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Software As A Service License Agreement

Software As A Service License Agreement Template for New Zealand

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Key Requirements PROMPT example:

Software As A Service License Agreement

"I need a Software as a Service License Agreement for my healthcare software platform that includes strict data protection clauses compliant with New Zealand healthcare regulations, with specific provisions for handling patient data and maintaining audit trails."

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This Software As A Service License Agreement template is designed for use under New Zealand law when establishing a contractual relationship between software service providers and their customers for cloud-based software solutions. The agreement is essential when a provider wishes to offer their software as a service over the internet, including provisions for service access, usage rights, data handling, and support services. It incorporates requirements from key New Zealand legislation including the Privacy Act 2020, Contract and Commercial Law Act 2017, and Fair Trading Act 1986. The document is particularly crucial for businesses transitioning from traditional software licensing to cloud-based service models, ensuring compliance with New Zealand's legal framework while protecting both parties' interests in the digital service delivery relationship.
Suggested Sections

1. Parties: Identifies and provides full legal details of the service provider and customer

2. Background: Sets out the context of the agreement and brief description of the service being provided

3. Definitions: Defines key terms used throughout the agreement

4. Service Provision: Details the SaaS services being provided, including service levels and access rights

5. License Grant: Specifies the terms of the software license, including scope, restrictions, and authorized users

6. Fees and Payment: Outlines the pricing structure, payment terms, and billing procedures

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

8. Data Protection and Privacy: Addresses data handling, privacy compliance, and security measures in accordance with NZ Privacy Act 2020

9. Intellectual Property Rights: Establishes ownership of IP and rights granted to each party

10. Confidentiality: Details confidentiality obligations and permitted disclosures

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

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

13. Term and Termination: Defines the agreement duration, renewal terms, and termination rights

14. General Provisions: Includes standard legal provisions such as governing law, dispute resolution, and assignment

Optional Sections

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

2. Service Level Agreement: Include when specific performance metrics and remedies need to be guaranteed

3. Disaster Recovery: Include when specific business continuity and disaster recovery commitments are required

4. audit rights: Include for enterprise customers or when handling sensitive data requiring audit capabilities

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

6. Change Control: Include when formal processes for service modifications are needed

7. Multi-tenant Provisions: Include when addressing shared infrastructure and segregation of customer data

8. Export Control: Include when services may be subject to international data transfer restrictions

Suggested Schedules

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

2. Service Level Agreement Schedule: Specific performance metrics, measurement methods, and service credits

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

4. Support Services Schedule: Support level definitions, response times, and escalation procedures

5. Data Processing Schedule: Detailed data handling procedures and privacy requirements

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

7. Security Requirements: Specific security standards and protocols to be maintained

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

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
Agreement
Authorized Users
Business Day
Confidential Information
Customer
Customer Data
Data Processing Schedule
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License Term
Maintenance Window
Normal Business Hours
Personal Information
Platform
Professional Services
Provider
Renewal Term
SaaS Services
Schedule
Security Breach
Service Credits
Service Level Agreement
Service Levels
Software
Subscription Fee
Support Services
System Requirements
Term
Third Party Applications
Updates
Uptime
User Credentials
Virus
Website
Clauses
Service Provision
License Grant
Access Rights
Service Levels
Fees and Payment
Data Protection
Privacy
Security
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Support Services
Service Credits
Acceptable Use
Customer Obligations
Provider Obligations
Audit Rights
Insurance
Disaster Recovery
Business Continuity
Change Management
Assignment
Subcontracting
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Third Party Rights
Data Backup
Service Suspension
Export Control
Relevant Industries

Information Technology

Software Development

Cloud Computing

Financial Services

Healthcare

Education

Professional Services

E-commerce

Telecommunications

Manufacturing

Government Services

Retail

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Compliance

Sales

Product Development

Operations

Risk Management

Customer Success

Technical Support

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Procurement Manager

Software Development Manager

Information Security Officer

Data Protection Officer

Contract Manager

Cloud Services Manager

Compliance Officer

Business Development Manager

Account Executive

Operations Manager

Risk Manager

Industries
Contract and Commercial Law Act 2017: Governs formation and enforcement of electronic contracts, including provisions for electronic transactions and digital signatures
Privacy Act 2020: Regulates the collection, use, storage and disclosure of personal information, including cloud-based services and cross-border data transfers
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade, including requirements for clear terms and conditions in digital services
Consumer Guarantees Act 1993: Provides statutory guarantees for services, including that they will be carried out with reasonable care and skill
Copyright Act 1994: Protects intellectual property rights in software and digital content, including licensing and distribution rights
Unsolicited Electronic Messages Act 2007: Regulates commercial electronic messages and spam, relevant for communications and marketing aspects of SaaS services
Commerce Act 1986: Governs competition law and anti-competitive practices, relevant for pricing and market behavior
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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