This premium SaaS terms and conditions contains all of the provisions in the standard version, but with a number of additions. The main additions are as follows: (i) provisions covering customisation work done by the vendor; (ii) provisions covering the licensing of an application that the customer must deploy in order to use the services; (iii) confidentiality provision protecting the vendor; (iv) contract management provisions; (v) extended indemnity provision; and (vi) a formal change control procedure. You can see selected clauses from the standard version here:
Sample SaaS Terms and Conditions
This document is in substance almost identical to our premium SaaS agreement template. The difference between them is largely presentational. This "T&Cs" template is specifically designed to be used to create terms and conditions type documents. Usually, the specifics will be detailed in a separate document (e.g. a statement of services). This style of document is typically used where one party is imposing its standard terms of trading on the other party, and where the terms are not up for negotiation. It may be suitable for use in relation to an online sign-up procedure.
(1) Definitions and Interpretation
(2) Agreement and Term
(3) The Platform
(4) The Application
(5) Support Services and Upgrades
(6) Customisations
(7) Management
(8) Customer Materials
(9) Trial Period
(10) Charges
(11) Change control
(12) Warranties
(13) Indemnities
(14) Limitations and exclusions of liability
(15) Data protection
(16) Confidentiality and publicity
(17) Termination
(18) Effects of Termination
(19) Notices
(20) Force Majeure Event
(21) General
Schedule 1 - Service Level Agreement
Schedule 2 - Charges
Schedule 3 - Acceptable Use Policy
Schedule 4 - Form of CCN
The document also includes a skeleton statement of services. This highlights the information that will vary from contract to contract (e.g. customer details). The variable information needs to be set out in a document agreed between the parties. That could for example be a signed statement of services. Alternatively, it could be an web page generated using information gathered from an online form.
This template is included in our premium
Software Developer Pack.
This SaaS T&Cs template is supplied in Word document format for easy editing, and is 35 pages long.
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