171
4.2
Cloud Contracts ‐ What providers and customers should discuss
For the Cloud‐service user, a Cloud‐service is like partly outsourcing some of
his IT Services. Therefore a Cloud service agreement should include some
contractual elements, which should also be part of a standard outsourcing
contact. This is a catalogue of recommended contractual elements of the
General Terms and Conditions and Service Level Agreements (SLA) for Cloud
service providers. The objective of this catalogue is to recommend elements
for future contracts and create awareness of General Terms and Conditions
and Service Level Agreements (SLA) for Cloud services companies. This list
does not contain suggested legal wording, as the specific wording is
extremely important according to the type of Cloud service and its relivance
to the enterprise. This list is not exhaustive and can be extended as
appropriate.
66
1
Framework conditions for the Cloud service
Listed below are essential points and necessary regulations to draw up a
contract and terminate the Cloud service agreement.
1.1
Rules on all companies involved in delivering the service
The following items must be taken into account, confirmed, or stated in
sufficient detail in the contract:
1.1.1
Pertinent information about the company with which the contract
is to be domiciled, as given by public registers such as the
company register, commercial registers or registers of
associations.
1.1.2
Statement on where the service provider has it’s registered main
office and what national laws may aply to this company (head
office and branches)
1.1.3
Information about existing certifications with the contracting
party. Detailed description of the existing, valid certifications of
the datacentre (e.g. safety, ITIL, ISO and others)
1.1.4
Information regarding businesses involved in providing the
service. Also sub‐contractors, datacentre providers or Cloud
services of third party companies integrated into providing the
66
An expanded version of this chapter can be found under
