Terms Applicable to the Cloud Services hosted on Amazon Web Services (AWS. The following prevails over anything to the contrary in the base Cloud Service terms between the parties: The Cloud Service application layer (in whole or in part) and Client's data and content are hosted on a third-party cloud service platform not managed by IBM. The Cloud Service infrastructure, certain aspects of the Cloud Service platform, and related services, including: data center, servers, storage and network; application and data backup; perimeter security and threat detection; and APIs for application deployment, monitoring and operation (collectively, the "Third Party Cloud Services") are hosted and managed by the third party provider. Accordingly, notwithstanding anything in this Service Description or the base services agreement under which this Cloud Service is provided (e.g., the IBM Cloud Services Agreement):
a. If the provider of the Third Party Cloud Services notifies IBM that it has withdrawn or terminated its services or IBM's or Client's access to such services, IBM may (i) provide Client access to a functionally-equivalent IBM-hosted Cloud Service offering; or (ii) terminate the Cloud Service immediately upon the effective date of such termination by the third party provider by providing notice of termination to Client.
b. IBM makes no warranties or conditions, express or implied, and IBM will have no liability to Client, regarding the Third-Party Cloud Services or to the Cloud Service to the extent dependent on the Third-Party Cloud Services. The foregoing disclaimer of liability does not apply to or limit compensation that may be payable under the Service Level Agreement section of this Service Description.
c. The IBM Data Security and Privacy Principles (DSP) and Data Processing Addendum (DPA) do not apply to the Third Party Cloud Services or to the Cloud Service solely to the extent dependent on or under the control of the Third-Party Cloud Services or the third party provider. With respect to such Third Party Cloud Services and the Cloud Service to the extent dependent on or under the control of the Third Party Cloud Services or the third party provider, the data protection and technical and operational security measures for the Cloud Service will be no less than those described in the AWS Customer Agreement and its referenced attachments available here: xxxxx://xxx.xxxxxx.xxx/agreement/.
