SaaS Agreements – SLA – Error Fix Times

There are no standard fix times for remedying software errors, problems and bugs in a SaaS agreement. Fix times need to be tailored to the services being provided and should be set out in the service level agreement (SLA). The following factors need to be considered when SaaS suppliers establish fix times in their SaaS agreement.

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SaaS Agreements – SLA – Maintenance

From time to time you will need to carry out emergency maintenance to the SaaS software. You should therefore include an emergency maintenance section in your SLA so that you can install emergency patches and repairs on your servers. The maintenance section of your SLA should permit you to carry out emergency maintenance at any time and the obligation to provide the customer with prior notice should be on a best efforts basis.

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SaaS Agreement – Terms and Conditions – Limitation of Liability Invalid

Do you always ensure that your SaaS terms apply to contracts with customers. If not, the High Court has decided in Ghsp Inc v Ab Electronic Ltd that where two companies fail to agree on whose terms and conditions shall apply to an agreement, neither company’s terms can be enforced. This resulted in the supplier having unlimited liability to the customer for defective parts it had supplied.

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SaaS Agreements – Freedom of Information Act – Disclosure

Last week the Information Tribunal ordered a Government department to publish specific details of a major IT contract with Atos Origin, following an individual’s request for information under the Freedom of Information Act (FOI). Pursuant to section 43 of the FOI, the Government body had refused to disclose the material requested on the basis that it was a trade secret and that disclosure would damage the commercial interests of the parties.

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