Standard Agreement for Cloud Services (SaaS)
The Standard Agreement Cloud Terms (SaaS) governs the licensed use, support, data, and operational terms between SaaS providers of cloud services and their customers. It is part of OLL’s widely trusted library of open, lawyer-vetted standard agreements.
Standard Agreement Cloud Terms (SaaS) (Version 1.0)
Cover Page
Name of Agreement: |
The parties will reference the Agreement as: “[agreement short name] between [customer name] and [provider name] dated as of [effective date]” |
Key Terms | |
Overview | [service overview] |
Effective Date | [effective date] |
Governing Law | [governing law] |
Courts | [court location] |
Initial Order | [initial order description] |
Attachments (link or attach) | |
The following Attachments (if any) are incorporated into the Agreement: | |
Acceptable Use Policy (AUP) | [aup link or attachment] |
Support Policy | [support policy link or attachment] |
Service Level Agreement (SLA) | [sla link or attachment] |
Data Protection Addendum (DPA) | [dpa link or attachment] |
Security Measures | [security measures link or attachment] |
Additional Terms | |
The following additions to or modifications of the Cloud Terms are agreed by the parties and control in the event of any conflicts: | |
Signatures | |
Agreed to as of the Effective Date by each party’s authorized representative: | |
Customer:
Email: [customer notice email] Postal mail: [customer postal mail] Date: [effective date] | Provider:
Email: [provider notice email] Postal mail: [provider postal mail] Date: [effective date] |
Cloud Terms
The Agreement. The Cloud Terms are standardized terms for use of cloud services. To use the Cloud Terms, Customer and Provider complete and execute a Cover Page that specifies Key Terms, Attachments (such as a Support Policy or Data Protection Addendum) and any Additional Terms. Collectively, the Cloud Terms, Cover Page and any Orders form the parties’ agreement (“Agreement”). Conflicts between parts of the Agreement are governed by Section 22.5 (Order of Precedence). Capitalized terms are defined in context or in Section 23 (Definitions).
Cloud Service. Subject to this Agreement, Customer may use the Cloud Service for its own business purposes during each Subscription Term (“Permitted Use”). This includes the right to copy and use the Provider Software (if any) and Documentation as part of Customer’s Permitted Use. Customer will comply with the Documentation in using the Cloud Service.
Users. Customer may permit Users to use the Cloud Service on its behalf. Customer is responsible for provisioning and managing its User accounts, for its Users’ actions through the Cloud Service and for their compliance with this Agreement. Customer will ensure that Users keep their login credentials confidential and will promptly notify Provider upon learning of any compromise of User accounts or credentials.
Affiliates. Customer’s Affiliates may serve as Users under this Agreement. Alternatively, Customer’s Affiliates may enter into their own Orders as mutually agreed with Provider, which creates a separate agreement between each such Affiliate and Provider incorporating this Agreement with the Affiliate treated as “Customer”. Neither Customer nor any Customer Affiliate has any rights under each other’s separate agreement with Provider, and breach or termination of any such separate agreement affects only that agreement.
Data.
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