SaaS Agreements – FAQs – What is SaaS and Essential Terms to include in a SaaS Agreement

SaaS is the abbreviation for “software as a service”. You may know this under another name, for example subscription agreement, software on demand, software subscription agreement, cloud computing or ASP services (application service provider). These names all refer to the same thing – software being made available via the Internet to users.

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SaaS Agreements – Brexit – Amendments to Terms and Conditions

SaaS suppliers and SaaS customers are becoming increasingly concerned about the effect of “Brexit” upon the terms of their existing SaaS agreements, particularly where contracts are subject to English law or SaaS suppliers or customers are located within the UK. Below is a summary of the main issues that SaaS suppliers need to be aware of that may result in problems arising now or in the future with the terms of their existing SaaS agreements.

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SaaS Agreements – Reseller Agreements – Price Fixing

SaaS suppliers and SaaS resellers should be aware that price fixing is illegal under UK and EU competition law. Often SaaS resellers are not aware that the terms of their SaaS reseller agreement include price fixing clauses. For example: If the SaaS reseller agreement includes clause on resale price maintenance (RPM). This will usually be deemed to be price fixing by the Competition and Markets Authority (CMA) who investigates breaches of competition law in the UK.

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SaaS Agreements – Legal Implications of Brexit

SaaS suppliers and SaaS customers wondering about the business implications of a Brexit and how to prepare for this should be aware of the following. Despite the result of the referendum in the UK indicating that the UK will leave the European Union (EU), currently this has no legal consequence or effect upon the operations of SaaS suppliers or SaaS customers.

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