Notes on the Main Issues of Cloud Computing Contracts (prepared by the UNCITRAL secretariat, 2019)
Part two. Drafting a contract
R. Amendment of the contract
Amendments to the contract could be triggered by either party. The contract would address the procedure for introducing amendments and making them effective. The contract may also need to address the consequences of rejection of amendments by either party.
In the light of the nature of cloud computing services, it might be difficult to differentiate changes that would constitute amendment of the contract from those changes that would not. For example, the customer's use of any options made available from the outset in the contract would not necessarily constitute an amendment of the initial contract, nor would changes in services resulting from routine maintenance and other activities of the provider covered by the contract (read more). The addition of features not covered by the originally agreed terms and thus justifying changes in price may, on the other hand, constitute amendment of the contract. Any updates leading to material changes to previously agreed terms and policies may also constitute an amendment of the contract.
The extent of permissible modifications to public contracts may be limited by public procurement rules that usually restrict the freedom of parties to renegotiate terms of a contract that were subject to public tendering proceedings.
In the light of frequent modifications of the originally agreed terms, each party may wish to independently store the complete set of the originally agreed terms and their modifications.