This Software As A Service Agreement is designed for use in New Zealand business contexts where software services are provided over the internet on a subscription basis. It is essential for businesses offering or purchasing cloud-based software solutions, establishing clear terms for service delivery, performance standards, data handling, and privacy compliance. The agreement incorporates requirements from key New Zealand legislation including the Privacy Act 2020, Contract and Commercial Law Act 2017, and Fair Trading Act 1986. It's particularly relevant for scenarios involving ongoing software access, regular updates, and data processing, whether for small business implementations or enterprise-level deployments. The document includes comprehensive coverage of service levels, support obligations, data security measures, and liability provisions specific to the New Zealand legal framework.
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1. Parties: Identification of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement, brief description of the service, and purpose of the contract
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Provision: Core obligations regarding the provision of the SaaS service, including access, availability, and service scope
5. Term and Termination: Duration of the agreement, renewal terms, and termination rights and procedures
6. Fees and Payment: Pricing, payment terms, billing cycles, and late payment consequences
7. Service Levels: Performance standards, availability commitments, and response times
8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
9. Data Protection and Privacy: Obligations under the Privacy Act 2020, data handling, security measures, and breach notification procedures
10. Intellectual Property: IP ownership, licenses, and restrictions on use
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service provider warranties and statutory compliance
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
14. Force Majeure: Events beyond reasonable control and their impact on service provision
15. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and notices
1. Professional Services: Additional implementation, training, or consulting services if offered alongside the SaaS
2. Service Credits: Compensation scheme for service level failures, typically used in enterprise agreements
3. Disaster Recovery: Detailed disaster recovery and business continuity provisions for enterprise clients
4. Data Migration: Terms for importing and exporting customer data, needed when data migration services are offered
5. Third-Party Integrations: Terms governing integration with other software or services
6. White Labeling: Provisions for rebranding the service, if white-label options are offered
7. Compliance Requirements: Industry-specific compliance terms for regulated sectors
8. Multi-Tenant Provisions: Specific terms for shared infrastructure in multi-tenant environments
1. Service Description: Detailed description of the SaaS service, features, and functionality
2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and additional charges
4. Technical Requirements: Minimum system requirements and technical specifications
5. Security Standards: Detailed security measures, protocols, and certifications
6. Support Services: Support level descriptions, response times, and escalation procedures
7. Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws
8. Acceptable Use Policy: Detailed rules and restrictions for using the service
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Professional Services
Retail
Manufacturing
Government
Telecommunications
Media and Entertainment
Real Estate
Non-Profit Organizations
Construction
Legal Services
Human Resources
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Risk and Compliance
Sales
Customer Success
Product Management
Operations
Privacy and Data Protection
Finance
Software Development
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Chief Information Officer
Chief Information Security Officer
Contract Manager
Software Development Manager
Operations Director
Risk Manager
Compliance Officer
Service Delivery Manager
Account Executive
Sales Director
Product Manager
Privacy Officer
Data Protection Officer
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