c9daa7e8_s_in_Cloud_Computing_Contracts__Comments
[Issue] Suspension and termination of the service [Comments] 
Vendor form contracts typically give the vendor the right to suspend the service or to terminate it altogether upon certain events or conditions. Such provisions are not unreasonable in the abstract, but they should be limited in scope to only truly significant matters, provide for an opportunity for you to cure the alleged violations or some form of escalation rather than instantaneous implementation (except in the case of true emergencies), and give you adequate time to make alternative arrangements for your data or service. (In the case of an e-mail system, it may take 6 months or more to establish and transition to a new system, particularly if you intend to completely dismantle your internal system once you outsource.) It also will be important to have assurance your data will continue to be available to you, in a usable format, for at least that long (or, if the vendor is unwilling to commit to a specific length, a "commercially reasonable" period of time) following any termination, as well as that the vendor will return or destroy any copies of your data once transition is complete.
IT: Legal and Quasi-Legal Issues in Cloud Computing Contracts
Comments