Software As A Service Agreement Template for Austria

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Key Requirements PROMPT example:

Software As A Service Agreement

"I need a Software as a Service Agreement for my enterprise-level data analytics platform, launching in March 2025, that will be used by financial institutions in Austria, with robust security measures and GDPR compliance requirements."

Document background

This Software as a Service Agreement is essential for businesses providing or purchasing cloud-based software services in Austria. The document is structured to comply with Austrian legal requirements while incorporating EU regulations, particularly GDPR and e-commerce directives. It serves as a comprehensive framework for defining the service relationship, establishing clear responsibilities for both provider and customer, and ensuring proper handling of data protection and security requirements. The agreement is particularly important in the Austrian market where strict data protection and consumer protection laws apply, and it includes specific provisions for service levels, support, maintenance, and liability that align with local legal standards.

Suggested Sections

1. Parties: Identification and details of the contracting parties (SaaS provider and customer)

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

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

4. Service Provision: Detailed description of the SaaS services, service levels, and access rights

5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

7. Service Levels: Performance standards, availability commitments, and support services

8. Data Protection and Security: GDPR compliance, data processing terms, and security measures

9. Intellectual Property Rights: Ownership of IP, licensing terms, and usage rights

10. Confidentiality: Protection of confidential information and trade secrets

11. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

12. Provider Obligations: Provider commitments, maintenance, and support obligations

13. Warranties and Disclaimers: Service warranties, quality guarantees, and limitations

14. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

15. Force Majeure: Circumstances excusing performance obligations

16. General Provisions: Governing law, jurisdiction, entire agreement, and standard boilerplate clauses

Optional Sections

1. Service Credits: Include when offering financial compensation for service level failures

2. Disaster Recovery: Include for enterprise clients or critical services requiring detailed recovery procedures

3. Professional Services: Include when offering additional implementation, training, or consulting services

4. Audit Rights: Include for regulated industries or when handling sensitive data

5. Change Management: Include for complex implementations requiring formal change processes

6. Multi-tenant Provisions: Include when service is shared among multiple customers

7. Export Control: Include when service may be subject to international data transfer restrictions

8. Business Continuity: Include for enterprise clients requiring detailed continuity commitments

9. Compliance with Industry Standards: Include when specific industry certifications or standards apply

Suggested Schedules

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

2. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies

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

4. Data Processing Agreement: GDPR-compliant data processing terms and security measures

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

6. Technical Requirements: Required technical specifications for accessing and using the service

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

8. Security Policy: Detailed security measures, protocols, and compliance requirements

9. Business Continuity Plan: Detailed procedures for service continuity and disaster recovery

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

Information Technology

Financial Services

Healthcare

E-commerce

Education

Professional Services

Manufacturing

Retail

Telecommunications

Insurance

Real Estate

Construction

Hospitality

Transportation

Energy

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Sales

Business Development

Operations

Risk Management

Information Security

Product Management

Service Delivery

Customer Success

Software Development

Data Protection

Vendor Management

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Data Protection Officer

Chief Information Security Officer

Contract Manager

Business Development Manager

Software Development Manager

Operations Manager

Compliance Officer

Sales Director

Account Manager

Product Manager

Service Delivery Manager

Risk Manager

Privacy Officer

Technical Architect

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Let's create your Software As A Service Agreement

Authors

Alex Denne

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