This SaaS terms and conditions template is designed for use in relation to the provision by one business of software-as-a-service to another business.
The content of these T&Cs is almost identical to that of our SaaS agreement. However, they differ significantly inform. One fundamental benefit of the SaaS model is standardisation. If a software vendor provides only one version of the software to all its customers, both support and maintenance become less burdensome. Standardisation can however be undermined by individually-negotiated contracts. This T&Cs templates can be used for either online or offline contracting, and in either case does not represent the "invitation to negotiate" that the SaaS agreement does.
The data protection clauses in the terms and conditions take account of the specific rules relating to controller-processor contracts that are included in the General Data Protection Regulation (GDPR).
There are three different variants on the template.
The basic template includes all the core provisions that you would expect to find in any SaaS document, but little else.
In addition to the provisions of the basic template, the standard SaaS T&Cs cover:
- set-up services;
- availability, support services and maintenance services (more detail);
- customer assistance;
- data protection issues (more detail); and
In addition to the provision of the standard template, the premium SaaS T&Cs cover:
- acceptance testing;
- change control;
- expenses and timesheets;
- the service provider's confidential information;
- party representatives;
- project management; and
- staff poaching.
All versions of the document also includes a skeleton services order form. 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 a web page generated using information gathered from an online form.
These T&Cs are designed for business-to-business services, and should not be used in relation to customers who are consumers.
This template is commonly used in conjunction with our privacy and cookies policy template and our website disclaimer template.