This Software As A Service Subscription Agreement template is designed for use in the Nigerian market, where digital transformation and cloud adoption are rapidly growing. It serves as the primary contract between software providers and their customers for cloud-based services, incorporating essential elements required under Nigerian law, particularly the Nigeria Data Protection Regulation (NDPR) and cybersecurity requirements. The document is structured to protect both provider and subscriber interests while ensuring compliance with local regulations and international standards. It's particularly relevant given Nigeria's increasing focus on digital service regulation and the growing need for standardized, compliant SaaS agreements in the market.
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1. Parties: Identification of the service provider and subscriber, including full legal names and addresses
2. Background: Context of the agreement and brief description of the SaaS service being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Description: Detailed description of the SaaS services, including scope and functionality
5. Subscription Terms: Terms of the subscription, including duration, renewal, and termination provisions
6. Payment Terms: Pricing, payment schedule, billing procedures, and related financial terms
7. Service Levels: Service level commitments, availability guarantees, and performance metrics
8. User Access and Security: Terms governing user access, authentication, and security requirements
9. Data Protection and Privacy: Compliance with NDPR and other data protection requirements
10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use
11. Confidentiality: Protection of confidential information and trade secrets
12. Support and Maintenance: Technical support services and maintenance procedures
13. Warranties and Disclaimers: Service provider warranties and limitations
14. Limitation of Liability: Liability caps and exclusions
15. Force Majeure: Events excusing performance
16. General Provisions: Miscellaneous legal provisions including notices, assignment, and governing law
1. Professional Services: Additional implementation, training, or consulting services if required
2. Disaster Recovery: Specific disaster recovery and business continuity provisions for critical services
3. Third-Party Integrations: Terms governing integration with third-party services or applications
4. Compliance Requirements: Industry-specific compliance requirements (e.g., financial services, healthcare)
5. Service Credits: Compensation mechanism for service level failures
6. Account Management: Provisions for multiple user accounts and hierarchical access rights
7. Beta Services: Terms for beta or trial features if offered
8. Export Control: Export control compliance for international services
9. Insurance: Specific insurance requirements for high-value or high-risk services
1. Service Level Agreement (SLA): Detailed service levels, metrics, and remedies
2. Pricing Schedule: Detailed pricing tiers, subscription plans, and payment terms
3. Technical Requirements: Minimum technical specifications and requirements for using the service
4. Support Services: Detailed support levels, response times, and escalation procedures
5. Data Processing Agreement: Detailed terms for personal data processing in compliance with NDPR
6. Security Requirements: Detailed security protocols, standards, and procedures
7. Acceptable Use Policy: Rules and restrictions for use of the service
8. Service Territory: Geographic locations where service is provided and data is stored/processed
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