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Cloud Subscription Agreement

Cloud Subscription Agreement Template for Switzerland

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Key Requirements PROMPT example:

Cloud Subscription Agreement

"I need a Cloud Subscription Agreement governed by Swiss law for a SaaS platform providing financial analytics services to Swiss banks, with strong data protection clauses and compliance with Swiss banking regulations."

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Document background
The Cloud Subscription Agreement is essential for businesses providing or procuring cloud-based services in Switzerland. This document is specifically structured to comply with Swiss legal requirements, including the Federal Act on Data Protection (FADP) and the Swiss Code of Obligations. It is typically used when a service provider offers Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS), or Infrastructure-as-a-Service (IaaS) solutions to business customers. The agreement covers crucial aspects such as service levels, data protection, security measures, pricing, and liability provisions, while addressing specific Swiss regulatory requirements. It's particularly important for ensuring compliance with Swiss data protection laws and establishing clear contractual relationships in cloud service arrangements.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Detailed definitions of technical terms, capitalized terms, and key concepts used throughout the agreement

4. Service Provision: Description of cloud services, service levels, and performance standards

5. Subscription Terms: Details of subscription period, renewal terms, and termination rights

6. Fees and Payment: Pricing, payment terms, invoicing procedures, and late payment consequences

7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

8. Data Protection and Security: Compliance with FADP, data processing terms, security measures, and breach notification procedures

9. Intellectual Property Rights: Ownership of IP, licensing terms, and restrictions on use

10. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms

11. Warranties and Disclaimers: Service warranties, performance guarantees, and limitation of warranties

12. Liability and Indemnification: Limitation of liability, mutual indemnification obligations, and exclusions

13. Term and Termination: Contract duration, renewal terms, termination rights, and post-termination obligations

14. General Provisions: Standard clauses including governing law, jurisdiction, force majeure, and entire agreement

Optional Sections

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

2. Service Credits: Include when specific service level credits or financial penalties apply for service failures

3. Disaster Recovery: Include for enterprise clients or when handling business-critical data

4. Insurance: Include for enterprise agreements or when handling sensitive data

5. Audit Rights: Include for regulated industries or when handling sensitive data

6. Data Migration: Include when significant data migration services are part of the agreement

7. Third-Party Integrations: Include when the service interfaces with third-party applications

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

Suggested Schedules

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

2. Service Level Agreement (SLA): Specific performance metrics, measurement methods, and remedies

3. Price List: Detailed pricing structure, including subscription tiers and optional features

4. Data Processing Agreement: Detailed terms for processing personal data in compliance with FADP

5. Security Requirements: Technical and organizational security measures and compliance requirements

6. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services

7. Support Services Schedule: Description of support levels, response times, and escalation procedures

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

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
Agreement
Authorized Users
Business Day
Charges
Cloud Services
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
FADP
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Data
Platform
Professional Services
Provider
Scheduled Maintenance
Security Breach
Security Requirements
Service Credits
Service Level Agreement
Service Levels
Services
Software
Subscription Period
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Accounts
Virus
Working Hours
Clauses
Service Provision
License Grant
Subscription Terms
Payment
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Assignment
Subcontracting
Audit Rights
Compliance with Laws
Data Backup
Service Support
Acceptable Use
User Access
System Availability
Change Management
Disaster Recovery
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Insurance
Business Continuity
Exit Management
Data Migration
Third-Party Rights
Non-Solicitation
Interpretation
Waiver
Counterparts
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Insurance

Real Estate

Government and Public Sector

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Vendor Management

Operations

Technology Infrastructure

Data Protection

Relevant Roles

Chief Technology Officer

Chief Information Officer

Chief Legal Officer

Data Protection Officer

IT Director

Procurement Manager

Legal Counsel

Information Security Manager

Cloud Services Manager

Compliance Officer

Contract Manager

Technology Operations Manager

Enterprise Architect

Risk Manager

Vendor Management Officer

Industries
Swiss Code of Obligations (OR): Primary source of Swiss contract law that governs formation, performance, and termination of contracts, including service agreements
Federal Act on Data Protection (FADP/DSG): Swiss data protection law governing the processing of personal data by private persons and federal bodies, including cloud service providers
Federal Act on Telecommunications (TCA): Regulates telecommunications services and may apply to cloud services depending on their nature
Federal Act on Electronic Signatures (ZertES): Relevant for electronic contract formation and signature requirements in cloud agreements
Federal Act on Unfair Competition (UWG): Governs fair business practices and consumer protection, including requirements for general terms and conditions
Swiss Criminal Code Art. 143bis: Provisions regarding unauthorized access to data systems, relevant for security obligations and breach handling
Federal Act on Financial Market Infrastructures (FinfraG): May be relevant if the cloud services are provided to financial institutions or involve financial data
Federal Act on Information Security (ISG): Provides framework for information security requirements, particularly relevant for cloud security measures
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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