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Software As A Service Agreement

Software As A Service Agreement Template for New Zealand

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Key Requirements PROMPT example:

Software As A Service Agreement

"I need a Software as a Service Agreement for my New Zealand-based healthcare software company that will be providing patient management systems to medical clinics, with specific emphasis on data privacy compliance and system availability guarantees."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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
Acceptable Use Policy
Access Credentials
Authorized Users
Business Day
Business Hours
Confidential Information
Configuration
Customer Data
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Data
Privacy Act
Renewal Term
SaaS Services
Scheduled Maintenance
Security Breach
Service Credits
Service Levels
Service Level Agreement
Software
Subscription
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Data
User Interface
Implementation Services
Integration
API
Authentication Method
Backup
Bandwidth
Cloud Storage
Data Processing
Disaster Recovery Plan
Downtime
Encryption
Help Desk
Host
Infrastructure
License
Login
Metadata
Multi-Factor Authentication
Platform
Response Time
Server
Service Availability
Service Provider
Source Code
Specifications
Technical Support
Terms of Service
Territory
Uptime
User Account
Clauses
Definitions
Service Provision
License Grant
Access Rights
Service Levels
Support Services
Fees and Payment
Customer Obligations
Provider Obligations
Data Protection
Privacy
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Security
Acceptable Use
Service Availability
Maintenance
Disaster Recovery
Data Backup
Audit Rights
Insurance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notice
Amendment
Entire Agreement
Severability
Survival
Third Party Rights
Data Migration
Service Credits
Integration
Implementation
Training
Competition
Anti-Bribery
Export Control
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

Industries
Privacy Act 2020: Governs how personal information must be collected, used, stored and disclosed. Crucial for SaaS agreements as they often involve processing and storing customer data.
Contract and Commercial Law Act 2017: Provides the fundamental framework for electronic transactions and digital business operations in New Zealand, including electronic contracts and signatures.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade. Relevant for service descriptions, warranties, and representations made in the SaaS agreement.
Consumer Guarantees Act 1993: Provides statutory guarantees for the supply of goods and services to consumers, which may apply if the SaaS is provided to individual consumers rather than businesses.
Copyright Act 1994: Protects intellectual property rights in software and digital content, crucial for defining ownership and usage rights in SaaS agreements.
Commerce Act 1986: Regulates anti-competitive behavior and must be considered when drafting terms regarding market competition and exclusive arrangements.
Unsolicited Electronic Messages Act 2007: Regulates commercial electronic messages and must be considered if the SaaS includes email marketing or communication features.
Personal Property Securities Act 1999: May be relevant if the SaaS agreement includes any security interests or if the service provider needs to register interests in personal property.
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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