This Cloud Agreement template is designed for use in South Africa when establishing a contractual relationship between cloud service providers and their customers. It is particularly relevant in today's digital transformation landscape where businesses increasingly rely on cloud services for their operations. The agreement incorporates essential elements required under South African law, including compliance with the Protection of Personal Information Act (POPIA), the Electronic Communications and Transactions Act (ECTA), and the Consumer Protection Act (CPA). It covers crucial aspects such as service specifications, data protection, security measures, service levels, and liability allocation. The document is structured to accommodate various cloud service models (IaaS, PaaS, SaaS) while maintaining compliance with local regulatory requirements and international best practices.
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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, nature of cloud services being provided, and general objectives
3. Definitions: Definitions of technical terms, service-specific terminology, and contract interpretation guidelines
4. Service Description: Detailed description of cloud services, including type (IaaS/PaaS/SaaS), features, and functionality
5. Service Levels: Performance metrics, availability commitments, and remedies for service level failures
6. Data Protection and Privacy: POPIA compliance measures, data handling procedures, and privacy safeguards
7. Security Requirements: Security standards, protocols, and measures for protecting cloud services and data
8. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
9. Fees and Payment: Pricing structure, payment terms, and billing procedures
10. Intellectual Property: IP rights allocation, licensing terms, and restrictions on use
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Contract duration, renewal terms, and termination rights
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Business Continuity and Disaster Recovery: Details of backup, recovery, and business continuity procedures. Include when dealing with enterprise customers or critical services
2. Professional Services: Terms for additional services like implementation, training, or consulting. Include when offering services beyond standard cloud offering
3. Reseller Provisions: Terms for reselling or white-labeling services. Include when working with partners or resellers
4. Multi-Tenancy: Specific provisions for shared infrastructure and resource allocation. Include for public cloud services
5. Compliance with Industry Standards: Specific compliance requirements for regulated industries. Include when serving financial, healthcare, or other regulated sectors
6. Data Migration: Terms for importing and exporting customer data. Include when significant data migration is part of the service
1. Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and service credits
2. Technical Specifications: Detailed technical specifications of the cloud service, including infrastructure details and technical requirements
3. Pricing Schedule: Detailed pricing information, including usage tiers, additional services, and pricing adjustments
4. Security Standards and Protocols: Detailed security requirements, certifications, and compliance standards
5. Personal Information Processing Terms: Detailed POPIA compliance terms including processing purposes, security measures, and cross-border transfer requirements
6. Support Services Description: Details of support levels, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services
8. Exit Plan: Procedures and requirements for service termination and transition
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