This Software As A Service Subscription Agreement is designed for use in the Indian market where cloud services are rapidly growing and require specific legal compliance measures. The document serves as a comprehensive framework for businesses providing or subscribing to cloud-based software services, ensuring compliance with Indian regulations including the Information Technology Act, 2000, data protection rules, and consumer protection laws. It is particularly relevant for organizations transitioning to cloud-based solutions or expanding their digital service offerings. The agreement covers essential aspects such as service access rights, data handling, security measures, service levels, and support commitments, while incorporating necessary provisions for cross-border data transfers and local compliance requirements.

1. Parties: Identifies the contracting parties - the SaaS provider and the subscriber, including their registered addresses and company details

2. Background: Provides context for the agreement, describing the nature of the SaaS service and the parties' intention to enter into the subscription arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Service Subscription: Details the grant of access rights, scope of subscription, and authorized users

5. Payment Terms: Specifies subscription fees, payment schedule, billing procedures, and late payment consequences

6. Service Provider Obligations: Outlines the provider's responsibilities including service delivery, maintenance, and support

7. Customer Obligations: Defines customer responsibilities including acceptable use policies and access management

8. Data Protection and Privacy: Addresses data handling, privacy compliance, and security measures as per Indian IT Act and Rules

9. Intellectual Property Rights: Establishes ownership of IP and usage rights for the service and related content

10. Confidentiality: Defines confidential information and obligations for its protection

11. Term and Termination: Specifies agreement duration, renewal terms, and termination circumstances

12. Service Levels and Support: Defines service availability commitments and support procedures

13. Limitation of Liability: Sets boundaries for liability and includes necessary disclaimers

14. Force Majeure: Addresses circumstances beyond parties' control affecting service delivery

15. Governing Law and Jurisdiction: Specifies Indian law as governing law and defines jurisdiction for dispute resolution

16. General Provisions: Includes standard boilerplate clauses like notices, assignment, and entire agreement