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Cloud Service Agreement Template for Malaysia

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Key Requirements PROMPT example:

Cloud Service Agreement

"I need a Cloud Service Agreement for my fintech company to provide SaaS banking solutions to Malaysian financial institutions, with specific provisions for data security compliance with Bank Negara Malaysia requirements and cross-border data transfer restrictions."

Document background
This Cloud Service Agreement is essential for organizations providing or procuring cloud computing services in Malaysia. It establishes the contractual framework for cloud service delivery while ensuring compliance with Malaysian legal requirements, including the Personal Data Protection Act 2010, Computer Crimes Act 1997, and relevant telecommunications regulations. The agreement is designed to address critical aspects such as data protection, service levels, security measures, and operational requirements, making it suitable for both public and private cloud deployments. It incorporates necessary provisions for data sovereignty, cross-border data transfers, and cybersecurity compliance, while clearly defining the rights, obligations, and liabilities of both service providers and customers in the Malaysian context.
Suggested Sections

1. Parties: Identification of the cloud service provider and customer, including registration details and addresses

2. Background: Context of the agreement and brief description of the cloud 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 and specifications

5. Service Levels: Performance metrics, availability commitments, and service level objectives

6. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with PDPA 2010

7. Fees and Payment: Pricing structure, payment terms, and billing procedures

8. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

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

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations

12. Force Majeure: Provisions for unforeseen circumstances and force majeure events

13. Governing Law: Application of Malaysian law and jurisdiction

Optional Sections

1. Data Processing Agreement: Detailed data processing terms when handling personal data as a data processor

2. Business Continuity: Disaster recovery and business continuity provisions for critical services

3. Migration Services: Terms for data migration services at the beginning or end of the contract

4. Professional Services: Additional implementation, training, or consulting services

5. Reseller Terms: Additional terms for reselling cloud services to third parties

6. Multi-tenant Provisions: Specific terms for shared infrastructure environments

7. Compliance with Industry Standards: Specific compliance requirements for regulated industries

Suggested Schedules

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

2. Technical Specifications: Detailed technical requirements and specifications

3. Security Requirements: Specific security controls and compliance requirements

4. Pricing Schedule: Detailed pricing, payment terms, and fee calculations

5. Support Services: Description of support levels and procedures

6. Data Processing Details: Specific details about data processing activities and security measures

7. Acceptable Use Policy: Rules and restrictions for use of the cloud services

8. Service Credits: Calculation and application of service credits for SLA breaches

Authors

Alex Denne

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

Relevant legal definitions







































Clauses






























Relevant Industries

Technology

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Government

Telecommunications

E-commerce

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Operations

Technical Operations

Digital Transformation

Vendor Management

Infrastructure

Cloud Operations

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Cloud Solutions Architect

Legal Counsel

Procurement Manager

Information Security Manager

Compliance Officer

Data Protection Officer

Contract Manager

IT Operations Manager

Risk Manager

Technical Operations Director

Chief Digital Officer

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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