3.6.6.2 allow and offer the Cloud Customer the means to download such
Cloud Content, in a commonly used format.
3.6.7 As an alternative to the options of Articles 3.6.6.1 and 3.6.6.2 above,
the CSP may transfer the Cloud Customer’s Cloud Content, in a
suitable format, directly to another CSP of the Cloud Customer’s
choice, where this is technically feasible.
3.7
Cloud Customer protection and unfair Cloud Contract terms
3.7.1 CSPs shall be liable to their individual consumer Cloud Customers for
any act or omission by the CSP, its agents, subcontractors or
employees (acting within the framework of their agency, employment,
or subcontracting relationship with the CSP), incurring liability to such
Cloud Customers under this Article 3.7 or any other applicable laws of
the Kingdom, regardless of whether such acts or omissions take place
in the Kingdom or abroad.
3.7.2 CSPs may not contractually exclude their liability to their individual
consumer Cloud Customers for the losses or damages listed below, if
these may be reasonably attributed, in whole or in part, to intentional
or negligent acts or omissions of those CSPs:
3.7.2.1 any loss of, or damage to, Customer Content or Customer Data,
if this is linked to the CSP’s processing of, or other interaction
with, such Customer Content or Customer Data;
3.7.2.2 quality, performance, accessibility, downtime or other similar
service parameters that do not conform with the CSP’s
obligations under its Cloud Contract with the Cloud Customer
concerned or with the provisions of any mandatory legal
provisions; and
3.7.2.3 information security breaches.
3.7.3 A ‘best efforts’ clause by a CSP in a Cloud Contract may not exclude its
liability to individual consumer Cloud Customers for acts or omissions
committed intentionally or through gross negligence.
3.7.4 Cloud Customers shall bear the burden of proof that any loss or damage
referred to in Articles 3.7.1 and 3.7.2 above is reasonably attributed,
in whole or in part, to intentional or negligent act or omissions of the
CSP.
3.7.5 Notwithstanding the above, CSPs may:
3.7.5.1 Exclude or limit their liability for any indirect damage or any loss
of revenue or profits, provided that this is caused
nonintentionally to a Cloud Customer;
3.7.5.2 limit their liability by a reasonable maximum amount, which may
include, among other alternatives, a function of the fees paid or
due by the Cloud Customer under his Cloud Contract with the
Cloud Computing Regulatory Framework
Page 12 of 15
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