Cloud Agreement

Cloud Agreement Template for Indonesia

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Key Requirements PROMPT example:

"I need a Cloud Agreement for my Jakarta-based fintech company to provide SaaS services to Indonesian banks, ensuring compliance with Bank Indonesia regulations and including data localization requirements for a planned launch in March 2025."

Document background

This Cloud Agreement template is designed for use in the Indonesian market, where cloud computing services are subject to specific regulatory requirements including data protection, electronic systems operation, and sector-specific regulations. The agreement is essential for organizations providing or procuring cloud services in Indonesia, addressing crucial aspects such as data sovereignty, security requirements, and compliance with Law No. 27 of 2022 on Personal Data Protection. It includes provisions for service levels, data handling, security measures, and dispute resolution under Indonesian jurisdiction. The document is particularly important given Indonesia's strict requirements for electronic system operators and data localization rules, making it suitable for both domestic and international cloud service providers operating in the Indonesian market.

Suggested Sections

1. Parties: Identification of the cloud service provider and customer, including their legal status and registered addresses

2. Background: Context of the agreement, nature of cloud services, and general intent of the parties

3. Definitions: Definitions of technical terms, service-specific terminology, and other key terms used in the agreement

4. Service Description: Detailed description of the cloud services, including type of service (IaaS/PaaS/SaaS), features, and specifications

5. Service Access and Usage Rights: Terms governing access to and use of the cloud services, including user accounts and access credentials

6. Data Protection and Privacy: Compliance with Indonesian data protection laws, data handling procedures, and privacy requirements

7. Security Requirements: Security measures, standards, and compliance requirements under Indonesian regulations

8. Service Levels: Service level commitments, performance metrics, and remedies for failure to meet SLAs

9. Fees and Payment: Pricing, payment terms, billing cycles, and related financial provisions

10. Term and Termination: Duration of agreement, renewal terms, and termination rights and procedures

11. Intellectual Property: IP rights, ownership of data, and licensing terms

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

14. Force Majeure: Events excusing performance and related procedures

15. Governing Law and Dispute Resolution: Indonesian law as governing law and dispute resolution procedures

Optional Sections

1. Data Localization Requirements: Required when services involve public sector data or specific regulated industries requiring data to be stored in Indonesia

2. Disaster Recovery: Optional detailed section for enterprise customers requiring specific disaster recovery commitments

3. Migration Services: Include when the provider offers data migration services to/from the cloud platform

4. Professional Services: Required when additional implementation, training, or consulting services are provided

5. Financial Services Compliance: Include when serving financial institutions to address Bank Indonesia regulations

6. Insurance Requirements: Optional section specifying required insurance coverage, particularly for enterprise customers

7. Anti-Corruption Compliance: Required for government contracts or when dealing with public sector entities

Suggested Schedules

1. Service Level Agreement (SLA): Detailed service levels, measurement methods, and service credits

2. Technical Specifications: Detailed technical specifications of the cloud services and infrastructure

3. Security Standards and Procedures: Detailed security requirements, protocols, and compliance standards

4. Data Processing Agreement: Detailed terms for personal data processing in compliance with Indonesian data protection law

5. Pricing Schedule: Detailed pricing, including usage tiers, additional services, and special rates

6. Support Services Description: Details of support levels, response times, and escalation procedures

7. Acceptable Use Policy: Rules and restrictions regarding use of the cloud services

8. Exit Plan: Procedures for service termination, data retrieval, and transition assistance

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Education

Government

Telecommunications

Retail

Professional Services

Insurance

Media and Entertainment

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Infrastructure

Solutions Architecture

Data Protection

Vendor Management

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Legal Counsel

Compliance Officer

Procurement Manager

Information Security Manager

Data Protection Officer

Cloud Infrastructure Manager

IT Operations Manager

Contract Manager

Risk Manager

Technical Architect

Solutions Architect

IT Security Officer

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