The Cloud Master Agreement serves as the primary contractual framework for organizations seeking to establish or receive cloud services within the Philippine jurisdiction. This document is essential when implementing cloud-based solutions and services, providing comprehensive coverage of service terms, data protection requirements, and operational parameters. It specifically addresses compliance with Philippine regulations, including the Data Privacy Act of 2012 and the E-commerce Act, while incorporating international best practices for cloud service delivery. The agreement is designed to protect both service providers and customers while ensuring clear delineation of responsibilities, service levels, and risk allocation in cloud service arrangements.
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1. Parties: Identification of the cloud service provider and customer, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Detailed definitions of technical terms, service-related concepts, and other important terms used throughout the agreement
4. Service Provision: Description of cloud services, service levels, and service delivery terms
5. Data Protection and Security: Obligations regarding data privacy, security measures, and compliance with Philippine Data Privacy Act
6. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements
7. Fees and Payment: Pricing structure, payment terms, and billing procedures
8. Intellectual Property Rights: Ownership and usage rights of software, data, and other intellectual property
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Limitation of Liability: Liability caps and exclusions in compliance with Philippine law
12. Force Majeure: Provisions for unforeseen circumstances and force majeure events
13. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction for dispute resolution
1. Professional Services: Additional implementation, configuration, or consulting services if offered
2. Disaster Recovery: Specific disaster recovery and business continuity provisions, recommended for critical services
3. Service Credits: Compensation scheme for service level failures, used in premium service offerings
4. Insurance: Specific insurance requirements, typically included for enterprise customers
5. Anti-Corruption: Additional compliance provisions for government or regulated industry customers
6. Data Migration: Terms for data transfer in and out of the service, important for large-scale implementations
7. Audit Rights: Customer rights to audit provider's compliance and security measures, often required by regulated industries
1. Service Level Agreement (SLA): Detailed service levels, performance metrics, and measurement methodologies
2. Service Description: Technical specifications and detailed description of cloud services
3. Security Standards: Detailed security requirements, protocols, and compliance measures
4. Data Processing Agreement: Specific terms for personal data processing in compliance with the Data Privacy Act
5. Pricing Schedule: Detailed pricing information, rate cards, and charging metrics
6. Support Services: Description 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 service continuity and disaster recovery
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