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This Cloud Services Agreement template is designed for use in South African business contexts where organizations are procuring or providing cloud-based services. It addresses critical requirements under South African law, including compliance with the Protection of Personal Information Act (POPIA), the Electronic Communications and Transactions Act, and the Cybercrimes Act. The agreement is suitable for various cloud service models (SaaS, PaaS, IaaS) and includes provisions for data protection, security measures, service levels, and risk allocation. It should be used when establishing a formal relationship between cloud service providers and their customers in South Africa, ensuring appropriate protection for both parties while maintaining regulatory compliance.

1. Parties: Identification of the cloud service provider and customer, including registration details and addresses

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

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules

4. Service Provision: Description of cloud services, service levels, and service delivery obligations

5. Data Protection and Security: POPIA compliance measures, data security requirements, and privacy obligations

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

7. Fees and Payment: Pricing, payment terms, invoicing, and fee adjustment mechanisms

8. Intellectual Property: IP ownership, licenses, and restrictions on use of services and data

9. Confidentiality: Protection of confidential information and trade secrets

10. Security Incidents and Breaches: Procedures for handling security incidents and data breaches

11. Term and Termination: Duration of agreement, renewal terms, and termination rights

12. Limitation of Liability: Liability caps, exclusions, and indemnities

13. Force Majeure: Events excusing performance and related procedures

14. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement