This Cloud Service Agreement template is designed for use in cloud computing arrangements governed by Maltese law. It is particularly suitable for businesses providing or procuring cloud services within Malta's jurisdiction or involving Maltese entities. The agreement comprehensively addresses key aspects including service delivery, data protection, security measures, and service levels, while ensuring compliance with Malta's legal framework and EU regulations, particularly GDPR. The document incorporates necessary provisions for both Software-as-a-Service (SaaS) and Infrastructure-as-a-Service (IaaS) arrangements, with flexibility to adapt to specific service models. It's structured to protect both provider and customer interests while maintaining alignment with industry standards and regulatory requirements.
Cloud Service Agreement for Malta
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Key Requirements PROMPT example:
Cloud Service Agreement
"I need a Cloud Service Agreement under Maltese law for a SaaS platform providing financial services software to banks, with strict data protection measures and specific provisions for 24/7 service availability targeting a March 2025 launch."
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1. Parties: Identification of the cloud service provider and customer, including registration details and addresses
2. Background: Context of the agreement and brief description of the cloud services being provided
3. Definitions: Defined terms used throughout the agreement, including technical terms specific to cloud services
4. Service Provision: Core obligations regarding the provision of cloud services, including scope and service descriptions
5. Service Levels: Service level commitments, measurement methods, and remedies for failure
6. Customer Obligations: Customer responsibilities, including acceptable use policies and compliance requirements
7. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
8. Data Protection: GDPR compliance, data processing terms, and privacy obligations
9. Security: Security requirements, protocols, and incident response procedures
10. Intellectual Property: IP rights, licenses, and restrictions on use of the service and content
11. Confidentiality: Protection of confidential information and trade secrets
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and risk allocation
13. Term and Termination: Contract duration, renewal terms, and termination rights
14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Professional Services: Additional section for implementation, training, or consulting services if offered alongside cloud services
2. Service Credits: Detailed service credit regime if offering financial compensation for service level failures
3. Disaster Recovery: Specific disaster recovery obligations beyond standard service levels where required for critical services
4. Compliance: Industry-specific compliance requirements for regulated sectors (e.g., financial services, healthcare)
5. Multi-tenant Provisions: Specific provisions for shared infrastructure environments where relevant
6. Insurance: Detailed insurance requirements for high-value or high-risk services
7. Sub-processors: Specific provisions regarding the appointment and management of sub-processors where customer approval is required
1. Service Description: Detailed technical description of the cloud services, features, and functionality
2. Service Levels: Detailed service level metrics, measurement methods, and reporting requirements
3. Pricing Schedule: Detailed pricing structure, including usage tiers and additional services
4. Security Requirements: Detailed security protocols, standards, and compliance requirements
5. Data Processing Agreement: GDPR-compliant data processing terms and details
6. Support Services: Description of support levels, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services
8. Business Continuity Plan: Disaster recovery and business continuity procedures
9. Exit Plan: Procedures and requirements for service termination and data migration
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Retail
Manufacturing
Education
Government
Telecommunications
Media and Entertainment
Insurance
Banking
E-commerce
Logistics
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Risk Management
Operations
Data Protection
Vendor Management
Contract Management
Technical Operations
Cloud Infrastructure
Relevant Roles
Chief Technology Officer
Chief Information Officer
Chief Legal Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Data Protection Officer
Cloud Services Manager
IT Operations Manager
Compliance Officer
Contract Manager
Risk Manager
Technology Procurement Specialist
Information Technology Manager
Privacy Officer
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