Subscription Agreement for India

Subscription Agreement Template for India

A Subscription Agreement governed by Indian law is a legally binding contract that establishes the terms and conditions for recurring access to products, services, or content. This agreement outlines the rights and obligations of both the service provider and the subscriber, including payment terms, service levels, usage rights, and termination conditions. The document incorporates requirements from Indian legislation, including the Indian Contract Act, Consumer Protection Act, and Information Technology Act, ensuring compliance with local regulations while protecting both parties' interests. It addresses key aspects such as data privacy, electronic transactions, and consumer protection specific to the Indian legal framework.

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What is a Subscription Agreement?

The Subscription Agreement is essential for businesses operating on recurring revenue models in India. This contract type is particularly relevant in today's digital economy where subscription-based services are increasingly common across various sectors. The agreement needs to comply with Indian legislation, including the Indian Contract Act 1872, Consumer Protection Act 2019, and Information Technology Act 2000. It typically covers service delivery terms, payment schedules, service levels, data protection, and termination rights. The document is crucial for both B2B and B2C contexts, providing legal protection while ensuring transparency in subscription-based relationships. Used primarily when establishing ongoing service relationships, this agreement type has become increasingly important with the growth of SaaS, digital services, and recurring billing models in the Indian market.

What sections should be included in a Subscription Agreement?

1. Parties: Identification and details of the service provider and subscriber

2. Background: Context of the agreement and brief description of the subscription service

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

4. Subscription Services: Detailed description of services provided under the subscription

5. Term and Renewal: Duration of the subscription and renewal terms

6. Payment Terms: Subscription fees, payment schedule, and payment methods

7. Rights and Obligations: Detailed responsibilities and rights of both parties

8. Service Levels: Performance standards and service availability commitments

9. Data Protection and Privacy: Handling of personal data and privacy compliance measures

10. Intellectual Property: IP rights and usage restrictions

11. Confidentiality: Protection of confidential information

12. Termination: Conditions and process for termination

13. Limitation of Liability: Scope of liability and limitations

14. Dispute Resolution: Process for resolving disputes

15. General Provisions: Miscellaneous legal provisions including notices, amendments, and governing law

What sections are optional to include in a Subscription Agreement?

1. Trial Period: Terms for any free trial period - include if offering trial subscriptions

2. User Restrictions: Specific usage limitations - include for multi-user or enterprise subscriptions

3. White Label Services: Terms for rebranding services - include if allowing white labeling

4. API Terms: Terms for API access and usage - include if providing API access

5. Implementation Services: Terms for setup and implementation - include if offering implementation support

6. Data Migration: Terms for data migration services - include if offering data migration

7. Reseller Terms: Terms for reselling services - include if allowing reselling

8. Geographic Restrictions: Regional limitations - include if service is geographically restricted

9. Insurance: Insurance requirements - include for high-value enterprise subscriptions

What schedules should be included in a Subscription Agreement?

1. Service Description: Detailed technical specifications of the subscription services

2. Service Level Agreement: Detailed service levels, metrics, and remedies

3. Pricing Schedule: Detailed pricing tiers and payment terms

4. Data Processing Agreement: Detailed terms for processing personal data

5. Acceptable Use Policy: Guidelines for acceptable use of the service

6. Security Requirements: Technical and organizational security measures

7. Support Services: Details of support services and response times

8. Third-Party Terms: Terms applicable to third-party components or services

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Software & Technology

Digital Services

Media & Entertainment

Professional Services

Healthcare

Education

Financial Services

Telecommunications

Cloud Computing

SaaS (Software as a Service)

Consumer Services

E-commerce

Content Distribution

Business Services

Relevant Teams

Legal

Sales

Business Development

Product

Operations

Finance

Compliance

Revenue Operations

Customer Success

Procurement

Risk Management

Commercial

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Chief Technology Officer

Product Manager

Compliance Officer

Revenue Operations Manager

Account Executive

Customer Success Manager

Operations Director

Chief Financial Officer

Commercial Director

Procurement Manager

Risk Manager

Industries
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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