The Cloud Subscription Agreement serves as the primary contractual framework for organizations providing cloud-based services in Germany. It is essential for businesses offering Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS), or Infrastructure-as-a-Service (IaaS) solutions to German customers. The agreement must comply with German legal requirements, including the Civil Code (BGB), data protection laws (GDPR and BDSG), and IT security regulations (IT-SiG). This document is particularly crucial when establishing long-term cloud service relationships, defining service levels, ensuring data protection compliance, and managing liability risks under German law. It should be used whenever a cloud service provider begins offering services to German customers or when existing agreements need to be updated to reflect current legal requirements.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of the cloud services being provided
3. Definitions: Detailed definitions of technical terms, service-related terminology, and contract-specific concepts
4. Service Provision: Detailed description of the cloud services, access rights, and service specifications
5. Service Levels: Performance metrics, availability commitments, and response times
6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
7. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods
8. Data Protection and Security: GDPR compliance, data processing terms, and security measures
9. Intellectual Property Rights: Ownership of data, software, and other IP elements
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Contract duration, renewal terms, and termination rights
12. Liability and Warranties: Limitation of liability, warranty terms compliant with German law
13. Force Majeure: Circumstances excusing performance under German law
14. Final Provisions: Governing law, jurisdiction, severability, and entire agreement clauses
1. Consumer Protection Provisions: Additional protective clauses required when offering services to consumers (B2C)
2. Professional Services: Terms for additional implementation, training, or consulting services if offered
3. High-Risk Applications: Special terms for use in high-risk or regulated environments
4. Reseller Provisions: Additional terms if the agreement allows for reselling of services
5. Multi-Tenant Provisions: Specific terms for shared infrastructure environments
6. Business Continuity: Extended provisions for business continuity and disaster recovery if required
7. Insurance Requirements: Specific insurance obligations for high-value or high-risk services
1. Service Description: Detailed technical specifications and service descriptions
2. Service Level Agreement: Detailed SLA metrics, measurements, and remedies
3. Price List: Detailed pricing, including tiered pricing and optional services
4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures
5. Security Requirements: Detailed security protocols and compliance requirements
6. Support Services: Description of support levels and procedures
7. Acceptable Use Policy: Detailed rules for service usage and restrictions
8. Exit Management: Detailed procedures for service termination and data migration
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