In some cases, a SaaS technology provider wants to reduce its own risks by maintaining agreements with several redundant IT infrastructure providers and providing the company with critical external components. Adapting a particular program to a company`s specific needs may be more difficult, but access to different software with different features is simpler, so make sure that access to different applications is well defined. If a maintenance contract in a SaaS contract is obsolete, a service level contract is a narrow substitute. A good agreement will be on when the supplier corrects errors and the minimum performance levels to be achieved. Companies should know that if the seller goes bankrupt, the SaaS agreement could terminate the agreement, where a license under the bankruptcy code could be maintained. It may be advisable to include a license language in the agreement so that the company can continue to use the software, retain access to its data and even have access to the source code in the event of the supplier`s bankruptcy. If you need help negotiating SaaS agreements, you can publish your legal needs in the UpCounsel marketplace. UpCounsel only accepts the highest 5 percent of lawyers on its website. UpCounsel`s lawyers come from law schools such as Harvard Law and Yale Law and on average 14 years of legal experience, including working with or on behalf of companies such as Google, Menlo Ventures and Airbnb.
While SaaS has simplified enterprise software in many ways, you still need to check, negotiate and execute a fairly complex contract when you subscribe to an Enterprise Class system. In this article, we will guide you through the nine most important things to consider when negotiating your SaaS agreement. Negotiating the SaaS agreements is important for you to enter into a well-developed contract. SaaS services allow customers to access the application or software from anywhere, while data is stored by a vendor. These agreements have become, for many companies, trusted digital platforms to provide a unique platform for their customers and employees. It is customary for a SaaS app to allow subscribers to download data (data) to use and make full use of the app. Who owns the data uploaded to the app, the nature of the data and how it is uploaded to the app, are important considerations. The question of whether the data is used by subscribers themselves for the use of third-party users is also important and gives rise to different legal considerations. 4. Conversion and transition of data.
When customer data is imported into the SaaS, parties must verify whether customer data can be imported directly from Legacy systems. If this is not the case, the SaaS agreement should look at data conversion, including the liability of each party for related costs. The agreement could also cover the supplier`s obligations (if any) in the event of data termination, such as the obligation to return or destroy. When the data needs to be returned, the agreement should also indicate the format in which it is provided. Software licensing optimization is a resource for IT Asset Manager and IT Procurement to help them optimize software usage, reduce software costs and ensure compliance with vendor licensing agreements.