SaaS Agreements – Terms and Conditions – Limitation of Liability

The terms of a SaaS agreement should always include a clause limiting the SaaS supplier’s liability to the customer. The specific details of the liability clause will depend upon the type of SaaS software being supplied, the value of the SaaS agreement and what is usual in the business sector in which the parties operate.
The following issues should be covered by the limitation of liability clause in most SaaS agreements.

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SaaS Agreements – Data Protection – Liability for Loss of Backup Tapes

A SaaS supplier can be liable for the loss of backup tapes, not just under the terms of its SaaS agreement but also the Data Protection Act 1998, the Financial Services Authority regulations or other UK rules or regulations regardless of whether the SaaS supplier, its data centre or a third party losses the backups of customer data.

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Bodle Law