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Cloud Managed Services Agreement

Cloud Managed Services Agreement Template for South Africa

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Key Requirements PROMPT example:

Cloud Managed Services Agreement

"I need a Cloud Managed Services Agreement for my financial services company based in Cape Town, with strict data protection clauses and disaster recovery requirements, where we'll be engaging a provider to manage our private cloud infrastructure starting March 2025."

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Document background
The Cloud Managed Services Agreement is designed for use in the South African market where organizations seek to formalize their engagement with providers of cloud-based IT services. This document becomes necessary when a business wants to outsource the management, maintenance, and support of their cloud infrastructure and applications to a specialized service provider. It addresses critical aspects such as service levels, data protection (particularly under POPIA), security requirements, and operational procedures. The agreement is structured to comply with South African legislation, including the Electronic Communications and Transactions Act, the Consumer Protection Act, and cybersecurity regulations. It provides comprehensive coverage of service delivery specifications, performance metrics, data handling requirements, and risk allocation between parties, while maintaining flexibility to accommodate various cloud service models and business requirements.
Suggested Sections

1. Parties: Identifies and provides full legal details of the contracting parties (service provider and customer)

2. Background: Sets out the context of the agreement and brief description of the services to be provided

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. Service Provider Obligations: Details the core obligations of the service provider in delivering the cloud services

5. Customer Obligations: Specifies the customer's responsibilities and required cooperation

6. Service Levels: Defines the performance standards and metrics for the services

7. Fees and Payment: Details the pricing structure, payment terms, and billing procedures

8. Data Protection and Security: Addresses POPIA compliance, data security measures, and data handling requirements

9. Intellectual Property Rights: Establishes ownership and usage rights of IP in the services and customer data

10. Confidentiality: Sets out obligations regarding protection of confidential information

11. Term and Termination: Specifies duration, renewal terms, and termination rights

12. Limitation of Liability: Defines the scope and limits of each party's liability

13. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery

14. Dispute Resolution: Establishes procedures for resolving disputes

15. General Provisions: Contains standard boilerplate clauses like notices, assignment, and governing law

Optional Sections

1. Business Continuity and Disaster Recovery: Include when the customer requires specific disaster recovery commitments

2. Change Control: Include for complex services requiring formal change management procedures

3. Audit Rights: Include when customer requires rights to audit service provider's operations

4. Anti-Bribery and Corruption: Include for high-value contracts or when dealing with public sector customers

5. Third-Party Service Providers: Include when subcontractors or third-party services are part of the solution

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

7. Insurance: Include when specific insurance requirements need to be documented

8. Source Code Escrow: Include when customer requires access to source code in specific circumstances

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of cloud services, functionalities, and technical specifications

2. Schedule 2 - Service Levels and Service Credits: Detailed SLA metrics, measurement methods, and service credit calculations

3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing 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 specifications, protocols, and compliance requirements

6. Schedule 6 - Data Processing Agreement: Detailed POPIA compliance measures and data processing terms

7. Schedule 7 - Exit Plan: Transition and termination assistance services

8. Appendix A - Technical Infrastructure: Details of technical infrastructure and system requirements

9. Appendix B - Authorized Personnel: List of key personnel and contact details for both parties

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

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

Insurance

Mining

Energy

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Finance

Operations

Technical Operations

Service Delivery

Infrastructure

Data Protection

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Information Security Manager

Cloud Services Manager

IT Operations Manager

Risk Manager

Compliance Officer

Data Protection Officer

Contract Manager

Technical Operations Director

Chief Financial Officer

IT Infrastructure Manager

Service Delivery 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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