement

Cloud Computing Agreement Template for Switzerland

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Key Requirements PROMPT example:

Cloud Computing Agreement

"I need a Cloud Computing Agreement for my fintech startup based in Zurich, acting as the customer, to contract with a major SaaS provider for our core banking platform, with specific focus on FINMA compliance and data protection requirements."

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Document background
This Cloud Computing Agreement template is designed for use under Swiss law when establishing a formal relationship between a cloud service provider and a customer. It is particularly relevant when organizations need to outsource their computing infrastructure, platform, or software services while ensuring compliance with Swiss legal requirements, particularly the Federal Data Protection Act (FADP/DSG) and the Code of Obligations. The agreement covers essential elements such as service specifications, data protection, security measures, service levels, and liability provisions. It is structured to accommodate various cloud service models (IaaS, PaaS, SaaS) while maintaining flexibility for specific business requirements. The document includes necessary provisions for cross-border data transfers and considers potential implications of EU GDPR where relevant to Swiss businesses.
Suggested Sections

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 quality metrics

6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements

7. Fees and Payment: Pricing, payment terms, billing cycles, and related financial provisions

8. Data Protection and Security: Data handling obligations, security measures, and compliance with privacy laws

9. Intellectual Property Rights: IP ownership, licenses, and usage rights

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration, renewal, termination rights, and exit procedures

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

13. Force Majeure: Events excusing performance and related procedures

14. General Provisions: Standard contractual provisions including governing law, jurisdiction, and notices

Optional Sections

1. Professional Services: Additional implementation, configuration, or consulting services if required

2. Disaster Recovery: Specific disaster recovery and business continuity provisions if required beyond standard service levels

3. Financial Sector Compliance: Additional provisions for financial sector customers subject to FINMA regulations

4. Insurance: Specific insurance requirements if needed beyond standard coverage

5. Customer Data Migration: Specific provisions for data migration services if required

6. Audit Rights: Enhanced audit and compliance verification rights for regulated customers

7. Sub-processors: Detailed provisions regarding the use and management of sub-processors if relevant

Suggested Schedules

1. Service Description: Detailed technical specifications of the cloud services

2. Service Level Agreement: Detailed service levels, metrics, and remedies

3. Pricing Schedule: Detailed pricing, payment terms, and calculation methods

4. Security Requirements: Detailed security standards, measures, and protocols

5. Data Processing Agreement: Detailed data processing terms compliant with FADP/GDPR

6. Support Services: Description of support levels, procedures, and contact details

7. Acceptable Use Policy: Detailed rules and restrictions for service usage

8. Business Continuity Plan: Disaster recovery and business continuity procedures

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

Financial Services

Healthcare

Insurance

Technology

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

Pharmaceutical

Energy

Transport and Logistics

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Data Protection

Operations

Infrastructure

Vendor Management

Relevant Roles

Chief Information Officer

Chief Technology Officer

Chief Legal Officer

IT Director

Privacy Officer

Data Protection Officer

Procurement Manager

IT Security Manager

Contract Manager

Legal Counsel

Cloud Infrastructure Manager

Information Security Officer

Risk Manager

Compliance Officer

Technical Operations 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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