Cloud Hosting Agreement Template

Cloud Hosting Agreement Template

This Cloud Hosting Agreement (the “Agreement”) is entered into as of [Effective Date] by and between:

Provider: [Provider Legal Name], with an address at [Address] (“Provider”).
Customer: [Customer Legal Name], with an address at [Address] (“Customer”).

Provider and Customer may be referred to individually as a “Party” and collectively as the “Parties.”

1. Services

1.1 Hosting Services. Provider will provide cloud hosting services including: [Compute, storage, networking, managed services] (the “Services”).
1.2 Service Environment. Services will be provided in: ☐ Public cloud ☐ Private cloud ☐ Hybrid cloud ☐ Other: [Environment].
1.3 Service Changes. Customer may request changes via: [Portal/email]. Provider will confirm timelines and any fees.
1.4 Third-Party Services (Optional). Services may rely on third-party infrastructure/providers: [List], subject to their terms.

2. Term and Provisioning

2.1 Term. This Agreement begins on the Effective Date and continues until terminated under Section 12.
2.2 Provisioning. Provider will provision resources according to: [Order form/SOW/plan].
2.3 Maintenance Windows. Scheduled maintenance may occur: [Days/times], with notice of [__] hours/days when practical.

3. Service Levels and Support

3.1 Uptime Commitment (Optional). Provider targets uptime of [__]% per calendar month, excluding permitted downtime.
3.2 Service Credits (Optional). If uptime falls below the commitment, Customer may request service credits as follows: [Credit schedule].
3.3 Support Channels. Support is provided via: ☐ Ticket system ☐ Email ☐ Phone ☐ Chat.
3.4 Support Hours. ☐ 24/7 ☐ Business hours [Hours/Time zone].
3.5 Response Targets.

• Critical: [__] hours

• High: [__] hours

• Medium: [__] business days

• Low: [__] business days

4. Fees and Billing

4.1 Fees. Customer will pay fees per: ☐ Order form ☐ Rate card ☐ Usage-based pricing ☐ Subscription plan.
4.2 Invoicing. Invoices issued: ☐ Monthly ☐ Quarterly ☐ Other: [Schedule].
4.3 Payment Terms. Payment due within [] days of invoice (Net []).
4.4 Late Payments. Late payments may incur interest of [__]% per month (or max allowed by law).
4.5 Taxes. Customer is responsible for applicable taxes, except taxes on Provider’s income.

5. Customer Responsibilities

5.1 Account Security. Customer is responsible for user access, credentials, and configuration settings.
5.2 Acceptable Use. Customer will comply with Provider’s acceptable use rules and not use the Services for unlawful activity.
5.3 Content. Customer is responsible for the legality and accuracy of Customer data and content hosted.

6. Security and Data Protection

6.1 Shared Responsibility. Provider secures infrastructure; Customer secures applications, access controls, and configurations, unless otherwise agreed.
6.2 Security Measures. Provider will maintain reasonable administrative, technical, and physical safeguards.
6.3 Incident Notice (Optional). Provider will notify Customer of a confirmed security incident affecting Customer data within [__] hours/days.
6.4 Backups (Optional). Backups are: ☐ Included ☐ Not included ☐ Provided as an add-on. Backup frequency: [Schedule].
6.5 Disaster Recovery (Optional). DR commitments: [RTO/RPO or description].
6.6 Data Processing Addendum (Optional). If personal data is processed, the Parties will execute a DPA: ☐ Yes ☐ No.

7. Data Ownership and Access

7.1 Customer Data. Customer retains ownership of Customer data.
7.2 Provider Access. Provider may access Customer systems/data only as needed to provide the Services, support, or comply with law.

8. Confidentiality

8.1 Confidential Information. Each Party will protect the other’s confidential information and use it only for this Agreement.
8.2 Exclusions. Public information and independently developed information are not confidential.
8.3 Required Disclosure. Disclosure is allowed if required by law with notice when permitted.

9. Intellectual Property

9.1 Provider IP. Provider retains ownership of its platform, software, and tools.
9.2 Customer IP. Customer retains ownership of Customer content and applications.
9.3 Feedback (Optional). Customer may provide feedback; Provider may use it without obligation, unless restricted by law.

10. Warranties and Disclaimers

10.1 Performance Standard. Provider will provide the Services in a professional manner.
10.2 Disclaimer. Except as stated, Services are provided “as is” without warranties to the extent permitted by law.

11. Limitation of Liability

11.1 Limitation. To the extent permitted by law, neither Party is liable for indirect damages.
11.2 Liability Cap (Optional). Provider’s total liability is limited to fees paid in the [__] months before the event giving rise to liability.
11.3 Exceptions (Optional). Exceptions to the cap: [Confidentiality breach, IP infringement, willful misconduct].

12. Termination and Transition

12.1 Termination for Convenience. Either Party may terminate with [] days’ written notice.
12.2 Termination for Cause. Either Party may terminate for material breach not cured within [] days after notice.
12.3 Suspension (Optional). Provider may suspend Services for non-payment, security threats, or legal compliance.
12.4 Data Return. Upon termination, Customer may export data within [] days. Provider will delete Customer data after [] days, unless legally required to retain it.
12.5 Transition Assistance (Optional). Provider will provide transition support: ☐ Included ☐ At $[Rate]/hour ☐ Not available.

13. Miscellaneous

13.1 Governing Law. This Agreement is governed by the laws of [State/Country].
13.2 Notices. Notices must be sent to the addresses above.
13.3 Entire Agreement. This Agreement is the entire agreement about the Services.
13.4 Amendments. Amendments must be in writing and signed by both Parties.
13.5 Severability. If any provision is unenforceable, the rest remains effective.
13.6 Electronic Signatures. Electronic signatures are effective.

Signatures

By signing below, the Parties agree to this Cloud Hosting Agreement as of the Effective Date.

Provider: [Provider Legal Name]
Authorized Signatory: [Name]
Title/Role: [Title]
Date: [Date]
Signature: ___________________________

Customer: [Customer Legal Name]
Authorized Signatory: [Name]
Title/Role: [Title]
Date: [Date]
Signature: ___________________________