Infrastructure as a Service (IaaS) Agreement

Summary

This template is an infrastructure as a service (IaaS) agreement in which computing resources are supplied by a cloud services provider. Access to the infrastructure is provided over the internet, allowing customers use of the services for a fee. This template includes practical guidance and drafting notes. The computing resources can include storage, network, servers, and virtualization. Counsel should note that IaaS agreements come with many of the same risks as other forms of outsourcing, including risks associated with service continuity, protection of customer data, and privacy laws. Therefore, negotiation of IaaS agreements, both generally and with a view to obtain a balanced allocation of risk, is strongly recommended. For more information on cloud computing and related technology agreements, see Infrastructure as a Service (IaaS) and Platform as a Service (PaaS) Agreements, Cloud Computing Agreements: Initial Considerations, and Cloud Computing Agreements: Drafting and Negotiating Effective Agreements. For related templates, see Cloud Computing Service Agreement (Pro-Customer), Software as a Service (Saas) Agreement (Licensee), Software as a Service (Saas) Agreement (Licensor), Software as a Service (SaaS) Agreement (Short Form) (Pro-Licensee), and Software as a Service (SaaS) Agreement (Short Form) (Pro-Licensor). For related checklists, see Infrastructure as a Service (IaaS) and Platform as a Service (PaaS) Agreements Checklist, Cloud Computing Agreements Checklist (Pro-Customer), Cloud Computing Agreements Checklist (Pro-Provider), and Software as a Service (SaaS) Agreement Checklist.