Software as a service (SaaS) agreement—pro-customer
Produced in partnership with Kit Burden of DLA Piper
Software as a service (SaaS) agreement—pro-customer

The following TMT precedent produced in partnership with Kit Burden of DLA Piper provides comprehensive and up to date legal information covering:

  • Software as a service (SaaS) agreement—pro-customer
  • Background
  • 1 Definitions and interpretation
  • 2 Commencement and Term
  • 3 Provision of the Services
  • 4 Training and operations manual
  • 5 Supplier warranties and obligations
  • 6 Use of the Services
  • 7 Misuse of the Services
  • 8 Co-operation with third party suppliers
  • More...

This Agreement is made on [date]

Parties

  1. 1

    [insert name of supplier] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and

  1. 2

    [insert name of customer] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer),

(each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties).

Background

    1. (A)

      The Supplier has developed [insert description of SaaS solution] software that it wishes to make available as a service to the Customer for the benefit of the Customer and the Customer’s End Users.

    1. (B)

      The Supplier has agreed to ensure that the Customer [by its End Users] will be able to use these facilities and services by interacting with them remotely over the internet or by means of its own communications facilities.

    1. (C)

      The Supplier is skilled and experienced in the design, development and maintenance of [insert description of SaaS solution] software and has the necessary expertise and qualifications to perform its obligations in accordance with this Agreement.

    1. (D)

      On the basis of the Supplier’s skill and experience the Customer has selected the Supplier to supply its [insert description of SaaS solution] to support the Customer’s business operations on the terms of this Agreement.

The parties agree:

    1. 1

      Definitions and

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