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
Relevant legal definitions
Acceptable Use Policy
Access Credentials
Authorized Users
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Information
Platform
Renewal Term
Service Credits
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Data
Business Hours
Critical Incident
Data Breach
Implementation Services
Integration
License Metrics
Maintenance Release
Professional Services
Response Time
Resolution Time
Service Availability
Service Environment
Subscription Fees
Territory
Usage Data
User Documentation
Access Credentials
Authorized Users
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Information
Platform
Renewal Term
Service Credits
Service Levels
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Data
Business Hours
Critical Incident
Data Breach
Implementation Services
Integration
License Metrics
Maintenance Release
Professional Services
Response Time
Resolution Time
Service Availability
Service Environment
Subscription Fees
Territory
Usage Data
User Documentation
Clauses
Grant of License
Subscription Terms
Payment
Service Levels
Support Services
Data Protection
Privacy
Intellectual Property
Confidentiality
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Security
Access Rights
User Obligations
Acceptable Use
Service Availability
Maintenance
Updates and Upgrades
Audit Rights
Dispute Resolution
Assignment
Subcontracting
Insurance
Compliance with Laws
Notice
Entire Agreement
Severability
Governing Law
Third Party Rights
Amendment
Export Control
Business Continuity
Disaster Recovery
Data Backup
Service Credits
Implementation
Training
Integration
Anti-Corruption
Documentation
Subscription Terms
Payment
Service Levels
Support Services
Data Protection
Privacy
Intellectual Property
Confidentiality
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Security
Access Rights
User Obligations
Acceptable Use
Service Availability
Maintenance
Updates and Upgrades
Audit Rights
Dispute Resolution
Assignment
Subcontracting
Insurance
Compliance with Laws
Notice
Entire Agreement
Severability
Governing Law
Third Party Rights
Amendment
Export Control
Business Continuity
Disaster Recovery
Data Backup
Service Credits
Implementation
Training
Integration
Anti-Corruption
Documentation
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Government
Telecommunications
Media and Entertainment
Construction
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Finance
Operations
Risk and Compliance
Information Security
Sales
Product Development
Customer Success
Account Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Chief Information Security Officer
Software Development Manager
Contracts Manager
Chief Financial Officer
Operations Director
Risk Manager
Compliance Officer
Account Executive
Sales Director
Product Manager
Information Security Manager
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