Increasingly SaaS customers are asking for detailed exit provisions to be included in the terms of SaaS agreements. Such requests usually cover the return of data, the provision of transition assistance and non-solicitation clauses. If such terms are not already included in your SaaS agreement it is advisable to add these in order to protect your interests upon termination of the customer relationship.
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SaaS Agreements – Liability – Covering the Risks with Insurance
Below is a summary of the mandatory and optional insurance options that SaaS suppliers should consider when selling SaaS products and services via a UK based company. Employers Liability Insurance This insurance is mandatory. It covers claims relating to injuries to your employees. All businesses in Great Britain (England, Scotland
Continue readingSaaS Agreements – Software Licence – Open Source Issues
The use of open source software (OSS) by SaaS suppliers is becoming increasingly common. If you use, or plan to use OSS as part of your SaaS software, it is essential that you check the specific terms of any OSS licence, as you will need to comply with these terms
Continue readingSaaS Agreements – Terms and Conditions – Indemnities
The terms of your SaaS agreement will usually include indemnities to protect you or your SaaS customer, as applicable. The type and nature of such indemnities and which party should be giving them will depend upon the type of SaaS software being used and the business sector in which your
Continue readingSaaS Agreements – Data Protection – Customer Privacy Policy
SaaS Customers often ask or expect SaaS supplier’s to provide them with a privacy policy for use in conjunction with their SaaS products. SaaS suppliers should firmly refuse such requests. Firstly, as they could face liability claims from the customer if the privacy policy is in appropriate and secondly while you will have no adequate knowledge of the issues set out below, which will need to be covered in the privacy policy.
Continue readingSaaS Agreements – Terms and Conditions – Email Marketing Rules
There are a number of guidelines and laws that have to be complied with when sending marketing emails and text messages in the UK. If you are a SaaS supplier who provides email marketing services as part of your SaaS services to customers you should ensure that your SaaS customers comply with the following rules and Regulations. Also do not forget that you may need to comply with the rules yourself when carrying out your own email marketing campaigns.
Continue readingSaaS Agreements – Data Protection – Anonymising Data
Often SaaS suppliers or SaaS customers anonymise personal data for use in statistical or marketing information but are unaware that by using such anonymised data they could be breaching the Data Protection Act 1998 (DPA). The Information Commissioner’s Office (ICO) has recently confirmed that anonymised personal data may be disclosed without the consent of the data subject, provided that the anonymised data when linked with other information will not lead to the identification of an individual.
Continue readingSaaS Agreements – Customer Lists – Social Media Contacts
If you actively encourage or allow your employees to use LinkedIn and Twitter to store or build up their business contacts you need to ensure that you have control over how this information will be used if the employee ceases to work for you, as most contacts will be your SaaS customers, other employees and SaaS suppliers.
In the last few years there have only been a handful of court cases in the UK (and the US) providing guidance on this issue and whether or not contacts in social media channels such as LinkedIn and Twitter can be used by ex-employees.
Continue readingSaaS Agreements – Terms and Conditions – Online Sales
SaaS Agreements – Online Sales – Terms and Conditions
Many SaaS suppliers now conclude sales of SaaS products with customers online, usually by having customers “click” acceptance of the supplier’s terms and conditions on their website. When concluding online sales, SaaS suppliers need to ensure that their online terms and conditions include the following information, in order to create a legally enforceable SaaS agreement with the customer.
Continue readingSaaS Agreements – Agency Agreements – Commercial Agents Regulations
SaaS suppliers often use partners to find prospects, refer leads, assist with the sales process or to conclude sales with SaaS customers on behalf of the SaaS supplier. Many SaaS suppliers are not aware that the terms of the Commercial Agents Regulations 1993 apply to the terms of the agreement between the SaaS supplier and its commercial agent.
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