A Cloud Services Contract is essential for organizations in Nigeria seeking to formalize their cloud computing arrangements while ensuring compliance with local regulations. This document is used when an organization wants to procure cloud services, whether Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS). It includes crucial elements such as service level agreements, data protection provisions compliant with NDPR, security requirements, and specific obligations for both provider and customer. The contract is particularly important given Nigeria's growing digital economy and the need to ensure cloud services align with local content requirements under NITDA guidelines while maintaining international service standards.
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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 and brief description of the cloud services to be provided
3. Definitions: Definitions of key terms used throughout the agreement, including technical terminology specific to cloud services
4. Service Description: Detailed description of the cloud services, including scope, functionality, and access methods
5. Service Levels: Specific service level commitments, availability guarantees, and performance metrics
6. Data Protection and Security: Obligations regarding data protection under NDPR, security measures, and data handling procedures
7. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
8. Provider Obligations: Provider's commitments, including service delivery, support, and maintenance
9. Charges and Payment: Pricing, payment terms, invoicing, and any variable charging mechanisms
10. Intellectual Property Rights: Ownership and licensing of IP, including customer data and service components
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration, renewal terms, and termination rights
13. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
14. Force Majeure: Events beyond reasonable control and their impact on service obligations
15. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Local Content Requirements: Section addressing NITDA local content requirements, used when the service provider needs to demonstrate compliance with Nigerian content development guidelines
2. Disaster Recovery: Detailed disaster recovery and business continuity provisions, used for critical services or when required by customer
3. Change Control: Procedures for implementing changes to services or contract terms, used for complex or long-term engagements
4. Audit Rights: Customer's rights to audit provider's compliance and security measures, used for regulated industries or sensitive data processing
5. Third-Party Services: Terms governing integration with third-party services, used when the solution involves multiple service providers
6. Data Migration: Terms for migration of data at contract start and end, used when significant data transfer is involved
7. Training and Support: Detailed training and support obligations, used for complex systems requiring user training
1. Service Description Schedule: Detailed technical specifications of the cloud services
2. Service Level Agreement: Detailed SLA metrics, measurement methods, and remedies
3. Pricing Schedule: Detailed pricing structure, including variable components and calculation methods
4. Security Requirements: Specific security controls, standards, and compliance requirements
5. Data Processing Agreement: Detailed terms for personal data processing in compliance with NDPR
6. Support Services Schedule: Support level definitions, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services
8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
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