This Service Level Agreement For Cloud Services is essential for establishing clear, legally compliant terms between cloud service providers and their customers under German law. It is typically used when implementing cloud-based solutions, whether Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS). The document ensures compliance with German data protection laws, IT security regulations, and contract law while defining specific service levels, performance metrics, and technical requirements. It's particularly important for businesses operating in Germany or serving German customers, as it incorporates necessary provisions from the GDPR, German Federal Data Protection Act (BDSG), and IT Security Law. The agreement includes comprehensive terms for service delivery, data protection, security measures, and support services, making it suitable for both enterprise-level implementations and SME deployments.
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1. Parties: Identification of the cloud service provider and customer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the cloud services being provided
3. Definitions: Detailed definitions of technical terms, service levels, and other key terms used throughout the agreement
4. Service Description: Detailed description of the cloud services, including specific functionalities and features
5. Service Levels: Specific, measurable performance metrics including availability, response times, and reliability standards
6. Support Services: Description of technical support, maintenance, and help desk services
7. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
8. Fees and Payment: Pricing, payment terms, billing cycles, and any variable cost components
9. Data Protection and Security: GDPR/BDSG compliance measures, security protocols, and data handling procedures
10. Intellectual Property Rights: Ownership and usage rights of software, data, and other IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration, renewal terms, and termination conditions
13. Liability and Indemnification: Limitation of liability provisions compliant with German law
14. Force Majeure: Circumstances excusing performance under German law
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Consumer Protection Provisions: Additional provisions required when services are provided to consumers (B2C) rather than businesses
2. Critical Infrastructure Provisions: Additional requirements if the services fall under BSI-Kritisverordnung
3. Audit Rights: Customer rights to audit provider's compliance and security measures, often required for regulated industries
4. Insurance: Insurance requirements, typically included for enterprise customers or high-value services
5. Business Continuity: Disaster recovery and business continuity provisions, optional for non-critical services
6. Migration Services: Terms governing transition in and out of the services, important for complex implementations
1. Service Level Specifications: Detailed technical specifications of service levels, measurement methods, and reporting
2. Technical Requirements: Detailed technical specifications, system requirements, and compatibility requirements
3. Security Standards: Detailed security measures, protocols, and compliance requirements
4. Data Processing Agreement: Mandatory GDPR Article 28 data processing terms
5. Support Process: Detailed support procedures, escalation paths, and contact information
6. Pricing Schedule: Detailed pricing information, including variable costs and calculation methods
7. Exit Management Plan: Procedures and requirements for service termination and data migration
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