This Cloud Computing Agreement is designed for use in the Australian market where organizations are increasingly moving their IT infrastructure and services to the cloud. The document serves as a critical framework for establishing the legal and operational relationship between cloud service providers and their customers. It addresses key requirements under Australian law, including privacy obligations under the Privacy Act 1988, consumer protections under the Australian Consumer Law, and cybersecurity requirements. The agreement is particularly relevant given Australia's strict data protection regime and the growing emphasis on data sovereignty. It includes comprehensive provisions for service levels, security measures, data handling, and risk allocation, making it suitable for both domestic and international cloud service providers operating in Australia.
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1. Parties: Identification of the cloud service provider and customer, including registered addresses and company details
2. Background: Context of the agreement, including brief description of the services and parties' objectives
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Services: Description of cloud services, including scope, delivery method, and service constraints
5. Service Levels: Performance standards, availability commitments, and remedies for service failures
6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
7. Fees and Payment: Pricing, payment terms, billing cycles, and fee adjustment mechanisms
8. Data Protection and Security: Data handling obligations, security measures, and compliance with privacy laws
9. Intellectual Property Rights: Ownership and usage rights of software, data, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Agreement duration, renewal terms, and termination rights
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
13. Force Majeure: Events excusing performance and related procedures
14. General Provisions: Standard legal terms including governing law, dispute resolution, and notices
1. Professional Services: Additional implementation, configuration, or consulting services if provided
2. Disaster Recovery: Specific disaster recovery and business continuity provisions if required
3. Change Management: Procedures for implementing changes to services or terms if needed
4. Audit Rights: Customer rights to audit provider's security and compliance if required
5. Data Migration: Terms governing migration of data in and out of the service if specifically needed
6. Multi-tenant Provisions: Specific terms for shared infrastructure if relevant
7. Industry-Specific Compliance: Additional compliance terms for regulated industries
8. Reseller Provisions: Additional terms if the agreement includes reseller arrangements
1. Schedule 1 - Service Description: Detailed technical specifications of cloud services and components
2. Schedule 2 - Service Level Agreement: Detailed service levels, measurement methods, and service credits
3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, rates, and payment calculations
4. Schedule 4 - Security Requirements: Specific security controls, standards, and compliance requirements
5. Schedule 5 - Support Services: Support level definitions, response times, and escalation procedures
6. Schedule 6 - Data Processing Agreement: Detailed data handling and privacy protection requirements
7. Schedule 7 - Acceptable Use Policy: Detailed rules and restrictions for service usage
8. Appendix A - Technical Requirements: Customer's technical requirements and compatibility specifications
9. Appendix B - Service Locations: List of data center locations and service delivery points
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