The Software Subscription Agreement is essential for businesses providing or acquiring software services in Australia. This agreement is typically used when software is delivered as a service (SaaS) or through cloud-based platforms, requiring ongoing access and regular payments rather than a one-time purchase. It addresses critical aspects such as service availability, data security, privacy compliance, and support services while ensuring adherence to Australian legal requirements including the Privacy Act 1988 and Australian Consumer Law. The agreement protects both the provider's intellectual property and the subscriber's rights to access and use the software, making it a fundamental document for modern software transactions in the Australian market.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Provides context and purpose of the agreement, including brief description of the software service
3. Definitions: Defines key terms used throughout the agreement
4. Subscription Grant: Details the rights granted, scope of use, and any restrictions on the software subscription
5. Fees and Payment: Specifies subscription fees, payment terms, billing cycles, and payment methods
6. Term and Termination: Defines initial term, renewal provisions, and termination rights and processes
7. Service Levels: Establishes availability commitments, maintenance windows, and support services
8. User Access and Security: Outlines user authentication, access controls, and security responsibilities
9. Data Protection and Privacy: Addresses compliance with Privacy Act and data handling obligations
10. Intellectual Property Rights: Establishes ownership and usage rights of software and related materials
11. Warranties and Disclaimers: States express warranties and Australian Consumer Law compliance
12. Liability and Indemnification: Sets liability limits and indemnification obligations
13. Confidentiality: Defines confidential information and protection obligations
14. General Provisions: Includes standard clauses like governing law, notices, and assignment
1. Professional Services: Include when implementation, training, or consulting services are provided alongside the subscription
2. Third-Party Integrations: Include when the software integrates with third-party services or requires third-party licenses
3. Disaster Recovery: Include for critical software systems requiring specific disaster recovery commitments
4. Export Controls: Include when software may be subject to international use or export restrictions
5. Insurance Requirements: Include when specific insurance coverage is required from either party
6. Change Control: Include when formal processes for changes to services or terms are needed
7. Service Credits: Include when offering financial compensation for service level failures
8. Audit Rights: Include when usage auditing or compliance verification is required
1. Schedule 1 - Service Description: Detailed description of software functionality and included features
2. Schedule 2 - Service Level Agreement: Detailed service levels, response times, and performance metrics
3. Schedule 3 - Support Services: Support tiers, contact procedures, and escalation processes
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Security Requirements: Specific security standards, protocols, and compliance requirements
6. Schedule 6 - Data Processing Terms: Detailed data handling procedures and privacy compliance measures
7. Schedule 7 - Acceptable Use Policy: Rules and restrictions for use of the software service
8. Appendix A - Technical Requirements: Minimum system requirements and technical specifications
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Genie’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; Genie’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it