This Cloud Agreement template is designed for organizations seeking to establish a legally compliant framework for cloud service provision under Dutch law. It is particularly relevant for businesses operating in the Netherlands or those seeking to engage Dutch customers or providers. The agreement addresses critical aspects of cloud service delivery including service levels, data protection, security measures, and performance standards. It incorporates requirements from the Dutch Civil Code, the GDPR, and other relevant Dutch and EU regulations. The Cloud Agreement is structured to accommodate various cloud service models (SaaS, PaaS, IaaS) while maintaining compliance with Dutch legal requirements and market practices. It includes comprehensive provisions for data processing, security protocols, and service level commitments, making it suitable for both standard cloud service arrangements and more complex implementations requiring customization.
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1. Parties: Identification of the contracting parties including registered details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Provision: Description of cloud services, scope, and delivery terms
5. Service Levels: Performance standards, availability commitments, and remedies
6. Customer Obligations: Customer responsibilities and acceptable use policies
7. Data Protection: GDPR compliance, data processing terms, and security measures
8. Intellectual Property: IP rights, licenses, and restrictions
9. Confidentiality: Protection of confidential information and trade secrets
10. Fees and Payment: Pricing, payment terms, and invoicing procedures
11. Term and Termination: Duration, renewal, and termination provisions
12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations
13. Force Majeure: Circumstances excusing performance
14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Professional Services: Include when additional implementation or consulting services are provided
2. Audit Rights: Include for regulated customers or when handling sensitive data
3. Business Continuity: Include for critical services or when required by customer's regulatory obligations
4. Sub-processors: Include when provider uses third-party sub-processors for service delivery
5. Export Control: Include when services involve cross-border data transfers or regulated technology
6. Insurance: Include when specific insurance coverage requirements apply
7. Source Code Escrow: Include when customer requires access to source code upon specified trigger events
1. Service Description: Detailed technical specifications of cloud services
2. Service Level Agreement: Detailed performance metrics, measurement methods, and service credits
3. Security Requirements: Security standards, certifications, and controls
4. Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Pricing Schedule: Detailed pricing, payment terms, and calculation methods
6. Support Services: Support levels, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules for service usage and restrictions
8. Exit Plan: Procedures for service termination and data migration
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