Software As A Service Agreement Template for Denmark

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Software As A Service Agreement

Document background

This Software as a Service Agreement template is designed for use in Denmark and complies with Danish law and EU regulations. It is intended for situations where a service provider offers cloud-based software services to business customers, whether domestic or international. The agreement comprehensively covers essential aspects of SaaS provision, including service access, data processing, security measures, service levels, and support obligations. It incorporates necessary provisions to comply with the GDPR, Danish Data Protection Act, and other relevant legislation. This template is particularly valuable for businesses offering or procuring SaaS solutions in Denmark, providing a framework that balances service provider and customer interests while ensuring regulatory compliance.

Suggested Sections

1. Parties: Identification of the contracting parties - service provider and customer

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Service Description: Detailed description of the SaaS services being provided

5. Access and User Rights: Terms governing access to the service and user license rights

6. Service Provider Obligations: Core obligations of the service provider including service delivery and support

7. Customer Obligations: Customer's responsibilities including acceptable use and access management

8. Fees and Payment: Pricing, payment terms, and billing procedures

9. Data Protection and Security: GDPR compliance measures and data security obligations

10. Intellectual Property Rights: IP ownership, licenses, and restrictions

11. Confidentiality: Protection of confidential information exchanged between parties

12. Liability and Indemnification: Limitation of liability and indemnification obligations

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

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

Optional Sections

1. Professional Services: Include when additional implementation or consulting services are provided

2. Service Credits: Include when specific service credit regime applies for service level failures

3. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments

4. Audit Rights: Include when customer requires specific audit rights beyond standard data protection provisions

5. Insurance Requirements: Include when specific insurance coverage needs to be maintained

6. Competition Restrictions: Include when non-compete or exclusivity provisions are required

7. Change Control: Include when formal change management procedures are needed

Suggested Schedules

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

2. Service Level Agreement (SLA): Performance metrics, availability commitments, and support levels

3. Data Processing Agreement: GDPR-compliant data processing terms and details

4. Pricing Schedule: Detailed pricing structure, including tiered pricing if applicable

5. Support Services Schedule: Details of support services, response times, and escalation procedures

6. Security Requirements: Detailed security measures and compliance requirements

7. Acceptable Use Policy: Detailed rules for service usage and restrictions

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

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