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.
Continue readingSaaS 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.
Continue readingSaaS Agreements – SLA – Service Credits
In order to limit your liability for the availability of the SaaS software that you provide to customers under a SaaS agreement you should consider whether or not to offer service credits in your SLA.
Continue readingSaaS Agreements – SLA – Maintenance
From time to time you will need to carry out emergency maintenance to the SaaS software. You should therefore include an emergency maintenance section in your SLA so that you can install emergency patches and repairs on your servers. The maintenance section of your SLA should permit you to carry out emergency maintenance at any time and the obligation to provide the customer with prior notice should be on a best efforts basis.
Continue readingSaaS, ASP Agreements – Distributor or Agent – Is there a Difference?
To find leads and sell SaaS software to customers on a global basis many suppliers use distributors or agents in the countries in which they wish to sell their products, but where they have no physical presence themselves. Suppliers need to decide whether the local partner acts as an agent or a distributor. There are important differences, advantages and disadvantages.
Continue readingSaaS, 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?
Continue readingCloud Computing and the Legal Cloud
What is Cloud Computing
Cloud computing is a new and rapidly expanding delivery model, often used to supply IT services to customers via the Internet. Cloud computing involves the sharing of resources, software and information on the Internet for users to use on their computers and other devices, on-demand.
Continue readingSaaS, ASP Agreements – FAQs – Disaster Recovery
What disaster recovery provisions need to be included in a SaaS agreement?
Continue readingSaaS Agreements – Essential Elements
The following legal issues should be included in any ASP or SaaS agreement, whether you are a SaaS supplier or a SaaS customer.
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