This Software As A Service License Agreement template is designed for use under New Zealand law when establishing a contractual relationship between software service providers and their customers for cloud-based software solutions. The agreement is essential when a provider wishes to offer their software as a service over the internet, including provisions for service access, usage rights, data handling, and support services. It incorporates requirements from key New Zealand legislation including the Privacy Act 2020, Contract and Commercial Law Act 2017, and Fair Trading Act 1986. The document is particularly crucial for businesses transitioning from traditional software licensing to cloud-based service models, ensuring compliance with New Zealand's legal framework while protecting both parties' interests in the digital service delivery relationship.
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Key Requirements PROMPT example:
Software As A Service License Agreement
"I need a Software as a Service License Agreement for my healthcare software platform that includes strict data protection clauses compliant with New Zealand healthcare regulations, with specific provisions for handling patient data and maintaining audit trails."
1. Parties: Identifies and provides full legal details of the service provider and customer
2. Background: Sets out the context of the agreement and brief description of the service being provided
3. Definitions: Defines key terms used throughout the agreement
4. Service Provision: Details the SaaS services being provided, including service levels and access rights
5. License Grant: Specifies the terms of the software license, including scope, restrictions, and authorized users
6. Fees and Payment: Outlines the pricing structure, payment terms, and billing procedures
7. Customer Obligations: Defines customer responsibilities, acceptable use policies, and compliance requirements
8. Data Protection and Privacy: Addresses data handling, privacy compliance, and security measures in accordance with NZ Privacy Act 2020
9. Intellectual Property Rights: Establishes ownership of IP and rights granted to each party
10. Confidentiality: Details confidentiality obligations and permitted disclosures
11. Warranties and Disclaimers: Sets out service warranties and limitations
12. Liability and Indemnification: Specifies liability limits and indemnification obligations
13. Term and Termination: Defines the agreement duration, renewal terms, and termination rights
14. General Provisions: Includes standard legal provisions such as governing law, dispute resolution, and assignment
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Service Level Agreement: Include when specific performance metrics and remedies need to be guaranteed
3. Disaster Recovery: Include when specific business continuity and disaster recovery commitments are required
4. audit rights: Include for enterprise customers or when handling sensitive data requiring audit capabilities
5. Insurance Requirements: Include when specific insurance coverage needs to be maintained
6. Change Control: Include when formal processes for service modifications are needed
7. Multi-tenant Provisions: Include when addressing shared infrastructure and segregation of customer data
8. Export Control: Include when services may be subject to international data transfer restrictions
1. Service Description Schedule: Detailed technical specifications of the SaaS service and features
2. Service Level Agreement Schedule: Specific performance metrics, measurement methods, and service credits
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Support Services Schedule: Support level definitions, response times, and escalation procedures
5. Data Processing Schedule: Detailed data handling procedures and privacy requirements
6. Acceptable Use Policy: Detailed rules and restrictions for service usage
7. Security Requirements: Specific security standards and protocols to be maintained
8. Business Continuity Plan: Disaster recovery procedures and business continuity commitments
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Computing
Financial Services
Healthcare
Education
Professional Services
E-commerce
Telecommunications
Manufacturing
Government Services
Retail
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Sales
Product Development
Operations
Risk Management
Customer Success
Technical Support
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Development Manager
Information Security Officer
Data Protection Officer
Contract Manager
Cloud Services Manager
Compliance Officer
Business Development Manager
Account Executive
Operations Manager
Risk Manager
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