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View the related practice notes about Software as a service

How to review a cloud computing agreement

How to review a cloud computing agreement This Practice Note is a ‘how to’ guide to reviewing a cloud computing agreement which signposts relevant content. It includes a summary of what cloud computing is, an overview of practical and legal issues and the key points to consider before and during a review. What is cloud computing? Cloud computing is the shift of software or infrastructure from the physical possession of the customer to a shared common location controlled by a third party. The customer accesses this through the internet or a private network. Rather than incurring capital expenditure or ongoing licence fees, the customer generally pays for use on a subscription basis. The three main types of cloud service are software as a service (SaaS), platform as a service (PaaS) and infrastructure as a service (IaaS): • SaaS is a service under which multiple customers gain access, usually through the internet, to what is typically the same software application. The application itself is physically deployed on...

View the related precedents about Software as a service

Service Level Agreement (Availability (uptime) service level for SaaS)

Service Level Agreement (Availability (uptime) service level for SaaS) Service Level Agreement 1 Definitions 1.1 In this Schedule: Available/Availability • means that the [core functionality of the] Hosted Solution is [materially] available for use [in accordance with its Specification] by the Customer, calculated as follows: A = (PU – X) / (PU) (x 100 to be expressed as a percentage) A means Available PU means Potential Uptime X means the aggregate total minutes during the relevant Month (excluding Downtime) during which the Hosted Solution is not Available; [Critical Service Level Failure • means [either: (i) the Supplier’s failure to achieve the Service Level for [three Months] in any [six Month] period; or (ii) the Supplier's failure to achieve Availability above [Z%] over any one Month OR define as appropriate];] Customer Connectivity • means the telecommunications and information technology equipment and infrastructure necessary to access the Hosted Solution from the Customer’s location; Downtime • means any period of time, calculated in minutes, when the Hosted Solution is...

UK GDPR—software as a service (SaaS) agreement—data protection addendum—pro-supplier

UK GDPR—software as a service (SaaS) agreement—data protection addendum—pro-supplier This current consolidated Data Protection Addendum was published on [insert date]. For previous versions, see [insert URL]. [For details of Updated provisions, see [insert URL].] 1 Definitions 1.1 In this Data Protection Addendum defined terms shall have the same meaning, and the same rules of interpretation shall apply as in the remainder of our Agreement. In addition, in this Data Protection Addendum the following definitions have the meanings given below: Applicable Law • means the following to the extent forming part of the law of United Kingdom (or a part of the United Kingdom) as applicable and binding on either party or the Services: (a) any law, legislation, regulation, byelaw or subordinate legislation in force from time to time; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; or (d) any applicable direction, policy, rule or order made or given by any regulatory...