Escrow arrangement for cloud applications and software

You use the Cloud – but have you ever thought about the implications that this could have on continuity? What are the consequences of Cloud. On the one hand flexibility on the other hand complete trust in your Cloud supplier.

What would happen if a supplier was no longer available to support software due to a merger, acquisition or legal dispute? If your supplier is no longer available the consequences would be incalculable. Using Cloud also means a no availability of your critical business processes. That means your organisation has to focus its efforts on many fronts; technical, judicial and operational.

That’s why Escrow Alliance Developed the Cloud Escrow Solution!

A Cloud Escrow Solution guarantees the continuity of software use within companies. In unforeseen circumstances the end user is assured of the continued use of critical processes and data.

The Cloud Escrow Solution puts continuity first. This means that a mix of extensive marketing knowledge, intellectual property experience, technology training and the ‘business model’ must be taken into account when choosing a correct Cloud Escrow Provision.

The Cloud Escrow Provision solves the problem when an organisation loses a Cloud application provider and prevents the problem even becoming problem. A Cloud Escrow Provision ensures an uninterupted availability of any application.

The Cloud Escrow Provision
An escrow provision consists of 3 main components: the contract, the depot (cloud-depot and the storage of the depot), the escrow verification of the processes and materials.

The contract
The contract contains 3 main elemenents the escrow agreement regarding the source code, object code, databases, the infrastructure, the eco-systems around the application, any underlying contracts and the SLAs and of course the conditions whereby the information and systems are available for the end user.

Escrow 2.0 = Cloud Escrow = Business Continuity

The deposit
The escrow depot consists of a digital online deposit environment within the cloud platform for direct availability (disaster recovery) and a physical depot at Escrow Alliance for the long term which holds object code, user guides and other documentation.
The verification
The verification checks that the processes are complete and in good working order. Alongside this, Escrow Alliance, also checks the restore procedure. Its outcome can be used in relation to continuity planning.

Cloud Escrow Provision
The Cloud Escrow Provision assumes a situation where the reseller acts a distributor of an application environment which it offers to licensed end users. The end user is the beneficiary of the agreement. The Cloud Escrow Provison applies to all clients (end users) and implementations of the reseller.

The owner (of the intellectual property) of the application agrees with in accordance with the Cloud Escrow Provisions that in the absence of the reseller the licensed package will be available for a contractually agreed period.

Our technology partners provide alternative environments which use reserved cloud capacity. This allows the end user to use its applications with limited or no downtime. Escrow Alliance manages the escrow agreement, checks the status of appointments and communicates with the parties about the findings.

Application, data & verification
Escrow Alliance checks the availability of the application environment within the virtual escrow environment and, when asked by the end user, executes a “fire drill” to test the availability. The ‘disaster recovery environment’ is a complete and operationally working environment. It includes a copy of all data and used applications from the end user.

Cloud Escrow provides continued availability
The verification services aim to check the availability of the application. Escrow Alliance has four levels for Cloud services: Technical Verification Services (TVS) Level 1 through 4.