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This Cloud Agreement template is designed for use in cloud service arrangements governed by Belgian law, whether for Software-as-a-Service (SaaS), Platform-as-a-Service (PaaS), or Infrastructure-as-a-Service (IaaS) offerings. It is particularly suited for businesses operating in Belgium or those seeking to ensure compliance with Belgian and EU regulations. The agreement incorporates essential elements required under Belgian law, including specific provisions for data protection under GDPR, consumer protection requirements where applicable, and electronic commerce regulations. It addresses key areas such as service delivery, performance standards, data security, and risk allocation, while maintaining alignment with Belgian Civil Code requirements for contract formation and enforcement. The document is structured to accommodate various cloud service models while ensuring regulatory compliance and proper risk management.

1. Parties: Identification and details of the contracting parties (cloud service provider and customer)

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement, including technical terminology

4. Services: Detailed description of the cloud services to be provided, including scope and any exclusions

5. Service Provider Obligations: Core obligations of the provider, including service delivery, maintenance, and support

6. Customer Obligations: Customer responsibilities, including payment, acceptable use, and cooperation requirements

7. Data Protection and Security: GDPR compliance, data processing terms, security measures, and data handling procedures

8. Service Levels: Service level commitments, performance metrics, and remedies for failure

9. Charges and Payment: Pricing, payment terms, invoicing, and late payment consequences

10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnities: Limitation of liability, indemnification obligations, and risk allocation

13. Term and Termination: Contract duration, renewal terms, termination rights, and consequences of termination

14. Force Majeure: Events excusing performance and related procedures

15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement