The Cloud Services Agreement serves as the primary contractual framework for organizations seeking to procure or provide cloud-based services in Hong Kong. It is designed for businesses of all sizes requiring secure, reliable cloud solutions, whether for data storage, software applications, or platform services. This agreement addresses critical aspects such as service levels, data protection (particularly under Hong Kong's Personal Data (Privacy) Ordinance), security measures, and risk allocation. It includes specific provisions required under Hong Kong law while maintaining alignment with international cloud service practices. The document is particularly relevant in today's digital business environment where organizations increasingly rely on cloud infrastructure for their operations, and it provides necessary legal protections for both service providers and customers.
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1. Parties: Identification of the contracting parties including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the cloud services being provided
3. Definitions: Detailed definitions of technical terms, service-specific terminology, and other key concepts used in the agreement
4. Services: Detailed description of the cloud services to be provided, including scope and service levels
5. Service Provider Obligations: Key responsibilities and commitments of the service provider
6. Customer Obligations: Key responsibilities and commitments of the customer, including acceptable use policies
7. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with privacy laws
8. Intellectual Property Rights: Ownership and licensing of IP, including customer data and service provider's technology
9. Charges and Payment: Pricing, payment terms, invoicing, and related financial provisions
10. Term and Termination: Duration of agreement, renewal terms, and termination rights
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnities: Limitation of liability, indemnification obligations, and risk allocation
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Professional Services: Additional implementation, configuration, or consulting services if offered beyond standard cloud services
2. Disaster Recovery: Specific disaster recovery and business continuity provisions, required for critical services
3. Change Control: Procedures for managing changes to services or contract terms, useful for complex implementations
4. Audit Rights: Customer rights to audit service provider's compliance and security measures, often required in regulated industries
5. Migration Services: Provisions for data migration at the start or end of the service, relevant for large-scale implementations
6. Service Credits: Compensation mechanism for service level failures, typically used in enterprise agreements
7. Compliance with Industry Standards: Specific compliance obligations for regulated industries like financial services or healthcare
1. Service Description: Detailed technical specifications of the cloud services and functionality
2. Service Level Agreement: Specific service levels, measurement methods, and remedies for failure
3. Pricing and Payment Schedule: Detailed pricing structure, including usage tiers and additional service costs
4. Security Requirements: Detailed security specifications, protocols, and compliance requirements
5. Data Processing Agreement: Specific terms for personal data processing in compliance with privacy laws
6. Support Services: Details of support levels, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services
8. Business Continuity Plan: Detailed procedures for maintaining service in emergency situations
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