Where an international SaaS agreement is entered into between a non-UK SaaS customer and a non-UK company of a SaaS supplier the parties should ensure that the SaaS agreement has been properly executed in accordance with the law of the country of incorporation of each company. Even where the SaaS agreement is governed by English law, failure to properly authorise or execute the SaaS agreement in accordance with the local law of each party could result in the SaaS agreement not being binding. Integral Petroleum SA v SCU – Finanz
Continue readingTag: english law
SaaS Agreements – FAQs – Applicable Law and Jurisdiction
It is important to understand the difference between applicable law and applicable jurisdiction when negotiating a SaaS agreement. Applicable law specifies which country’s laws will apply to your SaaS agreement. Jurisdiction specifies which courts will have authority to deal with a dispute. Usually a UK SaaS agreement will specify the laws of England and Wales as the applicable law and the courts of England will have jurisdiction.
Continue readingSaaS Agreements – The Advantages of using English Law
If you are a SaaS supplier who often deals with customers located outside of the UK, you will have experienced customers insisting on their local law applying to your SaaS agreement. Many SaaS suppliers agree to this by simply removing “English law” from the SaaS agreement and replacing it with, for example, “German law” unaware of the consequences this will have upon their SaaS terms and conditions.
Continue reading