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Cloud Framework Agreement

Cloud Framework Agreement Template for Australia

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Key Requirements PROMPT example:

Cloud Framework Agreement

"I need a Cloud Framework Agreement for a financial services company based in Sydney, providing software-as-a-service to banks and credit unions, with specific provisions for APRA compliance and data sovereignty requirements, planned for implementation in March 2025."

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Document background
This Cloud Framework Agreement is designed for use in the Australian market where organizations are increasingly adopting cloud-based solutions for their business operations. It serves as a master agreement between cloud service providers and their customers, establishing the overarching legal and commercial framework for cloud service delivery. The document addresses key aspects including service levels, data protection, security requirements, and commercial terms, while ensuring compliance with Australian legislation including the Privacy Act 1988, Consumer Law, and relevant industry regulations. It is structured to accommodate various cloud service models (IaaS, PaaS, SaaS) through modular schedules and can be adapted for different industry sectors while maintaining core legal protections and service standards.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, ACN/ABN, and registered addresses

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

3. Definitions: Comprehensive definitions of terms used throughout the agreement, including technical cloud-specific terminology

4. Service Provision: Core obligations regarding the provision of cloud services, including service scope and activation process

5. Access and Use Rights: Terms governing access to and use of the cloud services, including user licensing and restrictions

6. Data Protection and Security: Obligations regarding data handling, privacy compliance, and security measures in accordance with Australian law

7. Service Levels: Core service level commitments and remedies for failure to meet these commitments

8. Charges and Payment: Pricing structure, payment terms, and billing procedures

9. Intellectual Property Rights: Ownership and licensing of IP in the services, customer data, and any derivatives

10. Confidentiality: Protection of confidential information exchanged between parties

11. Liability and Indemnities: Limitation of liability provisions and indemnification obligations

12. Term and Termination: Duration of agreement, renewal provisions, and termination rights

13. Force Majeure: Events excusing performance and related procedures

14. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices

Optional Sections

1. Professional Services: Include when implementation, configuration, or consulting services are part of the offering

2. Disaster Recovery: Include for mission-critical services requiring specific disaster recovery commitments

3. Data Migration: Include when services include migration of customer data from existing systems

4. Third-Party Integration: Include when services require integration with third-party applications

5. Training and Support: Include when specific training or enhanced support services are offered

6. Compliance with Industry Standards: Include for regulated industries requiring specific compliance commitments

7. Data Analytics: Include when provider offers data analytics services on customer data

8. Geographic Restrictions: Include when services are limited to specific geographic regions or data centers

Suggested Schedules

1. Service Description: Detailed technical description of cloud services, features, and specifications

2. Service Level Agreement: Detailed service levels, measurement methods, and service credits

3. Pricing Schedule: Detailed pricing models, rates, and calculation methodologies

4. Security Standards: Specific security protocols, certifications, and compliance requirements

5. Support Services: Support tier descriptions, response times, and escalation procedures

6. Data Processing Agreement: Detailed data handling procedures and privacy compliance requirements

7. Acceptable Use Policy: Rules and restrictions governing use of the cloud services

8. Business Continuity Plan: Disaster recovery and business continuity procedures

9. Exit Plan: Procedures for service termination and transition assistance

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptable Use Policy
Account
API
Authorised User
Australian Privacy Principles
Business Day
Business Hours
Change Control Process
Charges
Cloud Services
Confidential Information
Configuration
Customer
Customer Data
Data Breach
Data Center
Data Processing Agreement
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Excusing Event
Exit Plan
Force Majeure Event
Good Industry Practice
Harmful Code
Implementation Services
Intellectual Property Rights
Law
Maintenance Window
Metadata
Multi-Factor Authentication
Notice
Personal Information
Platform
Professional Services
Prohibited Content
Provider
Related Bodies Corporate
Renewal Term
Representatives
Response Time
Security Requirements
Service Credits
Service Levels
Service Level Agreement
Service Period
Services
Scheduled Maintenance
Software
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
User Credentials
Virus
Clauses
Service Provision
Access Rights
User Licensing
Service Levels
Service Credits
Availability
Data Protection
Data Security
Data Processing
Privacy Compliance
Confidentiality
Intellectual Property
Payment
Pricing
Invoicing
Performance Standards
Support Services
Maintenance
Implementation
Training
Documentation
Audit Rights
Monitoring
Reporting
Warranties
Representations
Indemnification
Limitation of Liability
Insurance
Force Majeure
Business Continuity
Disaster Recovery
Term
Renewal
Termination
Suspension Rights
Exit Assistance
Data Migration
Security Breach
Change Management
Subcontracting
Assignment
Compliance with Laws
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Variations
Severability
Third Party Rights
Relevant Industries

Information Technology

Financial Services

Healthcare

Government

Education

Retail

Manufacturing

Professional Services

Telecommunications

Media and Entertainment

Energy and Utilities

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Operations

Digital Transformation

Vendor Management

Enterprise Architecture

Data Protection

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Cloud Solutions Architect

Information Security Manager

Data Protection Officer

Contract Manager

Enterprise Architect

Technology Operations Manager

Vendor Management Director

Risk and Compliance Manager

Digital Transformation Lead

Industries
Privacy Act 1988 (Cth): Primary legislation governing privacy and data protection in Australia, including the Australian Privacy Principles (APPs) which are crucial for cloud service providers handling personal information
Competition and Consumer Act 2010 (including Australian Consumer Law): Governs business conduct and consumer protection, including unfair contract terms, consumer guarantees, and business-to-business transactions
Electronic Transactions Act 1999: Provides legal framework for electronic transactions and ensures electronic contracts have the same validity as paper contracts
Security of Critical Infrastructure Act 2018: Relevant if the cloud services involve critical infrastructure or systems of national significance, including data storage and processing facilities
Telecommunications Act 1997: May apply to cloud service providers who are considered carriage service providers or provide telecommunications services
Copyright Act 1968: Relevant for protecting intellectual property rights in cloud services and digital content
Spam Act 2003: Governs electronic communications and marketing practices which may be relevant for cloud service communications
State-specific Privacy Laws: Various state-level privacy laws that might apply depending on the location of service provision and data storage
Notifiable Data Breaches Scheme: Part of the Privacy Act requiring mandatory data breach notification, crucial for cloud service providers handling personal information
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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