This Cloud Agreement template is designed for use in Hong Kong, providing a comprehensive framework for cloud service arrangements between providers and customers. It addresses key aspects required under Hong Kong law, including compliance with the Personal Data (Privacy) Ordinance, Electronic Transactions Ordinance, and relevant telecommunications regulations. The agreement is suitable for various cloud service models (SaaS, PaaS, IaaS) and can be customized for different business scales, from SMEs to large enterprises. It includes provisions for data security, service levels, performance metrics, and risk allocation specific to cloud computing arrangements, while ensuring alignment with Hong Kong's legal and regulatory requirements. The document is particularly relevant for businesses operating in or expanding into the Hong Kong market, requiring secure and compliant cloud service arrangements.
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1. Parties: Identifies the cloud service provider and customer, including full legal names and addresses
2. Background: Brief context of the agreement and business relationship
3. Definitions: Defines key terms used throughout the agreement, including technical terminology
4. Service Provision: Details the cloud services being provided, including scope and access rights
5. Customer Obligations: Customer responsibilities, including acceptable use policies and compliance requirements
6. Data Protection and Security: Obligations regarding data security, privacy, and compliance with relevant laws
7. Service Levels: Service level commitments, measurement methods, and remedies for failure
8. Charges and Payment: Pricing, payment terms, billing cycles, and related financial provisions
9. Intellectual Property Rights: IP ownership, licenses, and restrictions on use
10. Confidentiality: Protection of confidential information exchanged between parties
11. Term and Termination: Agreement duration, renewal terms, and termination rights
12. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
13. Force Majeure: Provisions for circumstances beyond reasonable control
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Professional Services: Include when implementation, training, or consulting services are part of the arrangement
2. Hardware Provisions: Include when physical equipment is provided as part of the cloud service
3. Disaster Recovery: Include for mission-critical services requiring specific recovery commitments
4. Data Migration: Include when services include migration of customer data from existing systems
5. Change Control: Include for enterprise agreements requiring formal change management processes
6. Audit Rights: Include for regulated industries or when customer requires specific audit capabilities
7. Insurance: Include when specific insurance coverage requirements are needed
8. Service Credits: Include when monetary compensation is offered for service level failures
1. Service Description: Detailed technical specifications of cloud services and features
2. Service Level Agreement: Detailed service levels, measurement methods, and remedies
3. Pricing Schedule: Detailed pricing information, including usage tiers and additional services
4. Security Requirements: Specific security standards, protocols, and compliance requirements
5. Data Processing Agreement: Detailed terms for personal data processing in compliance with privacy laws
6. Acceptable Use Policy: Detailed rules and restrictions for use of the cloud services
7. Support Services: Description of support levels, response times, and escalation procedures
8. Business Continuity Plan: Disaster recovery and business continuity procedures
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