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White Label SaaS Agreement

White Label SaaS Agreement Generator for Australia

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Key Requirements PROMPT example:

White Label SaaS Agreement Template

"I need a White Label SaaS Agreement Template for an Australian fintech company that will allow banks and financial institutions to rebrand our payment processing software, with specific focus on data security and regulatory compliance in the financial sector."

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Document background
The White Label SaaS Agreement Template is designed for use in the Australian market where software providers wish to expand their market reach by allowing other businesses to rebrand and resell their SaaS solutions. This comprehensive agreement template addresses the complex relationship between SaaS providers and their white label partners, covering essential elements such as service provision, branding rights, technical requirements, data protection, and commercial terms. It is specifically drafted to comply with Australian legislation, including the Privacy Act 1988, Competition and Consumer Act 2010, and relevant electronic transactions laws. The template is suitable for both established SaaS providers and scale-ups looking to expand their distribution channels through white label partnerships, providing a robust framework for such business arrangements while maintaining appropriate protections for all parties involved.
Suggested Sections

1. Parties: Identification of the SaaS provider and the white label partner

2. Background: Context of the agreement, including brief description of the SaaS solution and white labeling arrangement

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

4. Service Provision: Core obligations regarding the provision of the SaaS solution

5. White Label Rights and Obligations: Rights and restrictions regarding rebranding and reselling the service

6. License Grant: Scope of license for using and white labeling the software

7. Fees and Payment: Pricing, payment terms, and billing arrangements

8. Service Levels: Performance standards, availability commitments, and support obligations

9. Data Protection and Privacy: Obligations regarding data handling, security, and privacy compliance

10. Intellectual Property Rights: IP ownership, protection, and related warranties

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration, renewal, and termination provisions

13. Warranties and Disclaimers: Service warranties and limitations

14. Liability and Indemnification: Risk allocation between parties

15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

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

2. Marketing and Promotion: Include when specific marketing obligations or restrictions apply to the white label arrangement

3. Revenue Sharing: Include when there's a revenue sharing model rather than fixed fees

4. Territory Restrictions: Include when the white label rights are limited to specific geographic regions

5. Disaster Recovery: Include for critical systems requiring specific disaster recovery commitments

6. Customer Support Flow: Include when defining multi-tier support arrangements between provider and partner

7. Competition Restrictions: Include when limiting partner's ability to offer competing solutions

8. Source Code Escrow: Include when source code access might be required in specific circumstances

9. Custom Development: Include when bespoke development is part of the arrangement

10. Compliance and Audit Rights: Include for regulated industries or when specific compliance requirements exist

Suggested Schedules

1. Service Description: Detailed technical specifications of the SaaS solution

2. Service Level Agreement: Detailed performance metrics, support levels, and remedies

3. Fee Schedule: Detailed pricing, payment terms, and calculation methods

4. Branding Guidelines: Requirements and restrictions for white labeling the service

5. Security Requirements: Detailed security protocols and standards

6. Data Processing Agreement: Specific terms for handling personal and sensitive data

7. Technical Support Process: Detailed support procedures and escalation paths

8. Acceptable Use Policy: Terms governing the use of the service

9. Business Continuity Plan: Disaster recovery and business continuity procedures

10. Implementation Plan: Timeline and milestones for service implementation

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
Background IP
Branding Guidelines
Business Day
Confidential Information
Configuration Services
Customer Data
Documentation
End Customer
End User Agreement
Force Majeure Event
Foreground IP
Implementation Services
Intellectual Property Rights
Licensed Materials
Maintenance Window
Original Branding
Partner Brand
Personal Information
Platform
Professional Services
Rebranded Solution
Revenue Share
SaaS Services
Service Credits
Service Levels
Service Level Agreement
Setup Services
Software
Specifications
Subscription Fees
Subscription Term
Support Services
Territory
Third Party Materials
Updates
Uptime
User Data
White Label Rights
White Label Services
Clauses
Definitions
Interpretation
Service Provision
License Grant
White Label Rights
Implementation
Service Levels
Support Services
Fees and Payment
Intellectual Property
Data Protection
Privacy
Confidentiality
Security
Performance Standards
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Insurance
Compliance
Notice
Amendments
Severability
Entire Agreement
Competition
Marketing
Territory Restrictions
Revenue Sharing
Service Credits
Business Continuity
Disaster Recovery
User Obligations
Access Rights
Maintenance
Updates
Third Party Integration
Exit Assistance
Reporting
Relevant Industries

Information Technology

Financial Services

Healthcare

Professional Services

Retail

Education

Telecommunications

Manufacturing

Real Estate

Insurance

Media and Entertainment

Consulting

Relevant Teams

Legal

Commercial

Sales

Information Technology

Product Development

Operations

Compliance

Finance

Business Development

Partner Relations

Technical Support

Security

Relevant Roles

Chief Technology Officer

Legal Counsel

Commercial Director

Head of Partnerships

Product Manager

Sales Director

Chief Information Officer

Compliance Officer

Business Development Manager

Operations Director

Contract Manager

Software Development Manager

Chief Financial Officer

Partner Success Manager

Technical Account Manager

Industries
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and government agencies, including the Australian Privacy Principles (APPs) which are crucial for SaaS providers handling customer data
Competition and Consumer Act 2010 (including Australian Consumer Law): Governs business conduct, consumer protections, and unfair contract terms, particularly relevant for B2B SaaS contracts and white labeling arrangements
Electronic Transactions Act 1999: Provides legal framework for electronic transactions and digital signatures, essential for online service agreements
Copyright Act 1968: Protects software intellectual property rights and licensing arrangements in SaaS solutions
Security of Critical Infrastructure Act 2018: May apply if the SaaS service is used in critical infrastructure sectors, imposing additional security obligations
Telecommunications Act 1997: Relevant for cloud-based services and data transmission aspects of SaaS solutions
Trade Marks Act 1995: Important for white labeling arrangements and brand protection in the agreement
State-specific Electronic Transactions Acts: State-level legislation that may affect electronic transactions and contracts depending on the jurisdiction within Australia
Spam Act 2003: Regulates electronic communications and marketing activities that might be part of the SaaS service
Treasury Laws Amendment (Consumer Data Right) Act 2019: May be relevant if the SaaS service involves handling of consumer data within regulated sectors
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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