SaaS Agreements – Terms and Conditions – Limitation Clauses

SaaS suppliers should always include limitation clauses in their SaaS terms and conditions to attempt to limit or exclude liability for certain types of losses and to cap their financial liability for breaches of contract. However, in order for limitation clauses to be valid, SaaS suppliers must ensure that the wording of the limitation clause is clear and unambiguous, otherwise the whole clause could be ruled void by a court and the SaaS supplier’s liability will then be unlimited.

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SaaS Agreements – SLA – Data Backup

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.

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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, 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?

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