Need for an NDA
If prospects do not sign a non-disclosure agreement (NDA) or confidentiality agreement prior to a SaaS supplier disclosing it’s business secrets and confidential information, the prospect will have no duty to keep this information confidential. An NDA should therefore include some basic legal clauses to protect your business if you win the sale and more importantly, if you don’t.
Category: SAAS
SaaS, ASP Agreements – Liability for Website Content
SaaS suppliers must protect themselves in their SaaS agreement against a third party claiming compensation for breaches of their rights as a result of customers uploading illegal content onto the supplier hosted website. Service Providers and ISPs SaaS suppliers are service providers not internet service providers (ISP)s. SaaS suppliers publish
Continue readingSaaS, ASP Agreements – Distributor or Agent – Is there a Difference?
To find leads and sell SaaS software to customers on a global basis many suppliers use distributors or agents in the countries in which they wish to sell their products, but where they have no physical presence themselves. Suppliers need to decide whether the local partner acts as an agent or a distributor. There are important differences, advantages and disadvantages.
Continue readingSaaS, ASP Agreements – Data Protection Issues with Sub-contractors – Standard Contractual Clauses
Using a sub-contractor to process your SaaS customer data is a problem under data protection law, where the sub-processor is based outside of the European Economic Area (EEA). Incorporating EU standard contractual clauses into your SaaS agreement is NOT the solution to this common problem. EU Standard Contractual Clauses Under
Continue readingSaaS, ASP Agreement – SLA – Maintenance and Support Requirements
Duty to Acknowledge, Respond and Fix Errors
Clearly identify these three actions in the SLA. State when your duty to act starts. Does time for you to acknowledge, respond or fix a problem start to run upon receipt of a customer message, from your acknowledgement of the error, or some other trigger event?
Continue readingLegal Clauses to Include in a SaaS Sales Proposal
SaaS suppliers often prepare sales proposals in order to win business from prospective clients. A few basic legal clauses should be included in your proposal to protect your business if you win the customer sale, but more importantly, if you don’t.
Continue readingBenefits of SaaS and Cloud Computing
The benefits of SaaS (software as a service) applications to customers are numerous. They include: customer collaboration access anytime/anywhere, no need to install programmes and updates, number of users can be increased or decreased easily more functions and modules can be quickly and easily added reduced need for internal IT
Continue readingCloud based Software, Cloud based Technologies, Cloud based Services
If things go wrong, your data is lost and your customers start to move to your competitors – making a claim for breach of contract will not repair the damage already sustained to your finances and business reputation. These issues should be dealt with upfront, as part of the commercial negotiation process, with the assistance of an experienced specialist SaaS lawyer. Thereby your interests can be adequately covered to minimise the risks of the above scenario occurring.
Continue readingCloud Computing and the Legal Cloud
What is Cloud Computing
Cloud computing is a new and rapidly expanding delivery model, often used to supply IT services to customers via the Internet. Cloud computing involves the sharing of resources, software and information on the Internet for users to use on their computers and other devices, on-demand.
Continue readingSaaS, ASP Agreements – Transfer of Personal Data outside of the EEA
There are no restrictions on transferring personal data within the EEA. However, due to the global nature of SaaS or ASP agreements personal data often needs to be transferred outside of the EEA, for example to an IT outsourcing provider in India, a subsidiary of your company in China or a data centre or software development centre in Vietnam.
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