These terms and conditions are designed for use in relation to cloud services, where the customer will sign-up online, and there will be no opportunity for the customer to negotiate the contract. This document privileges the interests of the services provider over those of the customer.
Cloud-based software services come in many shapes and sizes, but all share some common features. From a legal perspective, the salient features typically include: (i) a licence granted to the customer specifying the customer's rights to use services; (ii) limitations on the customer's right to use the service and prohibitions in relation to harmful acts; (iii) issues relating to the availability and non-availability of the service; (iv) ancillary services, such as support; and (v) ancillary software, such as mobile applications. These terms and conditions cover all of these issues in one form or another.
The terms and conditions come in three variants: a B2B version for use where services are offered exclusively to business customers; a B2C version for individual consumers; and a mixed version, for use where customers could fall into either category.
The B2B variant of the cloud service terms and conditions is very similar to our SaaS terms and conditions document, but offers more protection to service providers and correspondingly fewer rights to customers.
The B2B variant and the mixed variant include GDPR-friendly data processor clauses. Of course, where the services provider is acting as a data controller in relation to personal data, privacy notices should be supplied to data subjects.