Guidance and Solutions for Cloud-Based Businesses
We have negotiated SaaS agreements for all size companies and all industries, including banking, telecommunications, insurance, futures commodities, food production and distribution, advertising, car rental, heath care, air travel, and agricultural technologies.
The Software as a Service (SaaS) business model is rapidly replacing software licenses. The governing contracts for SaaS offerings retain many elements of software licensing agreements, but also require a re-engineered approach and additional considerations.
SaaS transactional agreements will contain a number of specialized provisions that need to be carefully drafted and negotiated in the best manner to protect the SaaS vendor, while addressing the common concerns of SaaS customers. Some of these provisions include:
Commercial Terms: For the SaaS vendor, the commercial terms are the reason for the transaction. There are many ways fees and related commercial terms can be structured. GalkinLaw attorneys will provide advice on these matters gained through years of experience structuring and negotiating SaaS commercial terms.
Service Level Agreement (SLA) Terms: An SLA has become a standard component of SaaS agreements and is expected by customers. SLAs and related terms can take many forms. We will work with you to prepare an SLA that reflects your business and the expectations of your industry.
Data Protection: Data protection is a key concern for customers of SaaS offerings. SaaS providers are best served by being proactive and presenting a robust data protection agreement to customers. As is often the case, customers will insist on their own data protection agreement terms. We have the experience needed to negotiate these terms as needed to protect your interests.
Data Security: In addition to data protection terms, SaaS customers will be keenly interested in the security measures that a SaaS vendor will have in place. While the data security terms need to be prepared by the SaaS vendor, our attorneys can review those terms to ensure that they will operate in a manner that is commercially practical.
General Legal Terms: As mentioned, many legal terms in a SaaS agreement will be similar to those found in software licenses, and general commercial agreements. However, multiple variations will be required in order to optimize those terms to both protect your interests and address the concerns of the customers.
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