When providing SaaS services you must specify in your SaaS agreement who is responsible for the backup/loss of customer data. The extent of your backup duties should be included in the service level agreement (SLA) and these will be dependent on a number of factors set out below.
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SaaS Agreements – SLA – Security Issues
As a SaaS supplier you will have noticed the increasing concerns about security voiced by SaaS customers. Your SaaS agreement should provide comfort to your customer by including security provisions in the service level agreement (SLA). The specifc matters covered will depend on a number of factors set out below.
Continue readingSaaS Agreements – Entire Agreement Clauses
In the recent Court of Appeal decision Axa Sun Life Services Plc v Campbell Martin Ltd an entire agreement clause did not exclude liability for pre-contractual misrepresentations although the clause was reasonable under the Unfair Contract Terms Act (UCTA).
Continue readingSaaS Agreements – E-Discovery
As a SaaS supplier you may be ordered by a court as part of a litigation process to identify and disclose physical documents and electronically stored information (e-discovery). This creates problems for SaaS suppliers on a number of levels.
Continue readingSaaS Agreements – Jurisdiction – Information made Available on the Internet
The Court of Appeal has asked the European Court of Justice (ECJ) to determine where publication takes place when information is made available via the internet in relation to a claim for breach of database rights in the UK.
Continue readingSaaS 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.
Continue readingSaaS Agreements – Data Protection – Further Fines by Data Commissioner
On the 8th of February 2011 Ealing and Hounslow Councils were fined £80,000 and £70,000 respectively by the Data Commissioner for serious breaches of the Data Protection Act (DPA) following the theft of two laptops from the house of an employee of Ealing Council.
Continue readingSaaS 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.
Continue readingSaaS Agreements – Sales Agents – Compensation Payable to Agents on Termination
If you use agents in relation to your SaaS agreements, when you terminate the agency agreement under the Commercial Agents Regulations 1993 you must pay the agent compensation, regardless of the reason for the termination.
Continue readingSaaS, 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 content on the Internet on the websites they are hosting for customers. ISPs simply transmit information on behalf of customers i.e. telecommunications companies like AOL and BT and are acting as “mere conduits“. SaaS suppliers do not check content prior
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