[{"data":1,"prerenderedAt":526},["ShallowReactive",2],{"document-saas-agreement-D12704":3},{"document":4,"label":21,"preview":11,"thumb":22,"thumb600":23,"description":24,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":35,"customDescModule":171,"customdescription":24,"mdFm":172,"mdProseHtml":525},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"SAAS AGREEMENT This Software-as-a-Service Agreement (SaaS) (\"Agreement\") is made and effective the [DATE], BETWEEN: [COMPANY NAME], (the \"Customer\"), a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME], (the \"Provider\"), a corporation organized and existing under the laws of [STATE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, The Customer is granted a license to use the Software, subject to a set of limitations and restrictions. WHEREAS, The Provider undertakes to provide high-performance Software while committing to comply with certain requirements relating to the maintenance of the Software. In consideration of the terms of this agreement, and other valuable consideration, the parties agree as follows: DEFINITION \"Administrator User\" means each Customer employee designated by Customer to serve as technical administrator of the SaaS Services on Customer's behalf. Each Administrator User must complete training and qualification requirements reasonably required by [PROVIDER NAME]. \"Confidential Information\" means any information disclosed by a party to the other party, directly or indirectly, which could be in orally or written (graphic, machine-readable or other tangible form], is marked as \"confidential\" or \"proprietary\". \"Host\" means the computer equipment on which the Software is installed, which is owned and operated by [PROVIDER NAME] or its subcontractors. \"Maintenance Services\" means the support and maintenance services provided by [PROVIDER NAME] to Customer pursuant to this SaaS Agreement. \"Software\" means the object code version of any Software to which Customer is provided access as part of the Service, including any updates or new versions. \"SaaS Services\" refer to the specific [PROVIDER NAME]'s internet-accessible service identified in a Schedule that provides use of [PROVIDER NAME]'s identity/access management Software that is hosted by [PROVIDER NAME] or its services provider and made available to Customer over a network on a term-use basis. SERVICE The Provider hereby grants the Customer, including all authorized users of the Customer, a non-exclusive, non-sublicensable, non-assignable, royalty-free, worldwide license to access and use the service (the \"Service\") solely for the internal business operations of the Customer in accordance with the terms of this Agreement and the Provider's online terms of use. TERM AND TERMINATION The term of this Agreement shall begin on the Effective Date and shall end [SPECIFY]. PAYMENT TERM [SPECIFY] is sold as a Software-as-a-Service (SaaS) and requires Clients to have a valid membership subscription. We accept payments with Credit Cards and Visa and Mastercard Debit Cards [OR SPECIFY]. Your subscription will renew automatically at the end of the subscription term unless you opt-out from automatic renewal or cancel your membership. You can update your payment method, manage your subscription, or cancel at any time by visiting the Billing page under your user account. By purchasing this software, you agreed to enroll in our automatic renewal service. This keeps your products up and running, automatically charging then-current renewal fees to your payment method on file, with no further action on your part. Account cancellation policy: Once a user submits a request for cancellation, no additional charges will be made. However, no refunds are provided upon cancellation. If you cancel before an upcoming renewal date, you will have access to your Account through the end of the then-current year. Cancellation of automatic renewal: Annual subscriptions purchased will renew automatically at the end of the term. Your credit card is charged at the end of each subscription period and a renewal confirmation notice is sent to the account administrator's email address. Notifications of upcoming renewal is sent to the account administrator's email address 30 days and 10 days before renewal. If the you wish to turn off the automated renewal, you can do so any time from your online account under My Account/Billing. Free trial: [COMPANY NAME] offers a free trial version for [SPECIFY]. We do not request credit card information when signing up to the free trial. The free trial allows anyone to view the whole content of the software. The free trial, however, does not allow you to Download, Export, Print or to Cut/Copy/Paste/Save. You need to purchase and activate the software in order to be able to fully download and use the product. Failed renewal & account suspension: If your credit card on file is closed or expired, or if for any reason, a charge is rejected, you will be requested to update your Billing Information and supply a new payment to keep your account active. If a charge is rejected, your access to the [COMPANY NAME] software will be suspended until you update your account information and the payment is successful. CUSTOMER'S RESPONSIBILITIES Customer shall provide commercially reasonable information and assistance to [PROVIDER NAME] to enable [PROVIDER NAME] to deliver the SaaS Services. Customer acknowledges that [PROVIDER NAME] 's ability to deliver the SaaS Services in the manner provided in this SaaS Agreement may depend upon the accuracy and timeliness of such information and assistance. Customer shall comply with all applicable local, state, national and foreign laws in connection with its use of the SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Customer acknowledges that [PROVIDER NAME] exercises no control over the content of the information transmitted by Customer through the SaaS Services. Customer shall not upload, post, reproduce or distribute any information, Software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights. Customer shall be solely responsible for the acts and omissions of its Administrator Users. [PROVIDER NAME] shall not be liable for any loss of data or functionality caused directly or indirectly by the Administrator Users. Subject to the terms and conditions of this SaaS Agreement, Customer shall grant to [PROVIDER NAME] a limited, non-exclusive and non-transferable license, to copy, store, configure, perform, display and transmit Customer Content solely as necessary to provide the SaaS Services to Customer Customer shall: Notify [PROVIDER NAME] immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, Report to [PROVIDER NAME] immediately and use reasonable efforts to stop any unauthorized use of the SaaS Services that is known or suspected by Customer, and Not provide false identity information to gain access to or use the SaaS Services. Customer is solely responsible for collecting, in putting and updating all Customer Content stored on the Host, and for ensuring that the Customer Content does not Include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or Contain anything that is obscene, defamatory, harassing, offensive or malicious. limitationS of the license The Hosted Services may only be used by the officers, employees, agents and subcontractors of the Customer; The Hosted Services may only be used by the named users identified The Hosted Services must not be used at any point in time by more than the number of concurrent users specified in section.",null,"SaaS Agreement","7",513,"doc","https://templates.business-in-a-box.com/imgs/1000px/saas-agreement-D12704.png","https://templates.business-in-a-box.com/imgs/250px/12704.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12704.xml",{"title":15,"description":6},"saas agreement",[17,20],{"label":18,"url":19},"Legal Agreements","/templates/business-legal-agreements/",{"label":18,"url":19},"SaaS Agreement Template","https://templates.business-in-a-box.com/imgs/400px/12704.png","https://templates.business-in-a-box.com/imgs/600px/12704.png","\u003Ch4>Understanding a SaaS Agreement\u003C/h4>\n\u003Cp>In the dynamic world of digital services, a well-structured SaaS (Software as a Service) Agreement is indispensable for establishing a clear framework between service providers and their clients. This type of agreement not only safeguards your business legally but also serves as the foundation for a transparent and trustworthy relationship with your clients.\u003C/p>\n\u003Cp>A SaaS Agreement template is essential for any business owner who wants to provide software services online. It outlines the terms under which software services are provided, including use rights, subscription models, and support services, among other critical aspects. This document plays a pivotal role in streamlining operations and ensuring that both providers and clients have a solid understanding of service expectations.\u003C/p>\n\u003Ch5>What is a SaaS Agreement Template?\u003C/h5>\n\u003Cp>A SaaS Agreement template is a pre-drafted document that sets forth the terms and conditions under which software services are provided via the Internet. It is a customizable contract between the SaaS provider and the client that specifies the scope of services, usage rights, subscription fees, service level agreements (SLAs), and the responsibilities of both parties. Utilizing a template simplifies the process of drafting a comprehensive and legally sound agreement, ensuring all necessary details are covered efficiently.\u003C/p>\n\u003Cp>\u003Ch5 id=\"key-components-service-agreement\">Key Elements of a SaaS Agreement Template\u003C/h5>To be effective, a SaaS Agreement Template should include several key components:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>License Grant and Restrictions\u003C/strong> - Clearly defines the use rights granted to the client, along with any restrictions.\u003C/li>\n\u003Cli>\u003Cstrong>Subscription Terms and Renewal\u003C/strong> - Details the subscription model, including duration, renewal terms, and termination conditions.\u003C/li>\n\u003Cli>\u003Cstrong>Fees and Payment\u003C/strong> - Specifies pricing, billing cycles, and payment methods.\u003C/li>\n\u003Cli>\u003Cstrong>Service Levels and Support\u003C/strong> - Outlines the expected performance standards and support services provided.\u003C/li>\n\u003Cli>\u003Cstrong>Data Security and Privacy\u003C/strong> - Describes measures for data protection and compliance with privacy laws.\u003C/li>\n\u003Cli>\u003Cstrong>Confidentiality\u003C/strong> - Ensures that both parties agree to protect sensitive information.\u003C/li>\n\u003Cli>\u003Cstrong>Liability Limitations and Indemnification\u003C/strong> - Establishes the liability limits of the provider and indemnification provisions.\u003C/li>\n\u003C/ul>\n\u003Ch5>Related Documents for a SaaS Agreement\u003C/h5>\n\u003Cp>When creating a SaaS Agreement, incorporating related documents can further protect your business and clarify the terms of engagement:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>\u003Ca href=\"\">Data Processing Agreement (DPA)\u003C/a>\u003C/strong> - Essential for compliance with data protection regulations like GDPR.\u003C/li>\n\u003Cli>\u003Cstrong>\u003Ca href=\"https://www.business-in-a-box.com/template/service-level-agreement-D778/\">Service Level Agreement (SLA)\u003C/a>\u003C/strong> - Provides detailed service performance and availability commitments.\u003C/li>\n\u003Cli>\u003Cstrong>\u003Ca href=\"https://www.business-in-a-box.com/template/end-user-license-agreement-D13011/\">End User License Agreement (EULA)\u003C/a>\u003C/strong> - Governs the end user's right to use the software.\u003C/li>\n\u003Cli>\u003Cstrong>\u003Ca href=\"https://www.business-in-a-box.com/template/data-privacy-policy-D13465/\">Privacy Policy\u003C/a>\u003C/strong> - Outlines how the SaaS provider collects, uses, and protects client and user data.\u003C/li>\n\u003C/ul>\n\u003Ch5>Why Use Business in a Box to Create a SaaS Agreement?\u003C/h5>\n\u003Cp>Business in a Box stands out as a premier solution for drafting your SaaS Agreement, thanks to its comprehensive, professionally designed template library. With a track record of assisting millions of entrepreneurs and business owners across the globe, Business in a Box offers several advantages:\u003C/p>\n\u003Cul>\n\u003Cli>\u003Cstrong>Expertly Crafted Templates\u003C/strong> - Our templates are developed in collaboration with industry experts and legal professionals to ensure they are comprehensive and up-to-date.\u003C/li>\n\u003Cli>\u003Cstrong>Customizability\u003C/strong> - Tailor your SaaS Agreement to perfectly fit your service offerings and meet your clients' specific needs.\u003C/li>\n\u003Cli>\u003Cstrong>Efficiency\u003C/strong> - Our templates streamline the document creation process, allowing you to focus more on your core business functions.\u003C/li>\n\u003Cli>\u003Cstrong>Extensive Resources\u003C/strong> - Access over 3,000 business and legal documents, covering a wide range of needs beyond just SaaS Agreements.\u003C/li>\n\u003C/ul>\n\u003Cp>By leveraging Business in a Box for your SaaS Agreement, you gain a straightforward and professional means to establish clear, legally sound service provisions. This ensures your business operations are supported by clear agreements, leading to smoother client engagements and enhanced service satisfaction.\u003C/p>\n\u003Cp>Updated in April 2024\u003C/p>\n",[26,17,20],{"label":27,"url":28},"Templates","/templates/",[30,31,32],{"label":27,"url":28},{"label":18,"url":19},{"label":33,"url":34},"Services & Consulting","/templates/services-and-consulting/",[36,40,44,48,52,56,60,64,68,72,76,80,84,100,116,129,144,159],{"label":37,"url":38,"thumb":39,"extension":10},"White Label SaaS Agreement","/template/white-label-saas-agreement-D12865","https://templates.business-in-a-box.com/imgs/250px/12865.png",{"label":41,"url":42,"thumb":43,"extension":10},"SaaS License Agreement","/template/saas-license-agreement-D12858","https://templates.business-in-a-box.com/imgs/250px/12858.png",{"label":45,"url":46,"thumb":47,"extension":10},"SAAS Reseller Agreement","/template/saas-reseller-agreement-D12728","https://templates.business-in-a-box.com/imgs/250px/12728.png",{"label":49,"url":50,"thumb":51,"extension":10},"SaaS Service Level Agreement","/template/saas-service-level-agreement-D12859","https://templates.business-in-a-box.com/imgs/250px/12859.png",{"label":53,"url":54,"thumb":55,"extension":10},"SaaS Software License Agreement","/template/saas-software-license-agreement-D12860","https://templates.business-in-a-box.com/imgs/250px/12860.png",{"label":57,"url":58,"thumb":59,"extension":10},"SaaS End User License Agreement","/template/saas-end-user-license-agreement-D12857","https://templates.business-in-a-box.com/imgs/250px/12857.png",{"label":61,"url":62,"thumb":63,"extension":10},"Customer Service Agreement","/template/customer-service-agreement-D13827","https://templates.business-in-a-box.com/imgs/250px/13827.png",{"label":65,"url":66,"thumb":67,"extension":10},"Legal Service Agreement","/template/legal-service-agreement-D14001","https://templates.business-in-a-box.com/imgs/250px/14001.png",{"label":69,"url":70,"thumb":71,"extension":10},"IT Service Agreement","/template/it-service-agreement-D13422","https://templates.business-in-a-box.com/imgs/250px/13422.png",{"label":73,"url":74,"thumb":75,"extension":10},"Master Service Agreement","/template/master-service-agreement-D12657","https://templates.business-in-a-box.com/imgs/250px/12657.png",{"label":77,"url":78,"thumb":79,"extension":10},"Residential Service Agreement","/template/residential-service-agreement-D14047","https://templates.business-in-a-box.com/imgs/250px/14047.png",{"label":81,"url":82,"thumb":83,"extension":10},"Terms of Service Agreement","/template/terms-of-service-agreement-D920","https://templates.business-in-a-box.com/imgs/250px/920.png",{"description":85,"descriptionCustom":6,"label":86,"pages":87,"size":9,"extension":10,"preview":88,"thumb":89,"svgFrame":90,"seoMetadata":91,"parents":93,"keywords":92,"url":99},"SOFTWARE LICENSE AGREEMENT This Software License Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the \"Licensor\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [LICENSEE NAME] (the \"Licensee\"), an individual with his main address located at ______________ OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS the Licensor owns [SOFTWARE NAME] (the \"Software\") and wishes to grant a license to the Licensee, along with the right to use and operate the Software in [TERRITORY] (the \"Territory\") and the Licensee agrees to take the said license from the Licensor upon the terms and conditions as set forth in this Agreement. NOW THEREFORE, in consideration of the premises and of the mutual agreements contained in this Agreement, the Parties hereto agree as follows: DEFINITIONS AND INTERPRETATION The following definitions apply throughout this Agreement unless otherwise stated: \"Agreement\" means this Software Licensing Agreement and any amendment made thereto from time to time by the Parties hereto. \"Software\" refers to [SOFTWARE NAME]. \"Derivative Works\" mean works developed by the Licensee, its officers, agents, contractors or employees, which are based upon, in whole or in part, the Source Code and/or the Documentation and may also be based upon and/or incorporate one or more other pre-existing works. Derivative Works may be any Improvement, revision, modification, translation (including compilation or recapitulation by computer), abridgment, condensation, expansion, or any other form in which such a pre-existing work may be recast, transformed, or adapted. For purposes hereof, a Derivative Work shall also include any compilation that incorporates such a pre-existing work. \"Documentation\" means written, printed or otherwise recorded or stored (digital or paper) material relating to the Software and Source Code, including technical specifications and instructions for its use, including Source Code annotations and other descriptions of the principles of operation of the Source Code and tools and instructions for its use. \"Source Code\" means the computer programming Source Code form of the Software in the form provided by the Licensor to the Licensee, and includes all non-third-party executables, libraries, components, and Documentation created or used in the creation, development, maintenance, and support of the Software, as well as all updates, Error corrections and revisions thereto provided by the Licensor, all provided by the Licensor for use, in whole or in part, either by itself or in the development of Derivative Works. \"Improvements\" shall mean, with respect to the Source Code, all modifications and changes made, developed, acquired or conceived after the date hereof and during the entire term of this Agreement. TERM This Agreement shall come into effect on [SPECIFY DATE] and shall continue until termination of this Agreement. GRANT OF LICENSE The Licensor hereunder grants to the Licensee an exclusive, non-transferable, irrevocable, royalty-free license to use and operate the Software in the Territory, including but not limited to the right and license to use and incorporate the Source Code and/or the Documentation, in whole or in part, to develop Derivative Works (including the integration of all or part of the Source Code into the Licensee's own software), and to compile, use, copy, and distribute executable versions of such Derivative Works. The Licensor shall hereunder provide the Source Code and all other Software related information to the Licensee and also hereby allows the Licensee to modify the said Software, change its Source Code, and change its name and logo at any time and at its sole discretion without any notification to the Licensor. The Licensee shall also have the right and license to use and copy the Source Code, in whole or in part, in compiled, object-code form for the Licensee's internal testing and development use and also the right and license to make a reasonable number of backup and archival copies of Source Code and Documentation. The Licensee shall not, however, transfer or sublicense the Software to any third party, in whole or in part, in any form, whether modified or unmodified. DELIVERABLES The Licensor shall hand over the Software, including the Source Code, to the Licensee in order to be used and operated by the Licensee in the Territory within a period of [SPECIFY DAYS OR MONTHS] from the date of signing this Agreement. SUPPORT AND WARRANTY PERIOD For a period of [SPECIFY MONTHS OR YEARS] (the \"Warranty period\") from the date of the deliverables, as mentioned in clause 4 of this Agreement, the Licensor, at no additional charge, shall provide to the Licensee: the Source Code for all upgrades, updates, patches, fixes and other modifications to the Software (\"Software Modifications\"); Error correction services, more specifically, to the extent the Source Code (and/or the files resulting from compiling the Source Code), programming services, instructions and/or source code to correct such Errors to bring the Source Code (and/or the files resulting from compiling the Source Code) into compliance with the representations and warranties set forth in this Agreement. The Licensor shall use commercially reasonable measures to provide Error corrections, or a work-around for such Errors, within [NUMBER OF DAYS] days of notification by the Licensee. Where a work-around is initially provided, the Licensor shall continue to use commercially reasonable efforts to develop an Error correction until such Error correction is delivered. To the extent an Error is intermittent in nature and the Licensee is having problems recreating the Error for the purposes of reporting Errors to the Licensor, the Licensor shall provide assistance to the Licensee in recreating the Error; personnel with levels of expertise (both general technical as well as specifically with respect to the Software and the Source Code) to provide technical support, advice and consultation to the Licensee. Such technical support and assistance shall include, without limitation, support and assistance with respect to the Software, Source Code, and the Licensee's development efforts, and shall also include technical support consulting services for modifications to the Source Code made by the Licensee. LICENSE FEE The Licensee shall pay the Licensor for this license at the rate of [AMOUNT] per [month] payable in advance. The first payment shall be made on the date of the beginning of the period specified above. Subsequent payments shall be made in advance promptly on the [day of each month] thereafter during the continuation of this Agreement. All payments hereunder shall be made in [CURRENCY] currency and via [MODE OF PAYMENT] as the mode of payment. REPRESENTATIONS AND WARRANTIES OF LICENSOR The Licensor hereby represents and warrants that the license granted hereunder to the Licensee has been granted on [SPECIFY \"AN EXCLUSIVE\" OR \"A NON-EXCLUSIVE\"] basis. The Licensor represents and warrants that the Software and services shall be provided in a good and professional manner in accordance with industry practices. The Licensor represents and warrants that the Software shall be bug-free, error-free and compatible with third-party software, and, in case of any bugs etc. in the Software, this shall be rectified by the Licensor free of cost during the Warranty period.","Software License Agreement","8","https://templates.business-in-a-box.com/imgs/1000px/software-license-agreement-D12928.png","https://templates.business-in-a-box.com/imgs/250px/12928.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12928.xml",{"title":92,"description":6},"software license agreement",[94,96],{"label":18,"url":95},"business-legal-agreements",{"label":97,"url":98},"License Agreements","license-agreement","/template/software-license-agreement-D12928",{"description":101,"descriptionCustom":6,"label":102,"pages":103,"size":104,"extension":10,"preview":105,"thumb":106,"svgFrame":107,"seoMetadata":108,"parents":109,"keywords":114,"url":115},"CUSTOM SOFTWARE DEVELOPMENT AGREEMENT This Custom Software Development Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [CUSTOMER NAME] (the \"Customer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Developer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS WHEREAS Customer wishes to [DESCRIBE NEEDS TO BE ADDRESSED], and wants to hire Developer to develop these custom software packages, and; WHEREAS Developer desires to develop these custom software packages for Customer: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows: Purpose of Agreement Customer desires to retain Developer as an independent contractor to develop the computer software (the \"Software\") described in the Functional Specifications contained in Exhibit A attached to and made part of this Agreement. Developer is ready, willing and able to undertake the development of the Software and agrees to do so under the terms and conditions set forth in this Agreement. Preparation of Development Plan Developer shall prepare a development plan (\"Development Plan\") for the Software, satisfying the requirements set forth in the Functional Specifications. The Development Plan shall include: Detailed Specifications for the Software; A listing of all items to be delivered to Customer under this Agreement (\"Deliverables\"); A delivery schedule containing a delivery date for each Deliverable; and A payment schedule setting forth the amount and time of Developer's compensation. ACCEPTANCE OF DEVELOPMENT PLAN Developer shall deliver the Development Plan to Customer by [DEVELOPMENT PLAN DEADLINE]. Customer shall have [NUMBER] days to review the Development Plan. Upon approval of the Development Plan by Customer, it will be marked as Exhibit B and will be deemed by both parties to have become a part of this Agreement and will be incorporated by reference. Developer shall then commence development of Software that will substantially conform to the requirements set forth in the Development Plan. If the Development Plan is in Customer's reasonable judgment unsatisfactory in any material respect, Customer shall prepare a detailed written description of the objections. Customer shall deliver such objections to Developer within [NUMBER] days of receipt of the Development Plan. Developer shall then have [NUMBER] days to modify the Development Plan to respond to Customer's objections. Customer shall have [NUMBER] days to review the modified Development Plan. If Customer deems the modified Development Plan to be unacceptable, Customer has the option of terminating this Agreement upon written notice to Developer or permitting Developer to modify the Development Plan again under the procedure outlined in this paragraph. If this Agreement is terminated, the obligations of both parties under it shall end except for Customer's obligation to pay Developer all sums due for preparing the Development Plan and the ongoing obligations of confidentiality set forth in the provision of this Agreement entitled \"Confidentiality.\" Payment for Development Plan If the Development Plan is not accepted by Customer and Customer terminates this Agreement, Developer shall be entitled to compensation on a time and materials basis at an hourly rate of [HOURLY RATE] plus expenses to the date of termination. Developer shall submit an invoice detailing its time and expenses preparing the Development Plan. If the invoice amount is less than the amounts paid to Developer prior to termination, Developer shall promptly return the excess to Customer. If the invoice amount exceeds the amounts paid to Developer prior to termination, Customer shall promptly pay Developer the difference. However, Developer's total compensation for preparing the Development Plan shall not exceed [AMOUNT]. Payment [TIME AND MATERIALS AGREEMENT] Developer shall be compensated at the rate of [RATE] per hour [OR \"day,\" \"week,\" \"month\"]. Payment will be made within [NUMBER OF DAYS] days of Developer's submission of an invoice for work completed. [OPTIONAL: \"Unless otherwise agreed upon in writing by Customer, Customer's maximum liability for all services performed during the term of this Agreement shall not exceed [MAXIMUM AMOUNT].\"] OR [FIXED PRICE AGREEMENT] The total contract price shall be set forth in the Development Plan. Customer shall pay the Developer the sum of [INITIAL AMOUNT] upon execution of this Agreement and the sum of [AMOUNT IF PLAN APPROVED] upon Customer's approval of the Development Plan. The remainder of the contract price shall be payable in installments according to the payment schedule to be included in the Development Plan. Each installment shall be payable upon completion of each project phase by Developer and acceptance by Customer in accordance with the provision of this Agreement entitled \"Acceptance Testing of Software.\" Payment of Developer's Costs Customer shall reimburse Developer for all out-of-pocket expenses incurred by Developer in performing services under this Agreement. Such expenses include, but are not limited, to: All communications charges Costs for providing conversion services for converting Customer's database Media costs Travel expenses other than normal commuting, including airfares, rental vehicles, and highway mileage in company or personal vehicles at [cents per mile] Other expenses resulting from the work performed under this Agreement. Developer shall submit an itemized statement of Developer's expenses. Customer shall pay Developer within [NUMBER] days from the date of each statement. Late Fees Late payments by Customer shall be subject to late penalty fees of [%] per month from the due date until the amount is paid. Materials Customer shall make available to Developer, at Customer's expense, the following materials, facilities and equipment: [LIST] These items will be provided to Customer by [DATE]. Changes in Project Scope If at any time following acceptance of the Development Plan by Customer, Customer should desire a change in Developer's performance under this Agreement that will alter or amend the Specifications or other elements of the Development Plan, Customer shall submit to Developer a written proposal specifying the desired changes. Developer will evaluate each such proposal at its standard rates and charges. Developer shall submit to Customer a written response to each such proposal within [NUMBER] working days following receipt thereof. Developer's written response shall include a statement of the availability of Developer's personnel and resources, as well as any impact the proposed changes will have on the contract price, delivery dates or warranty provisions of this Agreement. Changes to the Development Plan shall be evidenced by a \"Development Plan Modification Agreement.\" The Development Plan Modification Agreement shall amend the Development Plan appropriately to incorporate the desired changes and acknowledge any effect of such changes on the provisions of this Agreement. The Development Plan Modification Agreement shall be signed by authorized representatives of Customer and Developer, whereupon Developer shall commence performance in accordance with it. Should Developer not approve the Development Plan Modification Agreement as written, Developer will so notify Customer within [NUMBER] working days of Developer's receipt of the Development Plan Modification Agreement. Developer shall not be obligated to perform any services beyond those called for in the Development Plan prior to its approval of the Development Plan Modification Agreement.","Custom Software Development Agreement","16",116,"https://templates.business-in-a-box.com/imgs/1000px/custom-software-development-agreement-D787.png","https://templates.business-in-a-box.com/imgs/250px/787.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#787.xml",{"title":6,"description":6},[110,113],{"label":111,"url":112},"Software & Technology","software-technology-business",{"label":111,"url":112},"custom software development agreement","/template/custom-software-development-agreement-D787",{"description":117,"descriptionCustom":6,"label":118,"pages":8,"size":9,"extension":10,"preview":119,"thumb":120,"svgFrame":121,"seoMetadata":122,"parents":124,"keywords":127,"url":128},"WEBSITE TERMS AND CONDITIONS Welcome to [WEBSITE NAME], (hereinafter referred to as the \"Website\", \"We,\" \"Us,\" or \"Our\"), owned and operated by [COMPANY NAME] (hereinafter referred to as \"the Company\") with its registered office located at [THE COMPANY'S COMPLETE ADDRESS]. The Website is offered to You conditioned on Your acceptance without modification of the Terms, Conditions, and notices contained herein (the \"Terms\"). INTRODUCTION Our Website is a Platform (hereinafter referred to as \"Platform\") where [SPECIFY THE PURPOSE OF WEBSITE]. The Users of the Website shall be referred to as \"You,\" \"Your,\" or \"Users.\" By clicking on the \"Accept\" button at the end of the Agreement acceptance form, Users agree to be bound by the Terms and Conditions of this Agreement. Please read this entire Agreement carefully before accepting its Terms. When You undertake any activity on the Website, You agree to accept these Terms and Conditions. In using this Website, You are deemed to have read and agreed to the following Terms and Conditions set forth herein. Any incidental documents and links mentioned shall be accepted jointly with these Terms. You agree to use the Website only in strict interpretation and acceptance of these Terms, and any actions or commitments made without regard to these Terms shall be at Your own risk. These Terms and Conditions form part of the Agreement between the Users and Us. By accessing this Website, and/or undertaking to perform a Service provided by Us indicates Your understanding, agreement to and acceptance of the disclaimer notice and the full Terms and Conditions contained herein. ELIGIBILITY OF THE USER You may use the Service only if You are at least eighteen (18) years of age and can form a binding contract with Us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Platform. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws. Our Website may, in its sole discretion, refuse to offer access to or use of the Platform to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions. SERVICES OFFERED BY THE PLATFORM We provide the Users with a Platform to [SPECIFY THE SERVICES]. YOU AGREE AND CONFIRM That You will use the Services provided by Our Platform, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform. That You will provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation Your details are found not to be true (wholly or partly), We have the right in Our sole discretion to reject the registration and debar You from using the Services of Our Platform and/or other affiliated websites without prior intimation whatsoever. That You are accessing the Services available on this Website and transacting at Your sole risk and are using Your best and prudent judgment before entering into any dealings through this Platform. It is possible that the other Users (including unauthorized/unregistered users or \"hackers\") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform. You agree to not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law. You agree to not post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. You agree to not alter, damage or delete any Content or other communications that are not Your own Content or to otherwise interfere with the ability of others to access Our Platform. You agree to indemnify and keep indemnified the Company from all claims/losses (including advocates' fees for defending/prosecuting any case) that may arise against the Company due to acts/omission on the part of the User. WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF USER The User warrants and represents that all obligations narrated under this Agreement are legal, valid, binding and enforceable in law against the User. The User agrees that there are no proceedings pending against the User, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement. The User agrees that it shall, at all times, ensure compliance with all the requirements applicable to its business and for the purposes of this Agreement including but not limited to intellectual property rights, value-added tax, excise and import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities. The User agrees that it has adequate rights under relevant laws including but not limited to various intellectual property legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/infringed any intellectual property rights of any third party. The User agrees that appropriate disclaimers and Terms of use on the Company's Website shall be placed by the Company. INTELLECTUAL PROPERTY RIGHTS The User expressly authorizes the Company to use its trademarks/copyrights/designs/logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the Platform and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademarks/logos in the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party's trademarks and/or logos. The Company's Website and other Platforms, and the information and materials that it contains, are the property of the Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All the Company's product names and logos are trademarks or registered trademarks","Website Terms and Conditions","https://templates.business-in-a-box.com/imgs/1000px/website-terms-and-conditions-D13193.png","https://templates.business-in-a-box.com/imgs/250px/13193.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13193.xml",{"title":123,"description":6},"website terms and conditions",[125,126],{"label":18,"url":95},{"label":18,"url":95},"website terms conditions","/template/website-terms-and-conditions-D13193",{"description":130,"descriptionCustom":6,"label":131,"pages":132,"size":9,"extension":10,"preview":133,"thumb":134,"svgFrame":135,"seoMetadata":136,"parents":138,"keywords":137,"url":143},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":137,"description":6},"non disclosure agreement nda",[139,140],{"label":18,"url":95},{"label":141,"url":142},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":145,"descriptionCustom":6,"label":146,"pages":147,"size":148,"extension":10,"preview":149,"thumb":150,"svgFrame":151,"seoMetadata":152,"parents":153,"keywords":157,"url":158},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[154],{"label":155,"url":156},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":160,"descriptionCustom":6,"label":161,"pages":147,"size":9,"extension":10,"preview":162,"thumb":163,"svgFrame":164,"seoMetadata":165,"parents":167,"keywords":166,"url":170},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":166,"description":6},"service agreement",[168,169],{"label":18,"url":95},{"label":18,"url":95},"/template/service-agreement-D12711",true,{"seo":173,"reviewer":186,"legal_disclaimer":171,"quick_facts":190,"at_a_glance":193,"personas":197,"variants":222,"glossary":250,"clauses":286,"how_to_fill":337,"common_mistakes":378,"faqs":403,"industries":431,"comparisons":456,"diy_vs_lawyer":470,"jurisdictions":483,"related_template_ids_curated":504,"schema":513,"classification":514},{"meta_title":174,"meta_description":175,"primary_keyword":176,"secondary_keywords":177},"SaaS Agreement Template (Free Word)","Free SaaS agreement template covering subscription terms, data privacy, SLAs, IP ownership, and termination. Used in 190+ countries. Free Word and PDF download.","saas agreement template",[178,179,180,181,182,183,184,185],"saas contract template","software as a service agreement template","saas subscription agreement","saas agreement template free","saas agreement template word","cloud software agreement","saas terms of service template","software subscription agreement template",{"name":187,"credential":188,"reviewed_date":189},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":191,"legal_review_recommended":171,"signature_required":171,"notarization_required":192},"advanced",false,{"what_it_is":194,"when_you_need_it":195,"whats_inside":196},"A SaaS Agreement is a legally binding contract between a software-as-a-service provider and a customer that governs access to a cloud-hosted software platform on a subscription basis. This free Word download covers subscription fees, usage rights, data ownership, service-level commitments, confidentiality, IP assignment, and termination in a single document you can edit online and export as PDF.\n","Use it whenever you license a cloud software product to paying customers — whether at initial product launch, when onboarding enterprise clients who require a signed agreement, or when replacing informal terms-of-service click- wraps with a negotiated contract for high-value accounts.\n","Subscription scope and fees, acceptable use policy, data processing and privacy obligations, service-level agreement and uptime commitments, intellectual property ownership, confidentiality, indemnification, limitation of liability, and termination and off-boarding provisions.\n",[198,202,206,210,214,218],{"title":199,"use_case":200,"icon_asset_id":201},"SaaS founders and CTOs","Formalizing customer relationships before enterprise deals close","persona-startup-founder",{"title":203,"use_case":204,"icon_asset_id":205},"Sales and legal operations teams","Standardizing contract terms across a growing customer base","persona-operations-director",{"title":207,"use_case":208,"icon_asset_id":209},"Enterprise procurement managers","Reviewing and countersigning vendor SaaS agreements for compliance","persona-hr-manager",{"title":211,"use_case":212,"icon_asset_id":213},"Independent software developers","Launching a subscription product and protecting IP from day one","persona-freelancer",{"title":215,"use_case":216,"icon_asset_id":217},"Agencies building client-facing platforms","Licensing a white-label or proprietary platform to multiple clients","persona-agency",{"title":219,"use_case":220,"icon_asset_id":221},"Corporate IT and vendor management teams","Ensuring cloud vendors meet data-security and SLA requirements","persona-small-business-owner",[223,227,231,235,239,243,246],{"situation":224,"recommended_template":225,"slug":226},"Licensing software to individual consumers or SMBs via self-serve checkout","SaaS Terms of Service","terms-of-service-agreement-D920",{"situation":228,"recommended_template":229,"slug":230},"Onboarding an enterprise customer requiring negotiated contract terms","SaaS Agreement (Enterprise)","saas-agreement-D12704",{"situation":232,"recommended_template":233,"slug":234},"Processing personal data on behalf of EU or UK customers","Data Processing Agreement (DPA)","data-processing-agreement-D13954",{"situation":236,"recommended_template":237,"slug":238},"Reselling or white-labeling a SaaS platform to third parties","Software Reseller Agreement","software-distribution-agreement-D804",{"situation":240,"recommended_template":241,"slug":242},"Providing a free trial or pilot with an option to convert","Software Pilot Agreement","alliance-agreement-software-D5176",{"situation":244,"recommended_template":86,"slug":245},"Licensing on-premise software instead of a hosted cloud product","software-license-agreement-D12928",{"situation":247,"recommended_template":248,"slug":249},"Engaging a developer to build or customize the SaaS platform","Software Development Agreement","custom-software-development-agreement-D787",[251,254,257,260,263,265,268,271,274,277,280,283],{"term":252,"definition":253},"Subscription Term","The defined period — monthly, annual, or multi-year — during which the customer is licensed to access the SaaS platform under the agreement.",{"term":255,"definition":256},"Service-Level Agreement (SLA)","A contractual commitment specifying minimum uptime (e.g., 99.9%), response times for support issues, and the remedies owed if those thresholds are missed.",{"term":258,"definition":259},"Uptime Percentage","The proportion of time in a given period during which the platform is available and operational, typically measured monthly and excluding scheduled maintenance.",{"term":261,"definition":262},"Acceptable Use Policy (AUP)","A clause or attached schedule defining what the customer may and may not do with the software — prohibiting reverse engineering, resale, or illegal use.",{"term":233,"definition":264},"A separate or embedded agreement governing how the provider handles personal data on behalf of the customer, required under GDPR, UK GDPR, and similar laws.",{"term":266,"definition":267},"Intellectual Property (IP) Ownership","The clause that clarifies who owns the software, its underlying code, and any improvements or configurations created during the subscription.",{"term":269,"definition":270},"Customer Data","All data uploaded, entered, or generated by the customer within the platform — typically owned by the customer and subject to return or deletion obligations on termination.",{"term":272,"definition":273},"Limitation of Liability","A clause capping the total financial exposure of either party — typically expressed as the fees paid in the prior 12 months — and excluding consequential or indirect damages.",{"term":275,"definition":276},"Auto-Renewal","A mechanism by which the subscription automatically renews at the end of each term unless one party provides advance written notice of cancellation.",{"term":278,"definition":279},"Data Portability","The customer's contractual right to export their data in a usable format before or upon termination, preventing vendor lock-in.",{"term":281,"definition":282},"Indemnification","A contractual obligation by which one party agrees to compensate the other for losses arising from specified events — typically IP infringement claims or data breaches caused by the indemnifying party.",{"term":284,"definition":285},"Force Majeure","A clause excusing non-performance when a party is prevented from meeting obligations by events outside their reasonable control, such as natural disasters or internet infrastructure outages.",[287,292,297,302,307,312,317,322,327,332],{"name":288,"plain_english":289,"sample_language":290,"common_mistake":291},"Subscription Grant and Scope of Use","Defines what the customer is actually licensed to do — access the platform, number of seats or users, permitted use cases — and what is expressly excluded.","[PROVIDER NAME] grants [CUSTOMER NAME] a non-exclusive, non-transferable, limited license to access and use [PLATFORM NAME] during the Subscription Term solely for [CUSTOMER]'s internal business purposes, for up to [NUMBER] authorized users.","Failing to define 'authorized users' or 'internal business purposes.' Customers have shared credentials across organizations or resold access to third parties, voiding the license and creating revenue leakage.",{"name":293,"plain_english":294,"sample_language":295,"common_mistake":296},"Fees, Payment, and Auto-Renewal","States the subscription price, billing frequency, accepted payment methods, late-payment penalties, and the auto-renewal mechanism with required notice period to cancel.","Customer shall pay [PROVIDER] a subscription fee of $[AMOUNT] per [month/year], due in advance on the [DATE] of each billing period. Invoices not paid within [30] days accrue interest at [1.5]% per month. The Subscription Term renews automatically unless either party provides [30] days' written notice prior to the renewal date.","Omitting the cancellation notice period for auto-renewal. Without a stated deadline, customers claim they cancelled in time and dispute charges — resulting in chargebacks and relationship damage.",{"name":298,"plain_english":299,"sample_language":300,"common_mistake":301},"Service-Level Agreement and Uptime Commitment","Commits the provider to a specific monthly uptime percentage, defines scheduled maintenance windows, and specifies the service credits owed to the customer if the SLA is missed.","[PROVIDER] shall use commercially reasonable efforts to ensure [PLATFORM NAME] is available [99.9]% of the time in each calendar month, excluding Scheduled Maintenance. If uptime falls below [99.9]%, Customer shall receive a service credit equal to [X]% of monthly fees for each [Y] hours of excess downtime.","Defining uptime without excluding scheduled maintenance windows. Any planned downtime counts against the SLA percentage, making even legitimate maintenance a technical breach.",{"name":303,"plain_english":304,"sample_language":305,"common_mistake":306},"Data Ownership and Customer Data","Confirms that the customer retains ownership of all data they input or generate on the platform, and commits the provider to use that data only to deliver the contracted service.","Customer retains all right, title, and interest in and to Customer Data. [PROVIDER] shall not access, use, or disclose Customer Data except as necessary to provide the Services or as required by applicable law. [PROVIDER] shall not sell, rent, or use Customer Data for advertising or product development without Customer's prior written consent.","Granting the provider a broad license to use customer data 'to improve products and services.' This language can permit training AI models or sharing aggregated data in ways customers never intended or consented to.",{"name":308,"plain_english":309,"sample_language":310,"common_mistake":311},"Data Processing and Privacy Compliance","Governs the provider's processing of personal data on behalf of the customer, incorporating GDPR, CCPA, or other applicable privacy law obligations — including sub-processor disclosure and breach notification timelines.","To the extent [PROVIDER] processes Personal Data on behalf of Customer, [PROVIDER] shall do so only on Customer's documented instructions, implement appropriate technical and organizational security measures, notify Customer of a confirmed data breach within [72] hours of discovery, and maintain a record of sub-processors available to Customer on request.","Treating data processing as a standard confidentiality clause rather than a standalone DPA obligation. Under GDPR Article 28, a processor without a compliant DPA exposes both parties to regulatory fines.",{"name":313,"plain_english":314,"sample_language":315,"common_mistake":316},"Intellectual Property Ownership and Restrictions","Establishes that the provider owns the platform, all underlying code, and any improvements, while the customer owns their data and any separately-developed integrations.","[PROVIDER] retains all intellectual property rights in [PLATFORM NAME], including all modifications, enhancements, and derivative works. Customer shall not reverse engineer, decompile, copy, or create derivative works of the platform. Customer retains ownership of Customer Data and Customer-developed integrations built using [PROVIDER]'s published API.","Not addressing ownership of custom features or configurations built at the customer's request. Without explicit language, both parties may claim ownership of bespoke functionality, leading to disputes on termination.",{"name":318,"plain_english":319,"sample_language":320,"common_mistake":321},"Confidentiality","Requires both parties to protect each other's non-public business information — pricing, roadmaps, customer lists, technical architecture — and defines the limited exceptions when disclosure is permitted.","Each party agrees to hold the other's Confidential Information in strict confidence using at least the same degree of care it applies to its own confidential information (but no less than reasonable care), and not to disclose it to any third party without prior written consent, except to employees or advisors who need it to perform obligations under this Agreement.","No time limit on confidentiality obligations post-termination. Perpetual confidentiality is difficult to enforce and creates compliance headaches; a 3–5 year post-termination period is the standard commercial approach.",{"name":323,"plain_english":324,"sample_language":325,"common_mistake":326},"Limitation of Liability and Disclaimer of Warranties","Caps total financial liability for both parties (typically 12 months of fees paid) and disclaims implied warranties of fitness for purpose — protecting the provider from open-ended damage claims.","In no event shall either party's total liability under this Agreement exceed the fees paid by Customer in the [12] months preceding the claim. Neither party shall be liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages. The Services are provided 'as is' without warranties beyond those expressly stated herein.","A limitation of liability clause that does not carve out exceptions for data breaches caused by the provider's gross negligence, IP indemnification obligations, or death and personal injury claims. Courts and regulators may refuse to enforce a cap that shields bad-faith conduct.",{"name":328,"plain_english":329,"sample_language":330,"common_mistake":331},"Term, Termination, and Off-Boarding","Sets the initial subscription term, the conditions under which either party may terminate early (for cause or convenience), notice requirements, and the provider's obligation to return or delete customer data on exit.","Either party may terminate this Agreement for material breach if the breach remains uncured [30] days after written notice. [PROVIDER] may terminate immediately if Customer fails to pay fees overdue by more than [60] days. On termination, [PROVIDER] shall make Customer Data available for export for [30] days, after which it shall be deleted within [90] days.","No data return or deletion timeline on termination. Customers who lose access to their data immediately upon cancellation face operational emergencies, regulatory exposure, and reputational damage — and will demand contractual remedies.",{"name":333,"plain_english":334,"sample_language":335,"common_mistake":336},"Governing Law and Dispute Resolution","Specifies the jurisdiction whose laws govern the agreement and whether disputes go to arbitration, mediation, or court — including the forum and process for seeking injunctive relief.","This Agreement shall be governed by the laws of [STATE/PROVINCE/COUNTRY] without regard to conflict-of-law principles. Any dispute not resolved by good-faith negotiation within [30] days shall be submitted to binding arbitration administered by [AAA/JAMS/ICC] in [CITY], except that either party may seek injunctive relief in any court of competent jurisdiction.","Choosing a governing law with no nexus to where either party operates. Some jurisdictions — including California — apply local law regardless of what the contract specifies, making a mismatched choice both unenforceable and misleading.",[338,343,348,353,358,363,368,373],{"step":339,"title":340,"description":341,"tip":342},1,"Identify the parties and platform","Enter the provider's full legal entity name and registered address, the customer's legal entity name and billing address, and the precise commercial name of the software platform being licensed.","Use the provider's registered corporate name — not a product brand name — to ensure IP ownership and liability clauses bind the correct legal entity.",{"step":344,"title":345,"description":346,"tip":347},2,"Define the subscription scope and authorized users","Specify the edition or tier of the platform being licensed, the number of authorized seats or users, and any permitted sub-entities or affiliates. State whether the license is per-user, per-instance, or usage-based.","Define 'authorized user' narrowly enough to prevent credential sharing but broadly enough to include employees who rotate into and out of the account.",{"step":349,"title":350,"description":351,"tip":352},3,"Set subscription fees, billing cycle, and renewal terms","Enter the subscription price, billing frequency (monthly or annual), invoice due date, late-payment interest rate, and the advance notice period required to prevent auto-renewal.","Annual upfront billing with a 60-day cancellation notice window is standard for enterprise SaaS; monthly billing typically warrants a shorter 30-day notice period.",{"step":354,"title":355,"description":356,"tip":357},4,"Complete the SLA and uptime commitments","Enter the monthly uptime target (e.g., 99.9%), define the scheduled maintenance window, and specify the service credit formula for SLA breaches — typically a percentage of monthly fees per hour of excess downtime.","Confirm your actual infrastructure uptime data before committing to an SLA percentage. Promising 99.9% when your cloud provider only guarantees 99.5% leaves a contractual gap.",{"step":359,"title":360,"description":361,"tip":362},5,"Address data ownership, processing, and privacy","Confirm that the customer owns their data, limit the provider's permitted uses of that data to service delivery, and insert or reference a standalone Data Processing Agreement if the platform handles personal data governed by GDPR or CCPA.","For EU and UK customers, a compliant DPA is not optional — it is a regulatory requirement under GDPR Article 28 regardless of what the main agreement says.",{"step":364,"title":365,"description":366,"tip":367},6,"Set the limitation of liability cap and exclusions","Enter the liability cap amount (typically total fees paid in the prior 12 months), list the categories of excluded consequential damages, and carve out exceptions for data breaches caused by the provider's gross negligence, IP indemnification, and death or personal injury.","Some enterprise customers will negotiate a higher cap for data-related breaches — a dual cap (e.g., 1× fees generally, 2× fees for data events) is an accepted market compromise.",{"step":369,"title":370,"description":371,"tip":372},7,"Define termination conditions and data off-boarding","Set the cure period for breach-based termination (30 days is standard), the notice period for termination for convenience if permitted, and the data export window and deletion timeline the provider commits to after termination.","A 30-day data export window followed by a 90-day deletion window is the minimum enterprise customers expect — shorter windows routinely trigger negotiation delays.",{"step":374,"title":375,"description":376,"tip":377},8,"Select governing law and sign before go-live","Choose a governing law jurisdiction with a real connection to the provider's operations, complete the signature blocks with authorized signatories for both parties, and execute before the customer is given access to the platform.","Use Business in a Box eSign to timestamp execution and store the countersigned copy — access provisioning before signature creates an implied-contract risk that dilutes your terms.",[379,383,387,391,395,399],{"mistake":380,"why_it_matters":381,"fix":382},"Provisioning access before the agreement is signed","Access given before execution creates an implied license on whatever terms were communicated informally — typically the customer's most favorable interpretation of pricing and SLA.","Make signature a technical prerequisite for account provisioning. eSign tools with automated access triggers enforce this without manual follow-up.",{"mistake":384,"why_it_matters":385,"fix":386},"Using a click-wrap terms-of-service for enterprise deals","Enterprise procurement teams routinely reject click-wrap terms as unenforceable or legally insufficient, stalling deals for weeks while a negotiated contract is drafted from scratch.","Maintain a pre-negotiated SaaS Agreement template for enterprise accounts and a separate online terms for self-serve customers — never apply the same document to both.",{"mistake":388,"why_it_matters":389,"fix":390},"Granting an overly broad data-use license","Language permitting the provider to use customer data 'to improve the service' has been interpreted by regulators and courts to include AI model training, data monetization, and sharing with third-party analytics providers.","Limit permitted data uses to 'providing and supporting the contracted Services' and require explicit written consent for any other use.",{"mistake":392,"why_it_matters":393,"fix":394},"No SLA remedy or service credit formula","An SLA that commits to 99.9% uptime but provides no remedy for missing it is unenforceable as a commercial matter and signals to enterprise buyers that the provider has no confidence in its own infrastructure.","Tie every uptime commitment to a specific, calculable service credit — for example, 5% of monthly fees for each full hour of downtime beyond the permitted threshold.",{"mistake":396,"why_it_matters":397,"fix":398},"Omitting a data return and deletion clause","Customers who cannot export their data on termination face immediate operational crises and regulatory exposure under GDPR, CCPA, and sector-specific data retention rules.","Commit to a specific export window (minimum 30 days) and a deletion timeline (90 days post-termination) with written confirmation of deletion on request.",{"mistake":400,"why_it_matters":401,"fix":402},"No limitation of liability carve-outs for gross negligence or data breaches","A liability cap that applies even to the provider's deliberate misconduct or negligent data breach is often unenforceable and will be struck down by courts in the UK, EU, and several US states.","Exclude from the cap: losses arising from gross negligence or willful misconduct, IP indemnification obligations, breaches of the confidentiality clause, and death or personal injury caused by either party.",[404,407,410,413,416,419,422,425,428],{"question":405,"answer":406},"What is a SaaS agreement?","A SaaS agreement is a legally binding contract between a cloud software provider and a customer that governs subscription access to a hosted platform. It defines the scope of the license, subscription fees and billing terms, uptime commitments, data ownership and privacy obligations, intellectual property rights, liability limits, and termination conditions. Unlike a software license agreement for on-premise software, a SaaS agreement is built around continuous service delivery and data custody.\n",{"question":408,"answer":409},"What should a SaaS agreement include?","A complete SaaS agreement covers ten core areas: subscription grant and authorized user definition, fees and auto-renewal terms, service-level agreement with uptime commitments and service credits, data ownership and permitted data uses, data processing and privacy compliance obligations, IP ownership and use restrictions, confidentiality, limitation of liability and warranty disclaimers, termination conditions and data off-boarding, and governing law and dispute resolution. Missing any of these creates gaps that enterprise buyers will flag during procurement review.\n",{"question":411,"answer":412},"Is a SaaS agreement the same as terms of service?","No. Terms of service are a click-wrap, unilateral document designed for self-serve or consumer customers — they are not individually negotiated and are accepted by clicking a checkbox. A SaaS agreement is a bilaterally signed contract, typically used for mid-market and enterprise accounts where the customer requires negotiated terms, a signed commitment from the provider, and specific data-security and SLA provisions. Many SaaS companies maintain both: terms of service for self-serve and a negotiated SaaS agreement for larger accounts.\n",{"question":414,"answer":415},"Who owns customer data under a SaaS agreement?","The customer retains ownership of all data they upload, input, or generate within the platform. The SaaS agreement should confirm this explicitly and limit the provider's permitted uses of that data to delivering the contracted service. The provider should not sell, rent, use for advertising, or train AI models on customer data without separate, explicit written consent. On termination, the provider is generally obligated to return the data in a portable format and delete it within a defined period.\n",{"question":417,"answer":418},"What is a reasonable SLA uptime commitment for a SaaS product?","99.9% monthly uptime (approximately 43 minutes of permitted downtime per month) is the standard commercial baseline for most SaaS products. Mission-critical platforms — financial infrastructure, healthcare systems, or real-time communications tools — typically commit to 99.95% or 99.99%. The SLA must exclude scheduled maintenance windows, upstream provider outages if they are disclosed in advance, and downtime caused by the customer's own actions. Always tie the uptime commitment to a calculable service credit remedy.\n",{"question":420,"answer":421},"Do I need a Data Processing Agreement as part of my SaaS agreement?","Yes, if your platform processes personal data on behalf of customers who are subject to GDPR, UK GDPR, CCPA, or similar privacy regulations. Under GDPR Article 28, a processor — which is what the SaaS provider is — must have a compliant Data Processing Agreement in place before handling any EU personal data. A DPA can be embedded in the SaaS agreement or executed as a separate addendum. Failing to have one exposes both the provider and the customer to regulatory fines.\n",{"question":423,"answer":424},"What liability cap is standard in a SaaS agreement?","The most widely accepted liability cap is total fees paid by the customer in the 12 months preceding the claim. Some enterprise customers negotiate a dual cap — a general cap of 12 months' fees and an elevated cap of 24 months' fees for data-related events. The cap should exclude liability for gross negligence or willful misconduct, IP indemnification obligations, breaches of the confidentiality clause, and — in the UK and EU — death or personal injury. A cap that does not carve out these categories is often unenforceable.\n",{"question":426,"answer":427},"Can a SaaS provider terminate the agreement if a customer doesn't pay?","Yes, but the agreement should specify the process clearly. A standard approach is to allow termination for non-payment after the invoice has been overdue for 30–60 days and the customer has received written notice with a cure period of at least 10 business days. Immediate termination without notice exposes the provider to breach claims if the customer disputes the invoice. Suspending access pending payment — rather than terminating outright — is a common and commercially reasonable intermediate step.\n",{"question":429,"answer":430},"Do I need a lawyer to draft a SaaS agreement?","For self-serve or low-value accounts, a well-constructed template is generally sufficient. Engage a lawyer when closing enterprise deals above $25,000 annually, when processing sensitive personal data governed by GDPR or HIPAA, when operating in regulated industries such as financial services or healthcare, or when the customer insists on significant redlines to the standard form. A 2–3 hour template review typically costs $500–$900 and is worthwhile for any deal where data liability or IP ownership is material.\n",[432,436,440,444,448,452],{"industry":433,"icon_asset_id":434,"specifics":435},"Financial Services and Fintech","industry-fintech","Enhanced data-security standards, SOC 2 Type II and PCI-DSS compliance references, financial data confidentiality provisions, and regulatory audit-access rights for supervisory authorities.",{"industry":437,"icon_asset_id":438,"specifics":439},"Healthcare and MedTech","industry-healthtech","HIPAA Business Associate Agreement incorporated by reference or attached as an addendum, PHI handling restrictions, breach notification within 60 days under HIPAA's Breach Notification Rule, and data residency requirements.",{"industry":441,"icon_asset_id":442,"specifics":443},"SaaS and Technology","industry-saas","API rate limits and fair-use policies, multi-tenant data isolation commitments, version deprecation and backward-compatibility notice periods, and open-source component disclosures.",{"industry":445,"icon_asset_id":446,"specifics":447},"Professional Services and Consulting","industry-professional-services","Client-confidentiality pass-through obligations, data segmentation between multiple client workspaces, and billing tied to active project seats rather than named users.",{"industry":449,"icon_asset_id":450,"specifics":451},"Retail and E-commerce","industry-retail","Integration with payment processors and PCI-DSS scope clarification, seasonal traffic and auto-scaling SLA provisions, and consumer data handling under CCPA and similar state privacy laws.",{"industry":453,"icon_asset_id":454,"specifics":455},"Education and EdTech","industry-ecommerce","FERPA and COPPA compliance obligations for student data, parental consent requirements for users under 13, and data deletion rights triggered by student or institutional off-boarding.",[457,460,463,466],{"vs":86,"vs_template_id":458,"summary":459},"software-license-agreement-D12741","A software license agreement governs on-premise software installed on the customer's own servers — the customer receives a perpetual or term license to a specific version. A SaaS agreement governs cloud-hosted software delivered as a continuous service, where the provider retains the software, hosts the data, and commits to uptime. SaaS customers never receive a copy of the software; they buy access.",{"vs":248,"vs_template_id":461,"summary":462},"software-development-agreement-D12716","A software development agreement governs the creation of custom software — the scope of work, milestones, IP ownership of the deliverable, and acceptance criteria. A SaaS agreement governs access to an already-built platform on a subscription basis. If a developer builds a custom platform and then hosts it for the client, both agreements may be needed: one for the build, one for ongoing access.",{"vs":73,"vs_template_id":464,"summary":465},"master-service-agreement-D12766","A master service agreement sets broad commercial terms for an ongoing relationship — payment, confidentiality, liability, and dispute resolution — and governs multiple statements of work beneath it. A SaaS agreement is a self-contained document specific to cloud software access. Some enterprise providers use an MSA plus a SaaS-specific order form; for most SaaS businesses, a standalone SaaS agreement covering all terms is simpler and preferred.",{"vs":467,"vs_template_id":468,"summary":469},"Terms of Service","terms-and-conditions-of-use-website-D539","Terms of service are a unilateral, click-wrap document published on a website and accepted by user action — they are not individually negotiated or countersigned. A SaaS agreement is a bilaterally executed contract providing stronger enforceability, individually negotiated terms, and the data-processing and SLA provisions that enterprise customers require. Use terms of service for self-serve accounts and a signed SaaS agreement for enterprise relationships.",{"use_template":471,"template_plus_review":475,"custom_drafted":479},{"best_for":472,"cost":473,"time":474},"SaaS founders onboarding SMB customers with standard subscription terms and deals under $25,000 annually","Free","30–60 minutes",{"best_for":476,"cost":477,"time":478},"Enterprise deals above $25,000, platforms processing personal data under GDPR or HIPAA, or customers with significant redline requests","$500–$1,200","2–5 days",{"best_for":480,"cost":481,"time":482},"Regulated industries (fintech, healthcare), multi-jurisdiction deployments, or deals where IP ownership and data liability are material negotiating points","$2,000–$8,000+","2–4 weeks",[484,489,494,499],{"code":485,"name":486,"flag_asset_id":487,"note":488},"us","United States","flag-us","No single federal SaaS-specific statute governs these agreements, but the CCPA and CPRA apply to California-based customers or data subjects, requiring specific data-use restrictions and deletion rights. HIPAA applies to any platform handling protected health information — a Business Associate Agreement is required in addition to the SaaS agreement. Limitation of liability and disclaimer clauses are generally enforceable under the UCC and state contract law, but gross-negligence carve-outs are required for the cap to survive scrutiny in several states.",{"code":490,"name":491,"flag_asset_id":492,"note":493},"ca","Canada","flag-ca","Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy laws (notably Quebec Law 25) impose consent, data-residency, and breach-notification obligations on SaaS providers handling personal data of Canadian residents. Quebec Law 25 requires a Privacy Impact Assessment for transfers of personal information outside Canada and mandates French-language contracts for provincially regulated entities in Quebec. SaaS agreements must address cross-border data transfer restrictions if customer data is hosted in US data centers.",{"code":495,"name":496,"flag_asset_id":497,"note":498},"uk","United Kingdom","flag-uk","UK GDPR (retained post-Brexit) requires a compliant Data Processing Agreement wherever the SaaS provider processes personal data as a processor. Data transfers from the UK to non-adequate countries require standard contractual clauses or another approved transfer mechanism. The UK's Consumer Rights Act 2015 and Unfair Contract Terms Act 1977 can strike down limitation of liability clauses that are unreasonable when contracting with certain customer types. SaaS providers targeting UK enterprise clients should ensure their liability cap and warranty disclaimer survive the reasonableness test under UCTA.",{"code":500,"name":501,"flag_asset_id":502,"note":503},"eu","European Union","flag-eu","GDPR Article 28 mandates a written Data Processing Agreement before any EU personal data is processed on behalf of a controller — this is not optional and cannot be waived by contract. The DPA must specify processing purposes, data categories, sub-processor disclosure obligations, and security measures. Transfers of personal data outside the EU to non-adequate countries require Standard Contractual Clauses (SCCs) updated per the 2021 European Commission decision. The EU AI Act, phasing in from 2025–2027, introduces additional transparency and risk-assessment obligations for SaaS providers whose platforms incorporate AI or machine-learning components.",[245,249,505,506,507,508,509,510,506,511,512,234],"master-service-agreement-D12657","website-terms-and-conditions-D13193","non-disclosure-agreement-nda-D12692","independent-contractor-agreement-D160","service-agreement-D12711","data-privacy-policy-D13465","consulting-agreement---long-D12543","intellectual-property-assignment-D5229",{"emit_how_to":171,"emit_defined_term":171},{"primary_folder":95,"secondary_folder":515,"document_type":516,"industry":517,"business_stage":518,"tags":519,"confidence":524},"services-and-consulting","agreement","software-and-technology","all-stages",[520,516,521,522,523],"saas","confidentiality","subscription","service-level-agreement",0.95,"\u003Ch2>What is a SaaS Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>SaaS Agreement\u003C/strong> is a legally binding contract between a cloud software provider and a customer that governs subscription-based access to a hosted software platform. Unlike a traditional software license — where the customer receives a copy of the program to install on their own servers — a SaaS agreement covers a continuous service relationship: the provider hosts the software, maintains the infrastructure, and commits to performance standards, while the customer pays a recurring fee for access. The agreement defines authorized users, subscription fees, uptime obligations, data ownership, IP rights, confidentiality, liability limits, and the terms on which either party may exit the relationship.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed SaaS agreement, you are exposed on four critical fronts simultaneously. First, your intellectual property — the platform you built — is accessible to customers under no documented restrictions on reverse engineering, resale, or misuse. Second, your customer's data sits in your systems with no explicit ownership clause, creating regulatory exposure under GDPR, CCPA, and sector-specific laws the moment a regulator or auditor asks who is responsible for that data. Third, enterprise procurement teams will not close a deal — regardless of how strong your product is — without a countersigned contract covering SLA commitments and data-security obligations. Fourth, a customer who churns with no data-return clause in place can hold your support team hostage until you manually export their records under threat of legal action. This template gives you a market-standard starting point that closes all four gaps, signals professionalism to buyers, and reduces the negotiation cycle on every enterprise deal you pursue.\u003C/p>\n",1781185943683]