An Analysis on the Terms and Conditions of the Clickwrap Agreement and the Benefits of Maintaining the Click Wrap Agreement in Cloud Computing

Abstract

One of the most unique forms of contracting is apparent in cloud computing. Cloud computing, unlike other conventional methods, has adopted a different approach in the formation of binding contract that will be used for the governance of the cloud. This method is namely the clickwrap agreement. Click wrap agreement follows a take it or leave it basis in which the end users are provided with limited to no option in terms of having a say on the contract that binds them during the use of cloud services. The terms found in the contract are often cloud service provider friendly and will be less favourable to the end user. In this article, the authors examine the terms that are often found in the cloud computing agreement as well as study the benefit that is entailed in adopting this contracting method. This chapter has undertaken a qualitative study that comprises interviews of cloud service providers in Malaysia. Hence, this study is a novel approach that also provides insight in terms of the cloud service provider perspective regarding the click wrap agreement.