The Cloud Master Agreement serves as the foundational legal framework for organizations seeking to establish a long-term relationship for cloud service provision in Canada. This document is essential when a business plans to utilize cloud services for data storage, processing, or application hosting, and requires comprehensive terms that comply with Canadian federal and provincial regulations. The agreement addresses crucial elements such as data protection under PIPEDA, provincial privacy laws, security standards, service level commitments, and data residency requirements. It's particularly important for organizations handling sensitive data or operating in regulated industries, as it establishes clear protocols for data handling, breach notification, and service provider accountability. The Cloud Master Agreement typically serves as an umbrella agreement under which specific service orders or statements of work can be executed.
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1. Parties: Identification of contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Services Overview: High-level description of cloud services to be provided
5. Service Level Commitments: Core service levels, availability commitments, and performance metrics
6. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and security measures
7. Security Requirements: Security standards, protocols, and compliance requirements
8. Fees and Payment Terms: Pricing structure, payment terms, and billing procedures
9. Term and Termination: Duration of agreement, renewal terms, and termination provisions
10. Intellectual Property Rights: IP ownership, licenses, and usage rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Representations: Standard warranties regarding services and performance
13. Limitation of Liability: Liability caps and exclusions
14. Indemnification: Mutual indemnification obligations
15. Force Majeure: Provisions for unforeseen circumstances and service interruptions
16. Governing Law and Jurisdiction: Application of Canadian law and jurisdiction for disputes
17. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Professional Services: Include when implementation, training, or consulting services are part of the offering
2. Data Residency Requirements: Include for clients requiring data storage in specific jurisdictions
3. Disaster Recovery: Include for clients requiring specific disaster recovery commitments
4. Change Management: Include when formal change management procedures are required
5. Audit Rights: Include for clients requiring specific audit capabilities
6. Insurance Requirements: Include when specific insurance coverage needs to be maintained
7. Service Credits: Include when offering financial credits for service level failures
8. Third-Party Services Integration: Include when third-party services are part of the solution
9. Data Migration: Include when data migration services are provided
10. Exit Assistance: Include when transition assistance is required upon termination
1. Schedule A - Service Description: Detailed description of cloud services, features, and functionality
2. Schedule B - Service Level Agreement: Detailed service levels, metrics, measurement methods, and remedies
3. Schedule C - Support Services: Support tiers, response times, and escalation procedures
4. Schedule D - Security Standards: Detailed security protocols, certifications, and compliance measures
5. Schedule E - Pricing and Payment Terms: Detailed fee structure, rates, and payment conditions
6. Schedule F - Data Processing Agreement: Specific terms for processing personal and sensitive data
7. Schedule G - Acceptable Use Policy: Rules and restrictions for use of cloud services
8. Schedule H - Technical Requirements: Technical specifications and requirements for service access
9. Appendix 1 - Authorized Subsidiaries: List of affiliated entities authorized to use the services
10. Appendix 2 - Contact Information: Key contacts for technical, administrative, and legal matters
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