This Software As A Service Subscription Agreement is designed for use in the Indian market where cloud services are rapidly growing and require specific legal compliance measures. The document serves as a comprehensive framework for businesses providing or subscribing to cloud-based software services, ensuring compliance with Indian regulations including the Information Technology Act, 2000, data protection rules, and consumer protection laws. It is particularly relevant for organizations transitioning to cloud-based solutions or expanding their digital service offerings. The agreement covers essential aspects such as service access rights, data handling, security measures, service levels, and support commitments, while incorporating necessary provisions for cross-border data transfers and local compliance requirements.
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Key Requirements PROMPT example:
Software As A Service Subscription Agreement
"I need a Software As A Service Subscription Agreement for my Indian IT company that will provide cloud-based project management software to small and medium businesses, with standard data protection clauses and monthly subscription billing options."
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You keep IP ownership聽of your information
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1. Parties: Identifies the contracting parties - the SaaS provider and the subscriber, including their registered addresses and company details
2. Background: Provides context for the agreement, describing the nature of the SaaS service and the parties' intention to enter into the subscription arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Service Subscription: Details the grant of access rights, scope of subscription, and authorized users
5. Payment Terms: Specifies subscription fees, payment schedule, billing procedures, and late payment consequences
6. Service Provider Obligations: Outlines the provider's responsibilities including service delivery, maintenance, and support
7. Customer Obligations: Defines customer responsibilities including acceptable use policies and access management
8. Data Protection and Privacy: Addresses data handling, privacy compliance, and security measures as per Indian IT Act and Rules
9. Intellectual Property Rights: Establishes ownership of IP and usage rights for the service and related content
10. Confidentiality: Defines confidential information and obligations for its protection
11. Term and Termination: Specifies agreement duration, renewal terms, and termination circumstances
12. Service Levels and Support: Defines service availability commitments and support procedures
13. Limitation of Liability: Sets boundaries for liability and includes necessary disclaimers
14. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery
15. Governing Law and Jurisdiction: Specifies Indian law as governing law and defines jurisdiction for dispute resolution
16. General Provisions: Includes standard boilerplate clauses like notices, assignment, and entire agreement
1. Professional Services: Include when additional implementation, training, or consulting services are part of the agreement
2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
3. Compliance with Sector-Specific Regulations: Include when serving regulated industries like healthcare or finance
4. Service Credits: Include when offering financial compensation for service level failures
5. Audit Rights: Include when customer requires rights to audit provider's security or compliance
6. Insurance Requirements: Include when specific insurance coverage needs to be maintained
7. Third-Party Integration: Include when service integrates with third-party applications
8. White Labeling: Include when customer is permitted to rebrand the service
1. Service Description: Detailed description of the SaaS service features and functionality
2. Service Level Agreement (SLA): Specific performance metrics, measurement methods, and remedies
3. Support Services: Detailed support procedures, response times, and escalation processes
4. Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Security Policy: Detailed security measures and compliance procedures
6. Data Processing Agreement: Detailed terms for processing personal data in compliance with Indian law
7. Acceptable Use Policy: Detailed rules and restrictions for service usage
8. Technical Requirements: Specified technical requirements for accessing and using the service
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
E-commerce
Healthcare
Financial Services
Education
Manufacturing
Professional Services
Retail
Telecommunications
Government and Public Sector
Insurance
Real Estate
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Operations
Risk Management
Customer Success
Product Management
Business Development
Finance
Data Protection
Vendor Management
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Procurement Manager
Legal Counsel
Compliance Officer
Software Development Manager
Cloud Solutions Architect
Information Security Manager
Operations Director
Contract Manager
Risk Manager
Data Protection Officer
Technical Account Manager
Business Development Manager
Product Manager
Service Delivery Manager
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