Cloud Agreement

Cloud Agreement Template for India

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Key Requirements PROMPT example:

"I need a Cloud Agreement for my fintech startup to provide SaaS banking solutions to Indian banks, ensuring compliance with RBI guidelines and including specific data localization requirements for financial data."

Document background

This Cloud Agreement template is designed for use in the Indian jurisdiction, specifically tailored to comply with the Information Technology Act, 2000 and related regulations. It serves as a comprehensive framework for establishing cloud service relationships between providers and customers, covering essential aspects such as service delivery, data protection, security measures, and regulatory compliance. The agreement is particularly relevant in the context of India's growing digital economy and increasing adoption of cloud services across various sectors. It incorporates specific provisions required by Indian law regarding data protection, privacy, cybersecurity, and consumer protection, while also addressing practical operational requirements for cloud service delivery. This document is essential for organizations looking to either provide or procure cloud services in India, ensuring their arrangements are legally compliant and commercially sound.

Suggested Sections

1. Parties: Identification of the contracting parties including registered addresses and company details

2. Background: Context of the agreement and brief description of the cloud services being provided

3. Definitions: Definitions of technical terms, service-specific terminology, and other key terms used in the agreement

4. Service Provision: Description of cloud services, service levels, and service delivery obligations

5. Payment Terms: Pricing, payment schedule, billing procedures, and related financial terms

6. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and security measures

7. Security Requirements: Security standards, protocols, and compliance requirements for service delivery

8. Service Levels and Support: Service level agreements (SLAs), performance metrics, and support services

9. Intellectual Property Rights: IP ownership, licenses, and usage rights for the service and related content

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

12. Term and Termination: Duration, renewal terms, and termination rights and procedures

13. Force Majeure: Provisions for unforeseen circumstances and force majeure events

14. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for dispute resolution

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Data Localization: Required when dealing with sensitive data or regulated industries requiring data to be stored within India

2. Regulatory Compliance: Needed for regulated industries like financial services or healthcare

3. Disaster Recovery: Optional detailed section for enterprise-level agreements requiring specific disaster recovery commitments

4. Migration Services: Required when including provisions for data migration services to/from the cloud platform

5. Professional Services: Needed when additional implementation or consulting services are provided

6. Insurance Requirements: Required for high-value enterprise agreements or when dealing with sensitive data

7. Anti-Corruption Compliance: Required for international agreements or when dealing with government entities

Suggested Schedules

1. Schedule A - Service Description: Detailed technical specifications of cloud services and features

2. Schedule B - Service Level Agreement: Detailed SLA metrics, measurement methods, and remedies

3. Schedule C - Pricing and Payment Schedule: Detailed pricing structure, rates, and payment terms

4. Schedule D - Security Standards and Protocols: Specific security requirements, certifications, and compliance standards

5. Schedule E - Support Services: Support level definitions, response times, and escalation procedures

6. Schedule F - Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws

7. Schedule G - Acceptable Use Policy: Rules and restrictions for use of the cloud services

8. Appendix 1 - Technical Requirements: Customer's technical requirements and specifications

9. Appendix 2 - Contact Details: Key contacts for both parties for various purposes (technical, administrative, legal)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Education

Telecommunications

Professional Services

Government

Retail

Insurance

Banking

Pharmaceuticals

Media and Entertainment

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Infrastructure

Data Protection

Enterprise Architecture

Vendor Management

Contract Administration

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Manager

Data Protection Officer

Cloud Solutions Architect

IT Infrastructure Manager

Compliance Officer

Risk Manager

Contract Manager

Technology Procurement Specialist

Enterprise Architect

Operations Director

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