In our previous article, we mentioned the potential problems that may arise regarding the arbitration conditions in cloud computing contracts (Please see…). In this article, we explain the problems that may arise regarding the nonliability clauses in cloud computing contracts.
4) The Problems That May Arise Regarding the Nonliability Clauses
During the provision of cloud computing service; problems such as illegally recording of data by third parties, collapse or slowdown of the cloud computing system, decrease in system performance, system access problems, data loss or other service defects may occur. Such problems may cause the criminal and civil liability of the party especially the one who is service provider of the contract. For this reason, various nonliability clauses are generally included in cloud computing contracts and the validity of these nonliability clauses is depending on the law applicable to the contract.
Assuming that the applicable law is the Turkish Law, it is necessary to evaluate the nonliability clauses by considering the Article 115 of the Turkish Code of Obligations No. 6098. Accordingly, the clauses regarding that the service provider will not be liable for gross faults will be void. In addition, if the service provider fulfills his obligations through assisting persons, it is possible that the liabilty arising from the actions of the assisting persons can be partially or completely removed with the agreement of both parties.
In our next article, we will explain the problems thay may arise regarding the termination of cloud computing contracts.
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