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Cloud Platform Enterprise Agreement

Cloud Platform Enterprise Agreement Template for Australia

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Key Requirements PROMPT example:

Cloud Platform Enterprise Agreement

"I need a Cloud Platform Enterprise Agreement for my fintech company that will be using a cloud provider's services to process financial data, with strict data sovereignty requirements ensuring all data stays in Australia and compliance with APRA regulations."

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Document background
The Cloud Platform Enterprise Agreement serves as the primary contractual framework for organizations seeking to establish a comprehensive relationship with a cloud service provider in Australia. This agreement is specifically designed for enterprise-scale cloud service implementations, addressing the complexities of modern cloud computing arrangements while ensuring compliance with Australian legal requirements, including the Privacy Act 1988 (Cth) and related regulations. It is particularly suited for large-scale deployments where organizations require robust service level commitments, clear data protection protocols, and detailed operational procedures. The agreement encompasses essential elements such as service specifications, security standards, data handling requirements, and risk allocation, while providing flexibility to accommodate specific enterprise requirements through detailed schedules and appendices.
Suggested Sections

1. Parties: Identification of the contracting parties - the cloud service provider and the enterprise customer

2. Background: Context of the agreement, including the nature of services and general intent of the parties

3. Definitions: Comprehensive list of defined terms used throughout the agreement

4. Service Provision: Core obligations regarding the provision of cloud services, including scope and access rights

5. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements

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

7. Security Requirements: Security standards, protocols, and incident response procedures

8. Service Levels: Service level commitments, performance metrics, and remedies for non-compliance

9. Fees and Payment: Pricing structure, payment terms, and billing procedures

10. Intellectual Property: IP rights, licenses, and restrictions on use of the platform and content

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnities: Limitation of liability, indemnification obligations, and risk allocation

13. Term and Termination: Duration, renewal, termination rights, and consequences of termination

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

Optional Sections

1. Professional Services: Additional terms for implementation, training, or consulting services if offered

2. Disaster Recovery: Specific disaster recovery and business continuity requirements for high-availability customers

3. Compliance with Industry Standards: Additional compliance requirements for regulated industries (e.g., healthcare, financial services)

4. Multi-jurisdiction Operations: Specific provisions for customers operating across multiple jurisdictions

5. White Labeling: Terms for customers who wish to rebrand the platform for their own clients

6. Data Migration: Specific terms for customers requiring data migration services

7. Third-Party Integrations: Terms governing integration with third-party services and applications

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications of the cloud platform and services

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

3. Schedule 3 - Pricing and Payment Terms: Detailed fee structure, pricing tiers, and payment specifics

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

5. Schedule 5 - Support Services: Support tier details, response times, and escalation procedures

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

7. Schedule 7 - Acceptable Use Policy: Detailed rules and restrictions for platform usage

8. Appendix A - Technical Requirements: Customer's minimum technical requirements for accessing the platform

9. Appendix B - Authorized Users: Categories of authorized users and their access rights

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
Authorized Users
Australian Privacy Principles
Business Day
Business Hours
Confidential Information
Cloud Platform
Cloud Services
Customer Data
Customer Materials
Data Breach
Data Controller
Data Processor
Data Processing Agreement
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Intellectual Property Rights
Implementation Services
Initial Term
Laws
Maintenance Window
Malicious Code
Material Breach
Personal Information
Platform
Professional Services
Prohibited Content
Related Bodies Corporate
Renewal Term
Representatives
Security Requirements
Sensitive Information
Service Credits
Service Levels
Service Level Agreement
Services
Scheduled Maintenance
Software
Specifications
Subscription Term
Support Services
System Requirements
Term
Third-Party Components
Third-Party Services
Updates
Upgrades
User Data
Virus
Clauses
Service Provision
License Grant
Access Rights
Data Protection
Data Security
Privacy Compliance
Service Levels
Support Services
Fees and Payment
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Acceptable Use
Security Requirements
Disaster Recovery
Business Continuity
Audit Rights
Compliance with Laws
Insurance
Dispute Resolution
Assignment
Subcontracting
Notice
Governing Law
Data Breach Notification
Service Credits
Performance Monitoring
Change Management
Exit Assistance
Personnel
Records and Reports
Third Party Rights
Entire Agreement
Amendment
Severability
Counterparts
Relevant Industries

Technology

Financial Services

Healthcare

Government

Education

Retail

Manufacturing

Professional Services

Telecommunications

Media and Entertainment

Energy and Utilities

Mining and Resources

Transport and Logistics

Construction

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Risk Management

Compliance

Architecture

Infrastructure

Vendor Management

Data Protection

Operations

Finance

Relevant Roles

Chief Information Officer

Chief Technology Officer

Chief Legal Officer

Chief Information Security Officer

IT Director

Cloud Infrastructure Manager

Procurement Manager

Legal Counsel

Privacy Officer

Information Security Manager

Enterprise Architect

Solutions Architect

Contract Manager

Vendor Management Lead

Technology Risk Manager

Data Protection Officer

Industries
Privacy Act 1988 (Cth): Federal law governing the handling of personal information, including the Australian Privacy Principles (APPs) which are crucial for cloud service providers handling personal data
Security of Critical Infrastructure Act 2018: Relevant for cloud services that may be used in critical infrastructure, requiring specific security obligations and incident reporting
Competition and Consumer Act 2010: Contains the Australian Consumer Law (ACL) which provides consumer protections and regulates unfair contract terms in standard form contracts
Electronic Transactions Act 1999: Provides legal framework for electronic transactions and validates electronic contracts and signatures
Telecommunications Act 1997: Relevant for cloud services that involve telecommunications infrastructure and data transmission
Copyright Act 1968: Important for protecting intellectual property rights in cloud services and content stored on the platform
Spam Act 2003: Regulates electronic communications and marketing, relevant for cloud platforms that may involve email or messaging services
Notifiable Data Breaches (NDB) Scheme: Part of the Privacy Act requiring mandatory data breach notification for eligible data breaches
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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