Cloud Service Agreement Template for New Zealand

This Cloud Service Agreement is designed for use when establishing a formal contractual relationship between a cloud service provider and a customer organization in New Zealand. The agreement is suitable for various cloud service models (SaaS, PaaS, IaaS) and incorporates requirements specific to New Zealand's legal framework, including privacy, data protection, consumer protection, and electronic transactions legislation. It includes comprehensive provisions for service delivery, performance standards, data handling, security measures, and compliance requirements. The document is particularly relevant for organizations providing or procuring cloud services that involve processing sensitive data or delivering business-critical applications within New Zealand's jurisdiction.

1. Parties: Identifies the service provider and customer, including their legal names, addresses, and company registration details

2. Background: Sets out the context of the agreement and brief description of the cloud service being provided

3. Definitions: Defines key terms used throughout the agreement

4. Service Provision: Details the cloud services to be provided, including service scope, access, and delivery methods

5. Service Levels: Specifies performance standards, availability commitments, and related service level metrics

6. Fees and Payment: Outlines pricing, payment terms, billing cycles, and payment methods

7. Customer Obligations: Defines customer responsibilities, acceptable use policies, and compliance requirements

8. Data Protection and Privacy: Addresses data handling, privacy compliance, and data security measures

9. Security Requirements: Details security standards, protocols, and measures for protecting services and data

10. Intellectual Property: Establishes IP ownership, licenses, and usage rights

11. Confidentiality: Covers confidentiality obligations and permitted disclosures

12. Term and Termination: Specifies contract duration, renewal terms, and termination rights

13. Liability and Indemnities: Sets out liability limitations and indemnification obligations

14. Force Majeure: Addresses circumstances beyond parties' reasonable control

15. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law