IT & SAAS Agreements

Generally, a SaaS agreement should include data security and privacy, service levels, availability and uptime, clarity regarding intellectual property rights, limitations on liability, data ownership and access, termination terms, and data backup and recovery. These clauses are critical to managing risk and ensuring service continuity.

SaaS agreements can sometimes be negotiable, depending on the provider’s size and the customer’s needs. While many large SaaS providers offer standard contracts with limited room for changes, provisions like service levels, data handling, and liability limitations may be open to negotiation, especially in enterprise-level contracts. We can help with the negotiation process.

This depends on the terms of the agreement, but generally, the customer owns their data, while the service provider retains ownership of the software and platform.

While templates can be a starting point, they may not address specific risks or comply with relevant laws. A customised agreement is crucial to protect your interests effectively.

An enterprise-level agreement is an agreement with a large-scale provider such as Apple or Amazon.  Whilst there is often very limited scope to negotiate these agreements, it’s important to know what you are signing and how it could impact your business.  For example, there may be lock-in pricing or specific costs that will impact your business, and there may be a minimum term or some other clauses that could have a negative impact on you.  Having the agreement reviewed means that you can make an informed decision about whether to proceed with the relevant provider.

The agreement should specify how data will be returned or securely deleted after termination to protect both parties.