The Cloud Agreement serves as the primary contractual framework for organizations acquiring cloud computing services in the United States. This document is essential when businesses need to establish clear terms for cloud service delivery, data handling, security protocols, and compliance requirements. The agreement addresses crucial aspects such as service levels, data protection, disaster recovery, and liability allocation, while ensuring compliance with federal and state regulations. It's particularly important given the increasing reliance on cloud services and the complex regulatory landscape surrounding data protection and privacy in the U.S.
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1. Parties: Identification of the cloud service provider and customer, including legal entities and contact details
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Key terms used throughout the agreement, including technical terminology
4. Services: Detailed description of cloud services, service levels, and performance standards
5. Data Protection and Security: Security measures, data handling procedures, and compliance requirements
6. Payment Terms: Pricing, payment schedule, and billing procedures
7. Term and Termination: Duration of agreement, renewal terms, and termination conditions
8. Liability and Indemnification: Limitation of liability, warranties, and indemnification provisions
1. Professional Services: Additional services like implementation or training - include when additional services beyond standard cloud offering are provided
2. Service Credits: Compensation mechanism for service level failures - include when specific performance guarantees are offered
3. Disaster Recovery: Procedures for system recovery and business continuity - include for enterprise-level agreements or critical services
4. Compliance with Industry Standards: Specific industry compliance requirements - include when serving regulated industries (healthcare, finance)
1. Service Level Agreement (SLA): Detailed performance metrics and service standards
2. Data Processing Agreement: Detailed terms for processing personal data
3. Security Requirements: Technical and organizational security measures
4. Acceptable Use Policy: Rules and restrictions for service usage
5. Price Schedule: Detailed pricing structure and payment terms
6. Support Services Schedule: Description of support levels and response times
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