Master Software As A Service Agreement Template for New Zealand

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Key Requirements PROMPT example:

Master Software As A Service Agreement

"I need a Master Software As A Service Agreement for our enterprise-level healthcare software platform that will be deployed in New Zealand from January 2025, with strict data protection provisions and compliance with healthcare regulations."

Document background

This Master Software As A Service Agreement is designed for use when establishing a long-term relationship between a software service provider and a customer organization in New Zealand. The agreement comprehensively addresses the provision of cloud-based software services, including access rights, service levels, data protection, and compliance with New Zealand legislation such as the Privacy Act 2020 and Contract and Commercial Law Act 2017. It is particularly suitable for businesses seeking to formalize their SaaS arrangements with robust legal protection and clear operational parameters. The document serves as a master agreement that can be supplemented with specific service schedules and is structured to accommodate various SaaS delivery models while ensuring compliance with local regulatory requirements.

Suggested Sections

1. Parties: Identifies the contracting parties - the SaaS provider and the customer

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Service Provision: Details the core SaaS services to be provided, including service levels and support

5. Access and Usage Rights: Specifies the terms of access, user licenses, and permitted usage of the software

6. Payment Terms: Outlines fees, payment schedule, and billing procedures

7. Customer Obligations: Defines customer responsibilities and acceptable use policies

8. Data Protection and Security: Addresses data privacy, security measures, and compliance requirements

9. Intellectual Property Rights: Establishes ownership and licensing of IP in the software and customer data

10. Confidentiality: Protects confidential information of both parties

11. Warranties and Disclaimers: Sets out service warranties and limitations

12. Liability and Indemnification: Defines liability limits and indemnification obligations

13. Term and Termination: Specifies contract duration, renewal, and termination rights

14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Business Continuity and Disaster Recovery: Details disaster recovery and business continuity procedures, recommended for enterprise-level agreements

2. Audit Rights: Grants customer rights to audit provider's security and compliance, important for regulated industries

3. Professional Services: Includes terms for additional implementation, training, or consulting services if offered

4. Service Credits: Establishes service credit regime for service level failures, useful for high-value agreements

5. Data Migration: Specifies terms for initial data migration and exit data transfer, important for complex implementations

6. Compliance with Specific Regulations: Addresses compliance with industry-specific regulations (e.g., healthcare, financial services)

7. Sub-processors: Details terms for use of sub-processors, important when provider uses third-party services

8. Insurance Requirements: Specifies required insurance coverage, important for enterprise customers

Suggested Schedules

1. Service Level Agreement (SLA): Detailed service levels, measurement methods, and remedies

2. Support Services: Support tier details, response times, and escalation procedures

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

4. Security Requirements: Specific security standards, protocols, and compliance requirements

5. Data Processing Agreement: Detailed terms for processing personal data, including privacy and security requirements

6. Acceptable Use Policy: Detailed rules and restrictions for use of the service

7. Technical Specifications: Detailed description of the software functionality and technical requirements

8. Implementation Plan: Timeline and milestones for service implementation, if applicable

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Government

Telecommunications

Insurance

E-commerce

Media and Entertainment

Non-profit Organizations

Logistics and Transportation

Relevant Teams

Legal

Information Technology

Information Security

Procurement

Compliance

Risk Management

Operations

Commercial

Sales

Technical Architecture

Software Development

Data Protection

Finance

Account Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

Procurement Manager

IT Director

Information Security Manager

Data Protection Officer

Contract Manager

Commercial Director

Risk Manager

Compliance Officer

Software Development Manager

Operations Manager

Account Executive

Sales Director

Technical Architect

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Let's create your Master Software As A Service Agreement

Authors

Alex Denne

Find the exact document you need

Master Contract Agreement

Master Software As A Service Agreement

Form Of Subscription Agreement

Master Procurement Agreement

Master Supplier Agreement

Download our whitepaper on the future of AI in Legal

Genie’s Security Promise

Your documents are private:

Your documents are protected:

Organizational security

Innovation in privacy:

Want to know more?

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