CAPPO 2020

Negotiating Cloud Contracts: Key Issues and Contract Terms (Room Pacific 3)

19 Feb 20
10:45 AM - 12:00 PM

Tracks: Breakout

In traditional software licensing (on-premises), the vendor installs the software in the customer’s environment. The customer has the ability to have the software configured to meet its particular business needs and retains control over its data.

In a cloud computing environment, the software and the customer’s data are hosted by the vendor, typically in a shared environment (i.e., many customers per server) and the software configuration is much more homogeneous across all customers.

In the cloud environment, the customer’s top priorities shift from configuration, implementation and acceptance to service levels (availability, responsiveness and remedies) and data (security, redundancy and use).

However, like a traditional software licensing agreement, clauses such as insurance, indemnity, liabilities and warranties remain important as well.

This presentation will address the following issues:
•    Cloud Computing vs On-Premises
•    Distinction and Similarity of Issues
•    Authorized Users
•    Fees and Hidden Charges
•    Warranties
•    Service Level Agreements (SLAs)
•    Data Ownership, Security and Breach
•    Term and Termination
•    Indemnification: Data Brach and Intellectual Property
•    Disaster Recovery and Business Continuity
•    Limits of Liability; Insurance