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Cloud Master Agreement

Cloud Master Agreement Template for Germany

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Key Requirements PROMPT example:

Cloud Master Agreement

"I need a Cloud Master Agreement governed by German law for our B2B SaaS platform launch in March 2025, with strong data protection provisions and the ability to resell services to enterprise customers in the EU."

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Document background
This Cloud Master Agreement is designed for use in cloud service arrangements subject to German law jurisdiction. It serves as the primary contractual framework between cloud service providers and their customers, establishing comprehensive terms for service delivery, data protection, and security measures. The agreement is particularly relevant in the context of German and EU regulatory requirements, incorporating necessary provisions for GDPR compliance, IT security standards (including compliance with the IT Security Act), and German commercial law principles. It is structured to accommodate various cloud service models while ensuring compliance with mandatory German legal requirements regarding liability, data protection, and consumer protection.
Suggested Sections

1. Parties: Identification of contracting parties with full legal names and addresses

2. Background: Context of the agreement and business relationship

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

4. Service Provision: Core obligations regarding cloud service delivery and access

5. Service Levels: Performance metrics, availability commitments, and remedies

6. Security Requirements: Security standards, certifications, and obligations aligned with German IT security laws

7. Data Protection: GDPR compliance, data processing terms, and data security measures

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

9. Intellectual Property: IP rights, licenses, and restrictions

10. Fees and Payment: Pricing, payment terms, and invoicing procedures

11. Term and Termination: Contract duration, renewal, and termination provisions

12. Liability and Indemnification: Liability limitations and indemnification obligations under German law

13. Confidentiality: Protection of confidential information and trade secrets

14. Force Majeure: Provisions for unforeseen circumstances and service interruptions

15. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices

Optional Sections

1. Reseller Rights: Terms for reselling cloud services to third parties - include if reseller model is applicable

2. Professional Services: Terms for additional implementation or consulting services - include if professional services are offered

3. Insurance: Specific insurance requirements - include for high-value or high-risk services

4. Audit Rights: Customer audit provisions - include for regulated industries or upon customer request

5. Business Continuity: Disaster recovery and business continuity requirements - include for critical services

6. Export Control: Export control compliance - include if international data transfers are involved

7. Marketing Rights: Rights to reference customer - include if marketing rights are desired

Suggested Schedules

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

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

3. Price Schedule: Detailed pricing, payment terms, and billing procedures

4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures

5. Security Requirements: Detailed security standards, certifications, and compliance requirements

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

7. Acceptable Use Policy: Detailed rules and restrictions for service usage

8. Business Continuity Plan: Detailed 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
Affiliate
Agreement
Authorized Users
Business Day
Business Hours
Confidential Information
Cloud Services
Customer
Customer Data
Data Controller
Data Processor
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Good Industry Practice
Intellectual Property Rights
Initial Term
Maintenance Window
Malicious Code
Personal Data
Processing
Professional Services
Provider
Renewal Term
Service Credits
Service Levels
Service Level Agreement
Services
Security Breach
Security Requirements
Security Standards
Service Description
Service Environment
Scheduled Maintenance
Software
Subprocessor
Support Services
Technical and Organizational Measures
Term
Third Party
Updates
Upgrades
User Documentation
Virus
Working Day
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Fees and Payment
Term and Termination
Limitation of Liability
Force Majeure
Warranties
Indemnification
Security Requirements
Audit Rights
Compliance
Access Rights
Service Support
Change Management
Dispute Resolution
Assignment
Subcontracting
Insurance
Notice
Governing Law
Data Processing
Business Continuity
Disaster Recovery
Export Control
Anti-Corruption
Entire Agreement
Severability
Third Party Rights
Amendments
Performance Standards
Service Availability
Acceptable Use
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Public Sector

Education

Telecommunications

Energy

Insurance

Media and Entertainment

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Commercial

Data Protection

Operations

Solutions Architecture

Vendor Management

Relevant Roles

Chief Information Officer

Chief Technology Officer

Chief Legal Officer

Data Protection Officer

IT Security Manager

Procurement Manager

Contract Manager

Cloud Solutions Architect

Information Security Officer

Legal Counsel

Commercial Director

Technology Director

Compliance Officer

Risk Manager

Vendor Manager

Industries
GDPR (General Data Protection Regulation): EU regulation implemented in German law governing data protection and privacy, crucial for cloud services handling personal data
German Federal Data Protection Act (BDSG): National implementation of GDPR and additional data protection requirements specific to Germany
German Civil Code (BGB): Primary source of contract law in Germany, governing formation and execution of contracts
IT Security Act (IT-Sicherheitsgesetz): Regulations concerning IT security measures and obligations for digital service providers
Telecommunications Act (TKG): Regulations affecting telecommunications and digital services providers
German Commercial Code (HGB): Provisions governing commercial relationships between businesses
Network and Information Security Directive (NIS Directive) Implementation: German implementation of EU directive on network and information security
Cloud Computing Compliance Controls Catalogue (C5): Security requirements framework by German Federal Office for Information Security (BSI)
Unfair Contract Terms Directive Implementation: German implementation of EU rules on unfair terms in business contracts
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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