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Cloud Subscription Agreement Template for Germany

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Key Requirements PROMPT example:

Cloud Subscription Agreement

"I need a Cloud Subscription Agreement governed by German law for a SaaS platform providing AI-powered analytics services to enterprise customers in the financial services sector, with specific provisions for GDPR compliance and data processing in the EU only."

Document background
The Cloud Subscription Agreement serves as the primary contractual framework for organizations providing cloud-based services in Germany. It is essential for businesses offering Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS), or Infrastructure-as-a-Service (IaaS) solutions to German customers. The agreement must comply with German legal requirements, including the Civil Code (BGB), data protection laws (GDPR and BDSG), and IT security regulations (IT-SiG). This document is particularly crucial when establishing long-term cloud service relationships, defining service levels, ensuring data protection compliance, and managing liability risks under German law. It should be used whenever a cloud service provider begins offering services to German customers or when existing agreements need to be updated to reflect current legal requirements.
Suggested Sections

1. Parties: Identification of the contracting parties including registered addresses and company details

2. Background: Context of the agreement and brief description of the cloud services being provided

3. Definitions: Detailed definitions of technical terms, service-related terminology, and contract-specific concepts

4. Service Provision: Detailed description of the cloud services, access rights, and service specifications

5. Service Levels: Performance metrics, availability commitments, and response times

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

7. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods

8. Data Protection and Security: GDPR compliance, data processing terms, and security measures

9. Intellectual Property Rights: Ownership of data, software, and other IP elements

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Contract duration, renewal terms, and termination rights

12. Liability and Warranties: Limitation of liability, warranty terms compliant with German law

13. Force Majeure: Circumstances excusing performance under German law

14. Final Provisions: Governing law, jurisdiction, severability, and entire agreement clauses

Optional Sections

1. Consumer Protection Provisions: Additional protective clauses required when offering services to consumers (B2C)

2. Professional Services: Terms for additional implementation, training, or consulting services if offered

3. High-Risk Applications: Special terms for use in high-risk or regulated environments

4. Reseller Provisions: Additional terms if the agreement allows for reselling of services

5. Multi-Tenant Provisions: Specific terms for shared infrastructure environments

6. Business Continuity: Extended provisions for business continuity and disaster recovery if required

7. Insurance Requirements: Specific insurance obligations for high-value or high-risk services

Suggested Schedules

1. Service Description: Detailed technical specifications and service descriptions

2. Service Level Agreement: Detailed SLA metrics, measurements, and remedies

3. Price List: Detailed pricing, including tiered pricing and optional services

4. Data Processing Agreement: GDPR-compliant data processing terms and technical/organizational measures

5. Security Requirements: Detailed security protocols and compliance requirements

6. Support Services: Description of support levels and procedures

7. Acceptable Use Policy: Detailed rules for service usage and restrictions

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















































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Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Public Sector

E-commerce

Media and Entertainment

Logistics

Research and Development

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Risk Management

Sales

Product Management

Operations

Customer Success

Data Protection

Vendor Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

Chief Legal Officer

Data Protection Officer

IT Director

Cloud Services Manager

Legal Counsel

Procurement Manager

Information Security Manager

Contract Manager

Technology Partner Manager

Cloud Solutions Architect

Compliance Officer

Risk Manager

Sales Director

Industries










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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