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If you've been thinking about creating a Software as a Service (SaaS) agreement in your company, it's important that you're clued up on how to get the right legal document in place. Read on to discover how a customisable SaaS agreement template can be a great starting point in securing the peace of mind you're looking for.
What's in this guide?
- What is a Software as a Service (Saas) agreement?
- Find a Software as a Service agreement template
- More on where to find a Software as a Service agreement template
- What other options do I have for creating Software as a Service agreement?
- When should I use Software as a Service agreement?
- What does Software as a Service agreement include?
- What isn't usually included in this type of agreement?
- How effective is a Software as a Service agreement?
- SaaS agreement vs procurement contract
What is a Software as a Service (Saas) agreement?
A Software as a Service (SaaS) agreement is a legally-binding document that sets out the terms and conditions of a software delivery solution between a supplier and a customer. Most commonly, under this type of model, the software is hosted centrally and a customer can access the data via the internet and through a subscription.
SaaS agreements can be more straightforward than other types of software licensing models as, once a subscription period ends, it may simply be renewed.
Find a Software as a Service agreement template
Download this template at Lawpath
More on where to find a Software as a Service agreement template
There are a number of places to compare legal documents and templates to help you create a service agreement in a matter of clicks. These include:
- Lawpath. With Lawpath, you can access a number of useful and easy-to-use templates, including a Saas template. By signing up, your first legal document will be free.
- LawLive. This Sydney-based legal contract provider may not have a SaaS agreement template, but it does offer a software distribution and software licence agreement that could meet your needs.
- SEQ Legal. This legal platform that provides access to a number of different SaaS agreement documents.
What other options do I have for creating Software as a Service agreement?
If you don't have the time or bandwidth to write up a new legal agreement, you can always hire a lawyer to create the document for you.
Alternatively, you could have a go at creating the agreement yourself with the help of a customisable legal template. These documents come pre-populated with the key sections you'll want to include in your agreement. You could then share your draft with a legal professional to make sure everything is correct from a legal standing.
Both of these options can be met by reaching out to an online legal service brand. These have become increasingly popular in recent years, given their competitive pricing and ease of use. Some of the leading companies in Australia include as follows:
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Finally, if you have an existing legal team at your organisation then it could be worth reaching out to them.
When should I use Software as a Service agreement?
You should use this document at any time when you want to establish new terms and conditions for a customer obtaining a SaaS agreement from you. Without an agreement in place, you could open yourself up to potential legal issues down the line. Find valuable legal advice now.
What does Software as a Service agreement include?
The template for SaaS should cover a number of aspects, from defining key SaaS terms to the service level that's being offered, as well as clarity on data protection issues and contract termination.
More specifically, a SaaS agreement might include the following aspects:
- The key SaaS services on offer
- Confidentiality rights
- Termination conditions
- Limitations on liability
- Payment of fees
- Warranty and disclaimers
- Support terms
- How any disputes may be resolved.
It's important to keep in mind that each SaaS can have variations depending on the type of product you are securing.
What isn't usually included in this type of agreement?
Your SaaS agreement can be fairly short and to-the-point. It won't need to include any superfluous information that isn't relevant to the terms of the contract. For example, avoid including any personal information that can be traced back to your employees.
How effective is a Software as a Service agreement?
As previously mentioned, a quality SaaS agreement can make all aspects of the delivery of your services very clear and help all parties to avoid disputes. The termination of a SaaS agreement clause can state clearly to users the consequences of any terms being breached. This agreement may also outline other helpful information that is of benefit to your customers, such as the support response time of your service.
SaaS agreement vs procurement contract
It's important to note that a SaaS agreement is distinct from a procurement contract because it will focus solely on the terms related to the specific SaaS package that's being offered. If there are likely to be add-on services provided by your organisation, then it may also be worth looking into procurement contracts.Back to top
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