The Master Software As A Service Agreement serves as the primary contractual framework for organizations providing or subscribing to cloud-based software services in India. This document is essential when establishing long-term SaaS relationships, whether for single or multiple software solutions. It addresses critical aspects required under Indian law, including data localization requirements, security standards under the IT Act, and compliance with Indian contract law principles. The agreement typically covers service delivery, performance standards, data protection, intellectual property rights, and liability limitations, while incorporating specific Indian regulatory requirements. It's designed to accommodate various service models and can be customized for different industry sectors, making it suitable for both domestic and international SaaS transactions subject to Indian jurisdiction.
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1. Parties: Identification of the contracting parties - SaaS provider and customer
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Provision: Core obligations regarding the provision of the SaaS services
5. Service Levels: Performance standards, availability commitments, and support services
6. Customer Obligations: Customer's responsibilities and acceptable use policies
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection and Security: Obligations regarding data handling, security measures, and compliance with Indian data protection laws
9. Intellectual Property Rights: IP ownership, licenses, and restrictions
10. Confidentiality: Protection of confidential information and trade secrets
11. Warranties and Representations: Service quality guarantees and compliance warranties
12. Limitation of Liability: Caps on liability and excluded losses
13. Indemnification: Mutual indemnities for specific risks
14. Term and Termination: Contract duration, renewal, and termination rights
15. Force Majeure: Provisions for unforeseen circumstances affecting performance
16. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Professional Services: Include when additional implementation, training, or consulting services are required
2. Disaster Recovery: Include for critical applications requiring specific disaster recovery commitments
3. Service Credits: Include when financial compensation is offered for service level failures
4. Third-Party Integrations: Include when the SaaS service interfaces with third-party applications
5. Insurance: Include when specific insurance coverage requirements are needed
6. Audit Rights: Include for regulated industries or when customer requires audit capabilities
7. Data Migration: Include when specific provisions for importing/exporting customer data are required
8. Change Control: Include when formal processes for service modifications are needed
1. Schedule 1 - Service Description: Detailed description of the SaaS services, features, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, measurement methods, and remedies
3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures
4. Schedule 4 - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing models
5. Schedule 5 - Security Requirements: Specific security standards, protocols, and compliance requirements
6. Schedule 6 - Data Processing Agreement: Detailed terms for processing personal data in compliance with Indian law
7. Schedule 7 - Business Continuity Plan: Disaster recovery and business continuity procedures
8. Appendix A - Authorized Users: Definition and requirements for authorized users of the service
9. Appendix B - Technical Requirements: Customer infrastructure and technical requirements for using the service
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