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Cloud Master Agreement

Cloud Master Agreement Template for Australia

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Key Requirements PROMPT example:

Cloud Master Agreement

"I need a Cloud Master Agreement for my fintech company based in Sydney, with strong emphasis on data protection and security compliance, particularly addressing requirements for handling financial data and integration with third-party payment processors."

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Document background
The Cloud Master Agreement serves as the foundational contract for organizations engaging in cloud service relationships within the Australian jurisdiction. This document is essential when establishing a long-term cloud services arrangement, whether for Infrastructure as a Service (IaaS), Platform as a Service (PaaS), or Software as a Service (SaaS) offerings. It addresses critical aspects such as data sovereignty, privacy compliance under Australian law, security requirements, service level commitments, and risk allocation between parties. The agreement is designed to comply with Australian regulations while providing flexibility to accommodate various cloud service models and specific customer requirements through its modular structure of schedules and appendices.
Suggested Sections

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

2. Background: Context of the agreement and general overview of the cloud services relationship

3. Definitions: Detailed definitions of terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement, renewal terms, and termination rights

6. Fees and Payment: Pricing, payment terms, invoicing, and related financial obligations

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

8. Security Requirements: Security standards, protocols, and breach notification procedures

9. Service Levels: Service level commitments, metrics, and remedies for failure

10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Disclaimers: Service warranties and limitations

13. Liability and Indemnification: Limitation of liability and indemnification obligations

14. Force Majeure: Events excusing performance and related procedures

15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

Optional Sections

1. Professional Services: Include when additional implementation, training, or consulting services are provided

2. Disaster Recovery: Include when specific disaster recovery obligations are required beyond standard service levels

3. Data Migration: Include when services include migration of customer data to or from the cloud environment

4. Audit Rights: Include when customer requires specific audit or compliance verification rights

5. Insurance: Include when specific insurance requirements are needed beyond standard coverage

6. Third-Party Services: Include when third-party services or integrations are part of the solution

7. Export Control: Include when services involve cross-border data transfers or international service delivery

8. Competition Law Compliance: Include when parties are competitors or in regulated industries

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications of cloud services and functionality

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

3. Pricing Schedule: Detailed pricing, payment terms, and fee calculations

4. Security Schedule: Detailed security requirements, protocols, and compliance standards

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

6. Support Services Schedule: Support level definitions, response times, and escalation procedures

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

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

9. Change Control Procedure: Process for implementing changes to services or agreement terms

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
Access Credentials
Affiliate
API
Authorized User
Business Day
Business Hours
Change Control Process
Cloud Services
Confidential Information
Configuration
Customer
Customer Data
Data Breach
Data Center
Data Processing Agreement
Data Protection Laws
Disaster Recovery Plan
Documentation
Emergency Maintenance
Fees
Force Majeure Event
Good Industry Practice
Harmful Code
Intellectual Property Rights
Interface
Law
Maintenance Window
Metadata
Notice
Operating Environment
Parties
Personal Information
Platform
Privacy Laws
Professional Services
Provider
Related Body Corporate
Scheduled Maintenance
Security Requirements
Service Credits
Service Level Agreement
Service Levels
Services
Software
Subscription Term
Support Services
System
Term
Third-Party Materials
Updates
Upgrades
User Documentation
Virus
Clauses
Interpretation
Scope of Services
Service Access Rights
Service Levels
Data Protection
Data Security
Privacy Compliance
Service Availability
Payment Terms
Fee Adjustments
Performance Monitoring
Change Management
Maintenance
Support Services
User Access
Acceptable Use
Intellectual Property
Confidentiality
Data Backup
Disaster Recovery
Business Continuity
Audit Rights
Compliance
Warranties
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination Rights
Exit Management
Data Migration
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Amendments
Entire Agreement
Severability
Survival
Third Party Rights
Relevant Industries

Information Technology

Financial Services

Healthcare

Government

Education

Retail

Manufacturing

Professional Services

Telecommunications

Media and Entertainment

Energy and Utilities

Insurance

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Technical Support

Account Management

Solutions Architecture

Data Management

Vendor Management

Relevant Roles

Chief Information Officer

Chief Technology Officer

Chief Legal Officer

IT Director

Cloud Services Manager

Information Security Manager

Procurement Manager

Legal Counsel

Compliance Officer

Risk Manager

IT Operations Manager

Technical Account Manager

Contract Manager

Data Protection Officer

Enterprise Architect

Solutions Architect

Industries
Privacy Act 1988 (Cth): Governs the handling of personal information by businesses and federal government agencies, including the Australian Privacy Principles (APPs) which are crucial for cloud service providers handling personal data
Security of Critical Infrastructure Act 2018: Relevant if the cloud services involve critical infrastructure or systems of national significance, requiring specific security obligations and incident reporting
Competition and Consumer Act 2010 (including Australian Consumer Law): Sets out consumer protections and fair trading provisions that apply to cloud service agreements, including unfair contract terms and consumer guarantees
Electronic Transactions Act 1999: Provides the legal framework for electronic transactions and digital signatures, relevant for cloud service agreements executed electronically
Telecommunications Act 1997: May apply to cloud services that involve telecommunications services or facilities, including data transmission
Copyright Act 1968: Relevant for protecting intellectual property rights in cloud services and data stored in the cloud
Spam Act 2003: Governs electronic communications and must be considered if the cloud service involves sending commercial electronic messages
Cybercrime Act 2001: Relevant for security provisions and obligations regarding unauthorized access to data stored in the cloud
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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