Protect your business interests with a specialist cloud service agreement
Our team of specialist IT & Commercial Technology solicitors can support you with:
- Advice on cloud service agreement strategy for cloud service providers including reviewing existing cloud service agreements and ensuring they remain fit for purpose.
- Help in understanding the basics and complexities of cloud service agreements for cloud service customers and the importance of key terminology in the agreement.
- Pre-contract due diligence to look at whether your proposed cloud services flag up legal issues such as hybrid cloud usage or jurisdiction and licensing issues for international usage (e.g. whether a customer’s overseas branch offices are accessing the services via a UK-based central computer node).
- Cloud service provision with different types of IT services from single applications delivered as a Software as a Service (SaaS) to data centres transitioned to the cloud using Infrastructure as a Service (IaaS).
- Public and private cloud services using different technology from single customer-outsourced infrastructures as private clouds to multi-tenancy public cloud platforms.
- Assisting in the evaluation of risk that comes with the use of the cloud services.
- Customer data clauses to ensure clarity on who owns and is responsible for the accuracy and quality of the business data as well as the treatment of data privacy, security, and back-up policy.
- Software and IPR licensing considerations to ensure the cloud service provider has the right to authorise the use of the software in the jurisdiction or jurisdictions in which your business operates with appropriate IPR indemnity in the event of a third-party claim.
- Encryption of data in cloud services.
- Cloud payment models in cloud service agreements, for example, usage-based payment models offered as part of cloud services and the impact of increased usage on the storage of information and use of data.
- Drafting and reviewing the full range of cloud service agreements from the provision of software, platforms, and infrastructure as a service and public, private, hybrid or community clouds.
- Sector-specific advice for the use of cloud services, for example, in the financial services sector, guidance has been issued by the Financial Conduct Authority on outsourcing to the cloud.
- Software licencing for use of cloud applications to avoid copyright infringement.
- Advising on GDPR compliance and policies.
- Any software disputes and resolution.
What our clients say
We pride ourselves on delivering an excellent service for clients, but don’t just take our word for it.
We often need legal advice quickly, especially during sales with new customers, and Rob is very responsive and always available for meetings. When I was looking for a law firm, I wanted that full range of services, as I knew we’d need advice outside of the tech remit. The flexibility has been really positive.
Our scale of growth would not have happened without the support of Harper James.
For us, the support of Harper James Solicitors has been a gift. The collaboration we have had has been of tremendous importance. The service has been superb value for money.
Twipes really felt as though we were being treated personally, rather than just customers: that is the great Harper James Experience.
Knowing you have that level of legal support enables any new business to be able to move forward with more confidence. With Harper James we have that – and more.
Harper James removes the stress for us. I know that we can get advice quickly, without some sort of golden clock being turned on when you pick up the phone. This means we can focus on running the business.
Harper James solicitors don’t speak in the legalese which I have heard too many times from other solicitors and which is totally unhelpful. What I’m after is focused, considered advice about the specific situations that I face. By which I mean, do you think this is a good idea? Their response might be ‘Yes’ or ‘No’. One word is often all I’m looking for! My solicitor gives a view and I really value that.
9/10 Great communication and speed
When you’re a start-up, you have to find creative ways to do everything you need to do. And you need to find people who can help you. Harper James can advise us on contracts just as well as a blue-chip London or New York law firm, but at a much lower hourly rate.
Expertly drafted cloud service agreements
For a cloud service agreement you need the right expert support from the outset, so you understand the agreement and get the best out of the provision of cloud services.
Working with you to understand your requirements, and how those may change as your business grows, we will help you answer the following questions when drafting a cloud service agreement for your benefit:
- Has the description of the cloud services provision been clearly defined in the agreement?
- What will the duration of the agreement be?
- What fee structure will be set out in the agreement? Will it be periodic charging with a subscription fee or usage-based charging? Are additional fees payable in respect of data stored in excess of the data storage limit?
- What are the agreed service levels and service credit arrangements?
- Does the cloud service agreement include any warranties?
- What will happen if things go wrong?
- What business continuity and escrow provision is contained in the agreement? Is there a right to audit and test the continuity provision or does the cloud service provider offer accreditations or certifications?
- Does the agreement include indemnities in respect of potential losses that may be suffered by the cloud service user?
- Does the agreement limit the liabilities of the provider? Will the limitation of liabilities expose the business to claims that are not covered by the cloud service agreement in the event of major loss of data or breaches in security?
- What remedies are provided for under the agreement, for example, if there is a delay in the provision of contracted services?
- Can the terms of the cloud service agreement be varied by the parties?
- In what circumstances can the cloud service agreement be terminated? Does the agreement detail any exit support?
Benefits of relying on an expertly drafted cloud service agreement
Save money and reduce IT overheads
Cloud users do not need to install software or operate their own applications and data servers as a cloud service provider will host the applications and provide the required computing power from their data centres. That means with the protection of the right cloud service agreement your business can benefit from economies of scale and reduce the costs of IT service provision.
Access improved support and technology
Cloud services are designed to be user-friendly and to expand or contract with your business while minimising specific training requirements and providing the maintenance and support your business needs. This, combined with access to the data and applications your business requires, means your IT function can focus on continued innovation.
Save time and money on physical data storage
With the use of cloud storage your business can reduce time spent on accessing stored material and reduce physical storage overheads though use of technology supported by the protection of a cloud service agreement. Whether you need information and data for regulatory compliance purposes, internal or external audits, marketing, or customer purposes the information is always readily to hand.
Who we help: From start-up to multi-national businesses
Whatever your level of digital and tech know-how our approachable, no-nonsense solicitors can support you with all your digital law and cloud service agreement needs so you can get the best out of the cloud for your business. But beyond that, we can also support you with any other business legal services you may need. Our aim at Harper James Solicitors is to swiftly provide scaling businesses with affordable support via our legal subscription plans – tailored plans that get you access to partner-level expertise at a fraction of the cost of traditional law firms. With a fully integrated team of commercial and corporate solicitors we’re able to offer you a trusted team of experts that will help your business prosper, whatever your legal requirements.
Why choose Harper James Solicitors?
Cloud service provision is now the norm for many UK businesses for the delivery of all or part of their IT services. That’s why we support a wide range of UK-based clients from entrepreneurs to multi-nationals with their IT law and cloud service agreements. Whether your business is low tech or high tech, you need to understand the business benefits of the use of the cloud and the protection that a water-tight agreement provide. Our specialist IT & Commercial Technology solicitors can talk to you in language you understand about your best options and the protection that a cloud service agreement offers to both client service agreement providers and users.
Our team of IT solicitors have all been recruited from top 100 UK law firms or from large international businesses and have the knowledge and expertise to guide you through the complexities of cloud agreements to ensure your business is protected. Find out more about the team here:
IP & Commercial Technology Partner
Before joining us Rob worked for Santander bank as an IP/brand management lawyer and also at Shakespeare Martineau.View profile
As a previous partner at DLA Piper, Sarah comes with a rich pedigree in providing expert commercial services for her clients.View profile
IT & Commercial Solicitor
With over 15 years of in-house experience in the IT sector, Rob specialises in drafting and negotiating all manner of commercial agreements.View profile
Commercial Technology & Data Protection Solicitor
David is a commercial solicitor, specialising in technology and data protection. He joins us having worked as in-house counsel for the BBC and OUP.View profile
Our three transparent pricing packages are designed to give you the widest possible access to high-quality legal advice, whatever the size and nature of your business:
Straightforward access to senior solicitors at a competitive rate.
An affordable solution for businesses needing one-off legal support. Receive ‘City’ partner-level expertise at a fraction of ‘City’ prices.
Have legal peace of mind for £189 per month with additional support from £99 per hour.
A monthly subscription legal support package specifically designed for start-ups and smaller businesses.
For businesses requiring 60+ hours of support a year, with prices equivalent to £99 per hour.
Fully account managed quarterly subscription service for businesses with more complex legal needs.