This Cloud Services Agreement is designed for use when an organization (the Customer) wishes to procure cloud-based services from a service provider in Australia. The agreement provides a comprehensive framework for cloud service delivery, covering essential elements such as service specifications, performance standards, data handling, security measures, and compliance requirements. It is specifically tailored to meet Australian legal and regulatory requirements, including the Privacy Act 1988 (Cth), the Security of Critical Infrastructure Act 2018, and the Australian Consumer Law. The agreement is suitable for various cloud service models (SaaS, PaaS, IaaS) and includes necessary provisions for data protection, service levels, support, and liability allocation. It serves as a foundational document for establishing and managing the ongoing relationship between cloud service providers and their customers while ensuring appropriate risk allocation and regulatory compliance.
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1. Parties: Identification of the cloud service provider and customer, including ABN/ACN and registered addresses
2. Background: Context of the agreement, brief description of the services, and purpose of the contract
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Service Provision: Core obligations regarding the provision of cloud services, including scope and service levels
5. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
7. Data Protection and Privacy: Obligations regarding personal data handling, privacy compliance, and data security measures
8. Security Requirements: Security standards, protocols, and breach notification procedures
9. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of provider and customer IP
10. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms
11. Service Levels and Support: Service level agreements, performance metrics, and technical support provisions
12. Term and Termination: Contract duration, renewal terms, and termination rights and procedures
13. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
14. Dispute Resolution: Process for resolving disputes, including mediation and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Professional Services: Additional implementation, customization, or consulting services if required
2. Disaster Recovery: Detailed disaster recovery and business continuity provisions for critical services
3. Data Migration: Terms governing the migration of data to and from the cloud service
4. Audit Rights: Customer rights to audit provider's security and compliance, typically for regulated industries
5. Multi-tenancy: Specific provisions for shared infrastructure environments
6. Change Management: Procedures for implementing service or system changes
7. Regulatory Compliance: Industry-specific compliance requirements (e.g., for financial services or healthcare)
8. Sub-processors: Terms governing the use and management of third-party service providers
9. Service Credits: Financial compensation scheme for service level failures
1. Schedule 1 - Service Description: Detailed technical specifications of cloud services and features
2. Schedule 2 - Service Levels: Detailed SLA metrics, measurement methods, and reporting requirements
3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Schedule 5 - Security Standards: Specific security requirements, protocols, and compliance standards
6. Schedule 6 - Data Processing Terms: Detailed data handling procedures and privacy requirements
7. Schedule 7 - Acceptable Use Policy: Permitted and prohibited uses of the cloud services
8. Schedule 8 - Business Continuity Plan: Disaster recovery procedures and business continuity measures
9. Appendix A - Technical Requirements: Customer's technical requirements and specifications
10. Appendix B - Service Locations: Geographic locations of data centers and service delivery points
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Government
Education
Retail
Manufacturing
Professional Services
Telecommunications
Media and Entertainment
Energy and Utilities
Mining and Resources
Non-profit Organizations
Insurance
Legal Services
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk and Compliance
Finance
Operations
Digital Transformation
Infrastructure
Data Privacy
Vendor Management
Enterprise Architecture
Cloud Operations
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Procurement Manager
Legal Counsel
Information Security Manager
Privacy Officer
Risk Manager
Compliance Officer
Contract Manager
Cloud Solutions Architect
IT Operations Manager
Chief Financial Officer
Technical Operations Director
Data Protection Officer
Vendor Management Officer
Chief Digital Officer
Enterprise Architect
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