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Cloud Hosting Agreement

Cloud Hosting Agreement Template for South Africa

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Key Requirements PROMPT example:

Cloud Hosting Agreement

"I need a Cloud Hosting Agreement for a financial services company in South Africa, with strict data protection clauses and compliance with POPIA, including cross-border data transfer provisions and enhanced security requirements, to be effective from March 2025."

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Document background
The Cloud Hosting Agreement is essential for organizations in South Africa seeking to formalize their cloud service arrangements while ensuring compliance with local legislation. This agreement is typically used when a business requires cloud infrastructure services, including data storage, processing, and management capabilities. It addresses critical aspects such as service levels, data protection (particularly under POPIA), security requirements, and operational procedures. The document is structured to comply with South African law, including the Electronic Communications and Transactions Act, the Cybercrimes Act, and other relevant legislation. It is particularly important for businesses handling sensitive data or operating in regulated industries, as it provides the necessary framework for secure and compliant cloud service delivery.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Service Description: Detailed description of the cloud hosting services, including service levels and specifications

5. Term and Commencement: Duration of the agreement, including start date and renewal terms

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

7. Service Provider Obligations: Key responsibilities and commitments of the cloud service provider

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

9. Data Protection and Privacy: Compliance with POPIA and data protection obligations, including cross-border data transfers

10. Security Requirements: Security measures, protocols, and compliance with relevant cybersecurity laws

11. Service Levels: Service level agreements (SLAs), performance metrics, and remedies for breach

12. Intellectual Property Rights: Ownership and licensing of IP related to the services and customer data

13. Confidentiality: Protection of confidential information exchanged between parties

14. Limitation of Liability: Liability caps and exclusions in compliance with South African law

15. Termination: Termination rights, procedures, and consequences

16. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise-level services

2. Professional Services: Additional implementation, training, or consulting services if offered alongside hosting

3. Service Credits: Detailed service credit regime for SLA breaches, typically for enterprise customers

4. Audit Rights: Customer rights to audit provider's compliance and security measures, often required for regulated industries

5. Insurance: Specific insurance requirements, typically for high-value or regulated services

6. Change Control: Formal procedures for making changes to services or agreement terms

7. Multi-tenant Provisions: Specific provisions for shared infrastructure environments

8. Third-Party Service Integration: Terms governing integration with other service providers or platforms

Suggested Schedules

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

2. Service Level Agreement: Detailed performance metrics, measurement methods, and service credit calculations

3. Pricing Schedule: Detailed pricing structure, including all service options and additional charges

4. Security Standards and Procedures: Detailed security protocols, certifications, and compliance measures

5. Data Processing Agreement: Detailed terms for processing personal information in compliance with POPIA

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

7. Technical Support Services: Support levels, response times, and escalation procedures

8. Exit Plan: Detailed procedures for service termination and data migration

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
Confidential Information
Customer
Customer Data
Data Controller
Data Processor
Data Processing Agreement
Data Subject
Disaster Recovery Plan
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Hosted Environment
Information Officer
Initial Term
Intellectual Property Rights
Maintenance Window
Operator
Personal Information
Processing
Prohibited Content
Record
Renewal Term
Responsible Party
Service Credits
Service Level Agreement
Service Level Targets
Services
Special Personal Information
System
System Resources
Term
Third Party Provider
Uptime
Usage Data
User Credentials
Virus
Cloud Infrastructure
Cloud Platform
Cloud Services
Service Provider
Security Breach
Security Requirements
Service Availability
Response Time
Resolution Time
Backup Services
Migration Services
Support Services
API
Access Credentials
Bandwidth
Computing Resources
Storage Capacity
Network Infrastructure
Scheduled Maintenance
Clauses
Service Provision
Service Levels
Data Protection
Data Security
Confidentiality
Intellectual Property
Payment
Performance
Service Credits
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Exit Management
Disaster Recovery
Acceptable Use
Audit Rights
Compliance
Business Continuity
Dispute Resolution
Assignment
Subcontracting
Notice
Governing Law
Jurisdiction
Authentication
Access Control
Service Availability
Maintenance
Technical Support
Service Modification
Data Backup
Data Recovery
Security Breach
Cross-border Data Transfer
Service Integration
Change Management
Risk Allocation
Insurance
Anti-corruption
Data Ownership
Service Implementation
Monitoring
Reporting
Personnel
Documentation
Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Government

Telecommunications

E-commerce

Media and Entertainment

Insurance

Banking

Mining

Energy

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Infrastructure

Data Protection

Vendor Management

Technical Operations

Service Delivery

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Cloud Infrastructure Manager

Information Security Manager

Data Protection Officer

Procurement Manager

Legal Counsel

Compliance Officer

IT Operations Manager

Risk Manager

Technical Architect

Systems Administrator

Service Delivery Manager

Contract Manager

Chief Information Security Officer

Industries
Protection of Personal Information Act (POPIA): South Africa's primary data protection law that regulates the processing of personal information and sets conditions for lawful processing, including requirements for cross-border data transfers and data security measures
Electronic Communications and Transactions Act (ECTA): Governs electronic communications and transactions, including the legal recognition of electronic contracts, digital signatures, and cybercrime provisions
Consumer Protection Act (CPA): Protects consumers' rights and applies to the supply of services, including cloud services, covering aspects like fair terms and conditions, and quality of service
Cybercrimes Act: Addresses cybercrime and cybersecurity, including obligations related to securing critical data and reporting cyber incidents
Regulation of Interception of Communications Act (RICA): Regulates the interception of communications and associated matters, which may be relevant for cloud service providers handling communication data
Promotion of Access to Information Act (PAIA): Gives effect to the constitutional right of access to information and may affect how cloud providers handle information requests
Financial Intelligence Centre Act (FICA): Relevant if the cloud services are used for financial services, requiring compliance with anti-money laundering and know-your-customer requirements
Competition Act: Ensures fair competition in the market and may affect pricing structures and market behavior of cloud service providers
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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