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B2B SaaS Contract

B2B SaaS Contract Generator for Australia

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Key Requirements PROMPT example:

B2B SaaS Contract Template

"I need a B2B SaaS Contract Template for my Australian-based software company that will be providing project management software to medium-sized businesses, with the contract starting from March 2025 and including standard service level agreements and basic data protection provisions."

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Document background
This B2B SaaS Contract Template is designed for use in the Australian jurisdiction when establishing a software as a service relationship between business entities. It serves as a foundational document for companies providing or procuring cloud-based software services, incorporating essential provisions required under Australian law. The template addresses critical aspects such as service delivery, data protection, privacy compliance, and performance standards, while aligning with key legislation including the Privacy Act 1988 and the Electronic Transactions Act 1999. This document is particularly valuable for technology companies expanding their services in Australia and businesses seeking to procure SaaS solutions with proper legal protection. The template includes customizable elements to accommodate various service models while maintaining compliance with Australian regulatory requirements.
Suggested Sections

1. Parties: Identification of the service provider and customer, including registered addresses and company details

2. Background: Context of the agreement and brief description of the SaaS service being provided

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Service Provision: Description of the SaaS services, service levels, and access terms

5. Payment Terms: Pricing, payment schedule, invoicing, and late payment consequences

6. Term and Termination: Contract duration, renewal terms, and termination conditions

7. Service Level Agreement: Performance metrics, availability guarantees, and support services

8. Data Protection and Security: Data handling, security measures, and privacy compliance obligations

9. Intellectual Property Rights: Ownership of IP, licensing terms, and usage rights

10. Confidentiality: Protection of confidential information and trade secrets

11. Warranties and Disclaimers: Service warranties, performance guarantees, and limitations

12. Liability and Indemnification: Limitation of liability and mutual indemnification provisions

13. Force Majeure: Circumstances exempt from contractual obligations

14. General Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Professional Services: Include when additional implementation, training, or consulting services are required

2. Business Continuity: Include for critical services requiring disaster recovery and business continuity planning

3. Change Management: Include when formal processes for service modifications are needed

4. Audit Rights: Include when customer requires rights to audit service provider's security or compliance

5. Multi-tenant provisions: Include when addressing shared infrastructure and resource allocation

6. Geographic Restrictions: Include when service use or data storage has geographic limitations

7. Third-party Integration: Include when service interfaces with third-party applications

8. Exit Management: Include when complex transition arrangements are needed at termination

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications and functionality of the SaaS service

2. Schedule 2 - Service Level Agreement: Detailed performance metrics, response times, and service credits

3. Schedule 3 - Pricing and Payment Schedule: Detailed pricing structure, payment terms, and fee calculations

4. Schedule 4 - Support Services: Support level definitions, contact procedures, and escalation processes

5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements

6. Schedule 6 - Data Processing Agreement: Specific terms for handling personal data and ensuring privacy compliance

7. Schedule 7 - Acceptable Use Policy: Rules and restrictions for use of the SaaS service

8. Schedule 8 - Business Continuity Plan: Disaster recovery and service continuation procedures

9. Appendix A - Technical Requirements: Customer's technical requirements for accessing the service

10. Appendix B - Authorized Users: Definition and management of authorized user accounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Tests
Authorized Users
Business Day
Business Hours
Confidential Information
Customer Data
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Personal Information
Platform
Professional Services
Renewal Term
SaaS Services
Service Credits
Service Levels
Service Level Agreement
Scheduled Maintenance
Security Breach
Security Requirements
Service Availability
Software
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Credentials
Virus
Implementation Services
Integration Services
API
Authentication
Backup
Business Continuity Plan
Change Request
Configuration
Custom Development
Dashboard
Data Center
Disaster Recovery Plan
Enhancement
Error
Help Desk
Hosting Services
Interface
Malicious Code
Metadata
Multi-Factor Authentication
Response Time
Resolution Time
Service Availability Percentage
Service Environment
Service Window
Severity Level
Source Code
Specifications
User Interface
Clauses
Service Provision
License Grant
Access Rights
Service Levels
Support Services
Fees and Payment
Data Protection
Data Security
Privacy Compliance
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Service Availability
Maintenance
User Obligations
Acceptable Use
Security Requirements
Audit Rights
Business Continuity
Disaster Recovery
Change Management
Implementation
Training
Documentation
Third-Party Integration
Subcontracting
Assignment
Dispute Resolution
Governing Law
Insurance
Notice
Exit Management
Data Migration
Service Credits
Performance Monitoring
Compliance with Laws
Anti-Corruption
Relevant Industries

Information Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Retail

Education

Telecommunications

Real Estate

Logistics

Media and Entertainment

Construction

Energy

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Operations

Sales

Product Development

Risk Management

Commercial Operations

Project Management

Customer Success

Technical Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Chief Information Officer

Commercial Manager

Contract Manager

Information Security Manager

Data Protection Officer

Risk Manager

Compliance Officer

Operations Director

Software Development Manager

Business Development Manager

Project Manager

Account Executive

Solution Architect

Industries
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and requires compliance with Australian Privacy Principles (APPs), particularly relevant for data storage and processing in SaaS solutions
Competition and Consumer Act 2010 (including Australian Consumer Law): While primarily focused on consumer protection, it also applies to B2B transactions and includes provisions about unfair contract terms, warranties, and guarantees
Electronic Transactions Act 1999: Provides the legal framework for electronic transactions and digital signatures, crucial for SaaS agreements executed online
Copyright Act 1968: Protects software and related intellectual property rights, essential for defining ownership and usage rights in SaaS arrangements
Security of Critical Infrastructure Act 2018: May be relevant if the SaaS service involves critical infrastructure or systems, imposing additional security obligations
Telecommunications Act 1997: Relevant for SaaS services that involve telecommunications services or facilities
State Electronic Transactions Acts: State-specific legislation governing electronic transactions and digital contracts
Spam Act 2003: Regulates electronic communications and marketing activities that might be part of the SaaS service
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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