This Cloud Services Agreement template is designed for use in cloud computing arrangements governed by Maltese law, where one party provides cloud-based services to another. It is particularly relevant for businesses operating in or from Malta, or those seeking to comply with Maltese and EU regulatory requirements. The agreement covers essential aspects including service delivery, performance standards, data protection under GDPR, security measures, and risk allocation. It incorporates specific provisions required by Maltese law while addressing typical cloud service concerns such as service availability, data handling, confidentiality, and incident response. This template is suitable for various cloud service models (SaaS, PaaS, IaaS) and can be customized based on the specific service offering and business requirements.
Cloud Services Agreement for Malta
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Key Requirements PROMPT example:
Cloud Services Agreement
"I need a Cloud Services Agreement for my fintech startup to provide SaaS banking software to financial institutions in Malta, with strong emphasis on GDPR compliance and financial services regulations, planned to launch in March 2025."
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and brief description of the services
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Services: Detailed description of cloud services to be provided
5. Service Levels: Performance standards, availability commitments, and remedies
6. Customer Obligations: Customer responsibilities and acceptable use policies
7. Charges and Payment: Pricing, payment terms, and billing procedures
8. Data Protection and Security: GDPR compliance, data processing terms, and security measures
9. Intellectual Property Rights: IP ownership, licenses, and restrictions
10. Confidentiality: Protection of confidential information
11. Term and Termination: Duration, renewal, and termination provisions
12. Limitation of Liability: Liability caps and exclusions
13. Force Majeure: Events beyond reasonable control
14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Professional Services: Include when additional implementation or consulting services are provided
2. Service Credits: Include when specific financial remedies for service level failures are offered
3. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
4. Third Party Services: Include when third-party services or integrations are part of the solution
5. Insurance: Include when specific insurance requirements are needed
6. Audit Rights: Include for regulated customers or when required by industry standards
7. Anti-Bribery and Corruption: Include for high-value contracts or public sector customers
8. Change Control: Include when formal change management procedures are required
1. Service Description: Detailed technical specifications of the cloud services
2. Service Level Agreement: Detailed service levels, measurements, and remedies
3. Pricing Schedule: Detailed pricing, payment terms, and calculation methods
4. Support Services: Support level descriptions, response times, and procedures
5. Data Processing Agreement: GDPR-compliant data processing terms and details
6. Security Requirements: Detailed security specifications and requirements
7. Business Continuity Plan: Disaster recovery and business continuity procedures
8. Exit Plan: Service transition and termination assistance procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Professional Services
Education
Government
Telecommunications
Retail
Insurance
Banking
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Risk Management
Operations
Finance
Data Protection
Technical Operations
Vendor Management
Cloud Infrastructure
Service Delivery
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Data Protection Officer
Cloud Services Manager
Compliance Officer
Contract Manager
Enterprise Architect
Chief Digital Officer
IT Operations Manager
Risk Manager
Technology Procurement Specialist
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