
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
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Toolkit of Additional Terms
for Bonterms Cloud Terms and SLA Attachment
These examples show how to add Additional Terms to a Cover Page for the Bonterms Cloud Terms (Version 1.0). You can delete, replace or add to provisions of the Bonterms Cloud Terms or Service Level Agreement (SLA) Attachment. We also show how to add Attachments to the Cloud Terms Cover Page. These are examples only. Have legal counsel review before using. |
Examples of how to modify terms of the Bonterms Cloud Terms through Additional Terms on a Cloud Terms Cover Page:
CLOUD TERMS | |
Additional Terms | |
The following additions to or modifications of the Bonterms Cloud Terms are agreed by the parties and control in the event of any conflicts: | |
Add Affiliates to Permitted Use | Replace the first sentence of Section 2 (Cloud Service) with the following: Subject to this Agreement, Customer may use the Cloud Service for its and its Affiliates’ internal business purposes during each Subscription Term (“Permitted Use”). |
Add Open Source Warranty | Add a new Section 8.2 (c): Provider represents and warrants that Customer’s internal use of the unmodified Provider Software in accordance with the Agreement will not subject Customer to any open source license terms. |
Remove Limit on Sensitive Data | Delete Section 9.2(b) which reads: “(b) will not submit Sensitive Data to the Cloud Service, and” |
Change Payment Period | Replace the second sentence of Section 12.1 (Payment) with the following: Unless the Order states otherwise, all amounts are due within [__] days after the invoice date (the “Payment Period”). |
Buffer Period Before Termination | Replace the first sentence of Section 14.2 (Term of Agreement) with the following: This Agreement starts on the Effective Date and continues until 60 days after the end of all Subscription Terms, unless sooner terminated in accordance with its terms. |
Change Enhanced Cap | Replace the definition of “Enhanced Cap” in Section 16.5 (Liability Definitions) with the following: “Enhanced Cap” means the greater of $__million US Dollars and [three] times ([3]x) the General Cap. |
Specify Order of Mitigation Efforts | Replace Section 17.5(b) with the following: (b) replace or modify the allegedly infringing portion of the Cloud Service to avoid infringement, without reducing the Cloud Service’s overall functionality or, if neither (a) nor (b) is commercially feasible, |
Approval of Logo Usage | Add as a second sentence in Section 20 (Publicity): Furthermore, neither party may use the name, logo or trademark of the other party without the other party’s prior approval. |
Provider indemnity and liability obligations for Trials and Betas | Replace the last sentence of Section 21 (Trials and Betas) with the following: Notwithstanding anything else in this Agreement, Provider offers no warranty, SLA or Support for Trials and Betas. |
Add Insurance Requirements | Add a new Section 22.16 (Insurance): Provider shall comply with the obligations set forth in Attachment __ (Insurance Requirements) identified on this Cover Page. |
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