Virus clause: Copy, customize, and use instantly
Introduction
A virus clause sets out responsibilities and safeguards to prevent, detect, and address viruses, malware, or other harmful code in software, systems, or data exchanged between parties. It helps minimize disruptions, protect data integrity, and allocate liability in case of security breaches. This clause is especially critical in contracts involving software development, IT services, or data exchanges.
Below are virus clause templates tailored to various scenarios. Copy the one you need, customize it, and add it to your contract.
Standard virus clause
This clause assigns responsibility for preventing and addressing viruses.
Each party represents and warrants that any software, systems, or data it provides under this agreement will be free from viruses, malware, or harmful code. If a virus is introduced by a party, that party will take immediate corrective action and bear all associated costs.
Mutual compliance virus clause
This clause emphasizes shared responsibilities.
Both parties agree to implement and maintain commercially reasonable measures to prevent the introduction of viruses, malware, or harmful code into any systems or data exchanged under this agreement. Each party will promptly notify the other if a virus is detected and cooperate to resolve the issue.
Virus indemnity clause
This clause adds indemnification for damages caused by a virus.
The party responsible for introducing any virus, malware, or harmful code under this agreement will indemnify and hold harmless the other party for all damages, costs, and liabilities arising from the incident. Immediate notification and mitigation measures must be taken by the responsible party.
Periodic testing virus clause
This clause mandates ongoing virus testing and prevention efforts.
The parties agree to conduct periodic virus scans and implement updates to their antivirus software to prevent the introduction of viruses, malware, or harmful code. Each party will provide evidence of compliance upon request.
Data exchange virus clause
This clause focuses on secure data exchanges.
Any data exchanged between the parties under this agreement must be scanned for viruses, malware, and harmful code prior to transmission. The transmitting party is responsible for ensuring the data is free from such threats.
Breach response virus clause
This clause defines procedures in case of a virus-related breach.
If a virus, malware, or harmful code is introduced into any systems or data under this agreement, the responsible party must notify the other party within [insert timeframe] and take all necessary steps to resolve the issue, including providing technical support and compensation for damages.
No liability for third-party virus clause
This clause excludes liability for third-party viruses.
Neither party will be liable for damages caused by viruses, malware, or harmful code introduced by third-party systems or software, provided the affected party has taken commercially reasonable preventive measures.
Virus warranty clause
This clause ensures a warranty against viruses.
The party providing software, systems, or data under this agreement warrants that such deliverables will be free from viruses, malware, and harmful code. Any breach of this warranty will entitle the other party to immediate remediation or replacement at no additional cost.
Virus compliance certification clause
This clause requires proof of compliance with virus protection standards.
Each party must certify compliance with applicable industry standards for virus protection, including maintaining up-to-date antivirus software and conducting regular security assessments. Certification must be provided annually or upon request.
Open-source software virus clause
This clause addresses risks from open-source components.
Any open-source software incorporated under this agreement must be vetted for viruses, malware, and harmful code. The party introducing such software assumes responsibility for any damages arising from its use.
Cloud environment virus clause
This clause focuses on cloud-based systems.
Both parties agree to implement stringent security protocols to prevent the introduction of viruses, malware, or harmful code into cloud environments utilized under this agreement. Each party is responsible for monitoring and securing their respective cloud resources and will promptly notify the other of any detected breaches.
Virus containment clause
This clause defines responsibilities for containing threats.
If a virus, malware, or harmful code is detected in systems or data under this agreement, the responsible party must immediately isolate the affected systems to prevent further spread. Both parties will collaborate to mitigate damages and restore normal operations promptly.
Third-party software virus clause
This clause addresses third-party software risks.
Any third-party software provided under this agreement must be certified as free from viruses, malware, or harmful code. The providing party is responsible for conducting thorough virus scans and assumes liability for any damages caused by such software.
Virus risk allocation clause
This clause allocates risks related to viruses.
Each party agrees to assume responsibility for viruses, malware, or harmful code introduced through their respective systems or personnel. If fault cannot be determined, both parties will share the cost of remediation proportionately based on their use of the affected systems.
Virus reporting timeframe clause
This clause establishes a timeline for reporting incidents.
Any virus, malware, or harmful code detected under this agreement must be reported to the other party within [insert timeframe]. Failure to comply with this reporting requirement will result in liability for all damages caused by the delay.
Virus exclusion zone clause
This clause restricts the use of high-risk software or systems.
Neither party will use or introduce software, systems, or data from sources known to be high-risk for viruses, malware, or harmful code. Any breach of this obligation will result in immediate termination of this agreement.
Virus insurance clause
This clause mandates insurance coverage for virus-related damages.
Each party must maintain insurance coverage sufficient to cover damages caused by viruses, malware, or harmful code introduced under this agreement. Proof of such insurance must be provided upon request.
Virus-free deliverables clause
This clause focuses on ensuring clean deliverables.
All deliverables provided under this agreement, including software and data, must be free from viruses, malware, or harmful code. The providing party will be responsible for all costs associated with remediating any issues caused by non-compliance with this obligation.
Virus audit clause
This clause mandates periodic security audits.
Each party agrees to conduct quarterly security audits to ensure compliance with virus prevention protocols. Audit reports must be shared with the other party upon request, and any identified risks must be mitigated immediately.
Virus remediation timeline clause
This clause defines the timeframe for resolving virus issues.
If a virus, malware, or harmful code is introduced under this agreement, the responsible party must resolve the issue within [insert timeframe]. Failure to meet this deadline will result in liability for all damages incurred due to the delay.
Virus warranty clause
This clause guarantees that deliverables are virus-free.
The providing party warrants that all deliverables, including software, data, and systems, are free from viruses, malware, or harmful code at the time of delivery. Any breach of this warranty will require the providing party to cover all related remediation costs.
Shared virus responsibility clause
This clause outlines mutual responsibilities for virus prevention.
Both parties agree to implement and maintain robust antivirus and cybersecurity measures to prevent the introduction of viruses, malware, or harmful code. Each party will cooperate fully in investigating and resolving any virus-related incidents.
Virus indemnification clause
This clause requires indemnification for damages caused by viruses.
The party responsible for introducing any virus, malware, or harmful code under this agreement agrees to indemnify and hold harmless the other party for all resulting damages, including data loss, system downtime, and associated costs.
Virus patching clause
This clause focuses on timely updates.
Each party is responsible for regularly updating and patching their systems to minimize the risk of viruses, malware, or harmful code. Failure to comply with this obligation will result in liability for damages caused by preventable vulnerabilities.
Virus-specific breach clause
This clause treats virus introduction as a breach.
The introduction of any virus, malware, or harmful code into systems, software, or data under this agreement will constitute a material breach, entitling the non-breaching party to terminate the agreement immediately.
Virus reporting and escalation clause
This clause sets out a formal process for handling viruses.
If a virus, malware, or harmful code is detected, the responsible party must immediately report the incident to the other party and implement escalation procedures. Both parties will work jointly to mitigate the impact and restore normal operations.
Virus impact limitation clause
This clause minimizes the scope of virus-related liabilities.
Neither party will be liable for incidental or consequential damages arising from viruses, malware, or harmful code, except when such issues result from gross negligence or willful misconduct.
Virus response plan clause
This clause requires an agreed response plan.
The parties agree to establish a joint virus response plan to address any incidents involving viruses, malware, or harmful code. This plan will include defined roles, timelines, and procedures for mitigation and recovery.
Virus detection tools clause
This clause mandates specific tools for virus detection.
Both parties must utilize industry-standard antivirus and malware detection tools for all systems involved in this agreement. Failure to use such tools will result in liability for damages caused by undetected threats.
Virus eradication cost clause
This clause assigns responsibility for remediation expenses.
The party responsible for introducing a virus, malware, or harmful code under this agreement will bear all costs associated with its removal, including system restoration and any resulting damages.
Virus scanning obligation clause
This clause emphasizes routine virus scanning responsibilities.
Each party must conduct regular virus, malware, and harmful code scans on their systems and deliverables prior to sharing or implementing them under this agreement. Any failure to comply resulting in damages will be the responsible party's liability.
Virus warranty with penalties clause
This clause adds penalties for breaches of the virus warranty.
The providing party warrants that no viruses, malware, or harmful code are present in any deliverables. In the event of a breach, the providing party agrees to pay liquidated damages of [insert amount] and cover all remediation expenses incurred by the affected party.
Mutual virus liability limitation clause
This clause limits liabilities for virus-related damages unless negligence is proven.
Neither party will be liable for damages caused by viruses, malware, or harmful code unless such issues arise from gross negligence, willful misconduct, or a breach of obligations set forth in this agreement.
Virus notification timeframe clause
This clause specifies a required timeline for virus incident notifications.
In the event of a virus, malware, or harmful code detection, the affected party must notify the other party within [insert timeframe] hours and cooperate fully in identifying the source and resolving the issue.
Virus prevention certification clause
This clause requires parties to certify their compliance with cybersecurity standards.
Both parties must provide annual certifications confirming compliance with agreed cybersecurity and antivirus measures, ensuring all systems are protected against viruses, malware, and harmful code.
Virus-related insurance clause
This clause mandates insurance coverage for virus-related risks.
Each party must maintain cybersecurity insurance that covers damages resulting from viruses, malware, or harmful code introduced under this agreement. Proof of coverage must be provided upon request.
Virus contingency plan clause
This clause requires a contingency plan for virus incidents.
The parties agree to develop and maintain a contingency plan for responding to incidents involving viruses, malware, or harmful code. This plan will outline responsibilities, communication protocols, and recovery procedures.
Virus liability cap clause
This clause sets a maximum liability for virus-related damages.
The total liability of either party for damages caused by viruses, malware, or harmful code introduced under this agreement will not exceed [insert dollar amount], except in cases of gross negligence or willful misconduct.
Virus testing prior to delivery clause
This clause requires pre-delivery virus testing for all deliverables.
The providing party must test all deliverables for viruses, malware, and harmful code prior to delivery. Any failure to comply that results in damages will render the providing party liable for all associated costs.
Virus exclusions clause
This clause excludes liability for viruses beyond a party's control.
Neither party will be held responsible for viruses, malware, or harmful code introduced through third-party systems or services, provided that the party has exercised reasonable precautions to prevent such incidents.
Virus security audit clause
This clause mandates periodic audits to verify virus prevention measures.
The parties agree to conduct periodic security audits to verify compliance with antivirus and cybersecurity obligations under this agreement. Findings will be shared, and corrective measures implemented promptly.
Virus scanning obligation clause
This clause emphasizes routine virus scanning responsibilities.
Each party must conduct regular virus, malware, and harmful code scans on their systems and deliverables prior to sharing or implementing them under this agreement. Any failure to comply resulting in damages will be the responsible party's liability.
Virus warranty with penalties clause
This clause adds penalties for breaches of the virus warranty.
The providing party warrants that no viruses, malware, or harmful code are present in any deliverables. In the event of a breach, the providing party agrees to pay liquidated damages of [insert amount] and cover all remediation expenses incurred by the affected party.
Mutual virus liability limitation clause
This clause limits liabilities for virus-related damages unless negligence is proven.
Neither party will be liable for damages caused by viruses, malware, or harmful code unless such issues arise from gross negligence, willful misconduct, or a breach of obligations set forth in this agreement.
Virus notification timeframe clause
This clause specifies a required timeline for virus incident notifications.
In the event of a virus, malware, or harmful code detection, the affected party must notify the other party within [insert timeframe] hours and cooperate fully in identifying the source and resolving the issue.
Virus prevention certification clause
This clause requires parties to certify their compliance with cybersecurity standards.
Both parties must provide annual certifications confirming compliance with agreed cybersecurity and antivirus measures, ensuring all systems are protected against viruses, malware, and harmful code.
Virus-related insurance clause
This clause mandates insurance coverage for virus-related risks.
Each party must maintain cybersecurity insurance that covers damages resulting from viruses, malware, or harmful code introduced under this agreement. Proof of coverage must be provided upon request.
Virus contingency plan clause
This clause requires a contingency plan for virus incidents.
The parties agree to develop and maintain a contingency plan for responding to incidents involving viruses, malware, or harmful code. This plan will outline responsibilities, communication protocols, and recovery procedures.
Virus liability cap clause
This clause sets a maximum liability for virus-related damages.
The total liability of either party for damages caused by viruses, malware, or harmful code introduced under this agreement will not exceed [insert dollar amount], except in cases of gross negligence or willful misconduct.
Virus testing prior to delivery clause
This clause requires pre-delivery virus testing for all deliverables.
The providing party must test all deliverables for viruses, malware, and harmful code prior to delivery. Any failure to comply that results in damages will render the providing party liable for all associated costs.
Virus exclusions clause
This clause excludes liability for viruses beyond a party's control.
Neither party will be held responsible for viruses, malware, or harmful code introduced through third-party systems or services, provided that the party has exercised reasonable precautions to prevent such incidents.
Virus security audit clause
This clause mandates periodic audits to verify virus prevention measures.
The parties agree to conduct periodic security audits to verify compliance with antivirus and cybersecurity obligations under this agreement. Findings will be shared, and corrective measures implemented promptly.
Virus warranty clause
This clause requires the provider to guarantee virus-free deliverables.
The providing party warrants that all software, systems, and deliverables under this agreement are free from viruses, malware, and harmful code at the time of delivery. Any breach of this warranty will result in liability for direct damages and associated costs.
Virus detection obligation clause
This clause mandates active monitoring for viruses.
Each party agrees to employ commercially reasonable virus detection systems to ensure all deliverables and communications remain free from viruses, malware, and harmful code. Failure to detect and address an issue promptly will constitute a breach of this agreement.
Virus risk allocation clause
This clause clarifies how virus-related risks are allocated.
Both parties agree that virus, malware, or harmful code incidents caused by one party will be solely the responsibility of that party, including all direct and indirect damages incurred by the other party.
Virus certification requirement clause
This clause requires a certification of virus-free systems.
The providing party must certify that all systems, software, and deliverables are free from viruses, malware, and harmful code before delivery. Certification records must be maintained for [insert duration] and made available upon request.
Virus indemnity limitation clause
This clause limits liability for virus-related indemnities.
Each party's liability for virus, malware, or harmful code-related claims will be limited to [insert amount], except in cases of gross negligence or willful misconduct.
Virus incident response clause
This clause defines response protocols for virus incidents.
In the event of a detected virus, malware, or harmful code incident, the affected party must notify the other party within [insert timeframe]. Both parties agree to cooperate fully in resolving the issue and mitigating further damage.
Virus compliance audit clause
This clause allows audits of virus prevention measures.
Each party agrees to periodic audits by the other party or a designated third party to verify compliance with virus, malware, and harmful code prevention obligations. Non-compliance will result in corrective actions and potential penalties.
Virus remediation funding clause
This clause specifies who funds virus-related remediation.
The party responsible for introducing a virus, malware, or harmful code into the systems or deliverables will bear all costs associated with remediation, including third-party vendor fees and operational losses.
Virus mutual responsibility clause
This clause assigns shared responsibility for virus prevention.
Both parties agree to maintain reasonable virus, malware, and harmful code prevention measures, including regular updates to security systems. Responsibility for damages will be assessed based on contributory negligence in the event of an incident.
Virus exclusion clause
This clause excludes liability for certain virus-related incidents.
Neither party will be liable for damages caused by viruses, malware, or harmful code introduced through third-party systems, provided reasonable preventive measures were in place.
Virus response escalation clause
This clause specifies escalation steps for unresolved virus issues.
If a virus, malware, or harmful code issue cannot be resolved within [insert timeframe], the matter will be escalated to senior management of both parties for further action, including potential engagement of third-party cybersecurity experts.
Virus testing assurance clause
This clause requires pre-deployment virus testing.
The providing party must conduct thorough virus, malware, and harmful code testing of all deliverables before deployment. Written assurance of testing completion must be provided to the receiving party.
Virus quarantine clause
This clause specifies immediate isolation of infected systems.
Upon detecting a virus, malware, or harmful code, the affected party agrees to immediately quarantine the compromised systems and notify the other party within [insert timeframe]. The quarantined systems must remain offline until the issue is resolved to the satisfaction of both parties.
Virus prevention training clause
This clause requires regular training on virus prevention.
Both parties agree to conduct regular training sessions for their personnel on virus, malware, and harmful code prevention measures. Failure to implement such training will constitute a breach of this agreement.
Virus recovery timeline clause
This clause sets expectations for virus recovery timeframes.
In the event of a virus, malware, or harmful code incident, the responsible party agrees to fully restore affected systems and deliverables within [insert timeframe], failing which they will be liable for any resulting damages.
Virus mitigation collaboration clause
This clause emphasizes joint efforts to mitigate virus risks.
Both parties agree to cooperate in the identification, containment, and eradication of viruses, malware, or harmful code affecting the systems or deliverables. Any shared costs incurred during this process will be apportioned based on respective responsibilities.
Virus liability exclusion for force majeure clause
This clause excludes liability for virus-related issues caused by force majeure events.
Neither party will be held liable for the introduction of viruses, malware, or harmful code resulting from events beyond their reasonable control, including but not limited to cyberattacks caused by force majeure events.
Virus monitoring and reporting clause
This clause mandates continuous monitoring and prompt reporting.
Both parties agree to implement real-time monitoring tools to detect viruses, malware, or harmful code. Any issues detected must be reported to the other party within [insert timeframe] and steps taken to mitigate risks.
Virus insurance requirement clause
This clause requires insurance coverage for virus-related damages.
Each party must maintain insurance coverage sufficient to cover damages resulting from viruses, malware, or harmful code incidents caused by their systems or deliverables. Proof of such insurance must be provided upon request.
Virus escalation to third-party experts clause
This clause allows external experts to intervene in virus issues.
If virus, malware, or harmful code issues persist despite initial efforts, both parties agree to engage a third-party cybersecurity expert to resolve the matter. The costs of such engagement will be borne by the responsible party.
Virus assurance testing after updates clause
This clause requires testing for viruses after updates.
The providing party agrees to perform virus, malware, and harmful code testing after each update or upgrade to deliverables. Any issues identified must be resolved before redeployment.
Virus incident confidentiality clause
This clause requires discretion regarding virus incidents.
Both parties agree to maintain confidentiality regarding any virus, malware, or harmful code incidents and their resolution. Public disclosure of such incidents requires prior written consent from the other party.
Virus data backup obligation clause
This clause ensures regular backups to mitigate virus damage.
Each party agrees to maintain regular backups of all data and systems relevant to the deliverables under this agreement. In the event of a virus, malware, or harmful code incident, the responsible party will restore the affected systems using the latest backups.
Virus-free open-source usage clause
This clause ensures open-source components are free from viruses.
The providing party warrants that all open-source components included in the deliverables are virus, malware, and harmful code-free. Any breaches of this warranty will result in the responsible party bearing all associated damages and remediation costs.
Virus security audit clause
This clause mandates regular audits for virus risks.
Both parties agree to conduct biannual security audits to identify and address vulnerabilities that could lead to viruses, malware, or harmful code affecting the deliverables or systems. The results of these audits must be shared with the other party within [insert timeframe].
Virus incident notification hierarchy clause
This clause outlines the chain of notification in case of a virus incident.
Upon detecting a virus, malware, or harmful code, the affected party must notify its internal incident response team first, followed by the other party within [insert timeframe]. Escalation to senior leadership will occur if the issue is not resolved within [insert period].
Virus indemnification clause
This clause holds the responsible party accountable for damages.
The party responsible for introducing viruses, malware, or harmful code will indemnify the other party for all damages, including but not limited to data loss, operational downtime, and reputational harm, resulting from the incident.
Virus-free software assurance clause
This clause ensures the software provided is free of viruses.
The providing party warrants that all software and deliverables under this agreement are free from viruses, malware, and harmful code. If any such issues are detected, the responsible party will resolve them at their sole cost within [insert timeframe].
Virus proactive monitoring clause
This clause emphasizes prevention over reaction.
Both parties agree to implement proactive monitoring tools and processes to detect and prevent the introduction of viruses, malware, or harmful code. Regular updates to these tools must be applied to ensure ongoing effectiveness.
Virus disaster recovery testing clause
This clause requires testing of recovery plans.
Both parties agree to conduct annual testing of their disaster recovery plans to ensure readiness in addressing virus, malware, or harmful code incidents. Results from these tests must be shared and reviewed jointly.
Virus response coordination clause
This clause focuses on synchronized virus response efforts.
In the event of a virus, malware, or harmful code incident, both parties agree to appoint a joint task force to coordinate response efforts, ensuring minimal disruption to the deliverables and operations.
Virus-specific breach clause
This clause treats virus incidents as a breach.
The introduction of viruses, malware, or harmful code into the systems or deliverables by a party will constitute a material breach of this agreement, entitling the other party to terminate the agreement and pursue damages.
Virus-free deliverables certification clause
This clause requires certification of deliverables as virus-free.
The providing party agrees to submit a certification that all deliverables have been tested and confirmed to be free from viruses, malware, or harmful code prior to acceptance by the receiving party.
Virus remediation timeframe clause
This clause sets strict deadlines for remediation.
Any viruses, malware, or harmful code detected must be resolved by the responsible party within [insert timeframe]. Failure to do so will result in the imposition of penalties as outlined in this agreement.
Virus origin tracing clause
This clause requires identifying the source of the virus.
In the event of a virus, malware, or harmful code incident, the affected party agrees to work with the other party to trace the source of the issue. Costs for this investigation will be borne by the responsible party if negligence is established.
Virus mutual liability cap clause
This clause limits liability for virus-related incidents.
Both parties agree that liability for damages arising from viruses, malware, or harmful code incidents will not exceed [insert amount], unless the incident was caused by gross negligence or willful misconduct.
Virus escrow requirement clause
This clause mandates escrow for critical systems.
The providing party agrees to deposit the source code and documentation for critical systems into escrow to ensure continued operations in case of virus, malware, or harmful code incidents affecting their systems.
Virus independent verification clause
This clause mandates third-party testing for viruses.
The providing party agrees to submit all software and systems for independent third-party verification to ensure they are free from viruses, malware, or harmful code prior to delivery. Verification reports must be shared with the receiving party.
Virus residual risk clause
This clause addresses acceptable levels of risk.
Both parties acknowledge that despite robust security measures, residual risk of viruses, malware, or harmful code cannot be entirely eliminated. Each party agrees to collaboratively mitigate risks as they arise.
Virus training obligation clause
This clause requires employee training on virus prevention.
Each party agrees to conduct mandatory annual training for employees on virus, malware, and harmful code prevention to reduce the likelihood of incidents affecting the deliverables or systems.
Virus shared recovery costs clause
This clause allocates costs for virus recovery.
In the event of a virus, malware, or harmful code incident, both parties agree to share the costs of recovery and mitigation based on a proportionate allocation of fault as determined by an independent third party.
Virus certification expiration clause
This clause specifies timeframes for recertification.
Virus-free certifications provided by the delivering party will remain valid for a period of [insert timeframe]. Recertification will be required for any updates, patches, or new deliverables.
Virus financial penalty clause
This clause imposes financial penalties for non-compliance.
The introducing party will be subject to a financial penalty of [insert amount] for each instance of a virus, malware, or harmful code detected in the deliverables or systems.
Virus historical audit clause
This clause requires retroactive audits for viruses.
The providing party agrees to conduct historical audits of software and systems to identify potential pre-existing viruses, malware, or harmful code that could affect the deliverables. Findings must be disclosed to the receiving party.
Virus compatibility assurance clause
This clause ensures software compatibility.
The providing party warrants that all software and systems provided under this agreement will be compatible with the receiving party’s existing virus and malware detection systems.
Virus customer notification clause
This clause requires notification of downstream customers.
In the event of a virus, malware, or harmful code incident, the responsible party agrees to notify all impacted downstream customers within [insert timeframe], outlining the scope of the incident and remediation steps.
Virus continuous monitoring clause
This clause requires ongoing virus detection efforts.
Both parties agree to implement continuous monitoring systems to detect and respond to viruses, malware, or harmful code in real-time. Monitoring reports will be shared quarterly.
Virus escalation protocol clause
This clause outlines a structured escalation process.
Any virus, malware, or harmful code incident will follow a structured escalation protocol, beginning with notification to the incident response team, followed by senior management, and, if unresolved within [insert timeframe], external legal or technical consultation.
Virus liability shift clause
This clause reallocates liability for virus introduction.
Liability for damages caused by viruses, malware, or harmful code introduced by third-party software or vendors will shift to the introducing party, provided the other party has exercised reasonable security measures.
Virus patch application clause
This clause mandates prompt patch updates.
The providing party agrees to apply all necessary virus, malware, or harmful code patches within [insert timeframe] of their release and notify the receiving party upon completion.
Virus regulatory compliance clause
This clause ensures adherence to regulations.
Both parties agree to comply with all applicable regulations and industry standards concerning viruses, malware, and harmful code, including but not limited to data security and breach notification requirements.
Virus redundant systems clause
This clause requires backup systems for virus resilience.
The providing party will maintain redundant systems to ensure continuity of services in the event of a virus, malware, or harmful code incident affecting primary systems.
Virus independent verification clause
This clause mandates third-party testing for viruses.
The providing party agrees to submit all software and systems for independent third-party verification to ensure they are free from viruses, malware, or harmful code prior to delivery. Verification reports must be shared with the receiving party.
Virus residual risk clause
This clause addresses acceptable levels of risk.
Both parties acknowledge that despite robust security measures, residual risk of viruses, malware, or harmful code cannot be entirely eliminated. Each party agrees to collaboratively mitigate risks as they arise.
Virus training obligation clause
This clause requires employee training on virus prevention.
Each party agrees to conduct mandatory annual training for employees on virus, malware, and harmful code prevention to reduce the likelihood of incidents affecting the deliverables or systems.
Virus shared recovery costs clause
This clause allocates costs for virus recovery.
In the event of a virus, malware, or harmful code incident, both parties agree to share the costs of recovery and mitigation based on a proportionate allocation of fault as determined by an independent third party.
Virus certification expiration clause
This clause specifies timeframes for recertification.
Virus-free certifications provided by the delivering party will remain valid for a period of [insert timeframe]. Recertification will be required for any updates, patches, or new deliverables.
Virus financial penalty clause
This clause imposes financial penalties for non-compliance.
The introducing party will be subject to a financial penalty of [insert amount] for each instance of a virus, malware, or harmful code detected in the deliverables or systems.
Virus historical audit clause
This clause requires retroactive audits for viruses.
The providing party agrees to conduct historical audits of software and systems to identify potential pre-existing viruses, malware, or harmful code that could affect the deliverables. Findings must be disclosed to the receiving party.
Virus compatibility assurance clause
This clause ensures software compatibility.
The providing party warrants that all software and systems provided under this agreement will be compatible with the receiving party’s existing virus and malware detection systems.
Virus customer notification clause
This clause requires notification of downstream customers.
In the event of a virus, malware, or harmful code incident, the responsible party agrees to notify all impacted downstream customers within [insert timeframe], outlining the scope of the incident and remediation steps.
Virus continuous monitoring clause
This clause requires ongoing virus detection efforts.
Both parties agree to implement continuous monitoring systems to detect and respond to viruses, malware, or harmful code in real-time. Monitoring reports will be shared quarterly.
Virus escalation protocol clause
This clause outlines a structured escalation process.
Any virus, malware, or harmful code incident will follow a structured escalation protocol, beginning with notification to the incident response team, followed by senior management, and, if unresolved within [insert timeframe], external legal or technical consultation.
Virus liability shift clause
This clause reallocates liability for virus introduction.
Liability for damages caused by viruses, malware, or harmful code introduced by third-party software or vendors will shift to the introducing party, provided the other party has exercised reasonable security measures.
Virus patch application clause
This clause mandates prompt patch updates.
The providing party agrees to apply all necessary virus, malware, or harmful code patches within [insert timeframe] of their release and notify the receiving party upon completion.
Virus regulatory compliance clause
This clause ensures adherence to regulations.
Both parties agree to comply with all applicable regulations and industry standards concerning viruses, malware, and harmful code, including but not limited to data security and breach notification requirements.
Virus redundant systems clause
This clause requires backup systems for virus resilience.
The providing party will maintain redundant systems to ensure continuity of services in the event of a virus, malware, or harmful code incident affecting primary systems.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.