This Software As A Service Agreement is designed for use in Malaysia when establishing a contractual relationship for the provision of cloud-based software services. It addresses key requirements under Malaysian law, including the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and Consumer Protection Act 1999. The agreement is suitable for both business-to-business and business-to-government relationships, providing comprehensive coverage of service delivery terms, performance standards, data protection measures, and compliance requirements. It includes provisions for service levels, support services, data security, and disaster recovery, making it particularly relevant for organizations digitizing their operations or implementing cloud-based solutions.
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1. Parties: Identification of the service provider and customer, including registration details and addresses
2. Background: Context of the agreement and brief description of the SaaS service being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Service Provision: Core obligations regarding the provision of the SaaS service
5. Access and Usage Rights: Terms governing customer's access to and usage of the software service
6. Service Levels: Guaranteed service levels, availability, and performance metrics
7. Fees and Payment: Pricing, payment terms, and billing procedures
8. Data Protection and Security: Obligations regarding data protection, privacy, and security measures
9. Intellectual Property Rights: IP ownership, licenses, and restrictions
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, and termination procedures
12. Limitation of Liability: Limits on liability and exclusions
13. Force Majeure: Provisions for unforeseen circumstances and force majeure events
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Professional Services: Include when additional implementation, training, or consulting services are provided alongside the SaaS
2. Service Credits: Include when offering financial compensation for failure to meet service levels
3. Disaster Recovery: Include for enterprise clients or when handling critical data requiring specific recovery procedures
4. Multi-tenant Provisions: Include when service is provided in a shared infrastructure environment
5. Compliance with Industry Standards: Include when serving regulated industries or clients requiring specific compliance measures
6. White Labeling: Include when allowing customer to rebrand the service
7. API Usage Terms: Include when providing API access as part of the service
8. Geographic Restrictions: Include when service availability is limited to specific regions
1. Schedule 1 - Service Description: Detailed description of the SaaS service, features, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, measurement methods, and reporting procedures
3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Schedule 5 - Technical Requirements: Minimum technical requirements for accessing and using the service
6. Schedule 6 - Security Requirements: Detailed security measures, protocols, and compliance requirements
7. Schedule 7 - Data Processing Agreement: Detailed terms for processing personal data in compliance with PDPA
8. Schedule 8 - Acceptable Use Policy: Rules and restrictions for use of the service
Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Customer
Customer Data
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Privacy Policy
Renewal Term
Scheduled Maintenance
Security Breach
Service Credits
Service Level Agreement
Service Provider
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third Party Components
Update
Upgrade
User Access Credentials
User Account
Working Hours
Authorized Users
Business Day
Confidential Information
Customer
Customer Data
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Maintenance Window
Personal Data
Platform
Privacy Policy
Renewal Term
Scheduled Maintenance
Security Breach
Service Credits
Service Level Agreement
Service Provider
Services
Software
Subscription Term
Support Services
System Requirements
Term
Third Party Components
Update
Upgrade
User Access Credentials
User Account
Working Hours
Clauses
Service Provision
License Grant
Access Rights
Service Levels
Support Services
Data Protection
Data Security
Personal Data Processing
Fees and Payment
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Acceptable Use
Service Availability
Maintenance
Disaster Recovery
Audit Rights
Notice
Amendment
Entire Agreement
Severability
Third Party Rights
License Grant
Access Rights
Service Levels
Support Services
Data Protection
Data Security
Personal Data Processing
Fees and Payment
Intellectual Property
Confidentiality
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Acceptable Use
Service Availability
Maintenance
Disaster Recovery
Audit Rights
Notice
Amendment
Entire Agreement
Severability
Third Party Rights
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Government
Telecommunications
E-commerce
Logistics
Construction
Real Estate
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Finance
Operations
Risk Management
Commercial
Software Development
Infrastructure
Data Protection
Vendor Management
Digital Transformation
Relevant Roles
Chief Technology Officer
Chief Information Officer
Head of Legal
IT Director
Procurement Manager
Data Protection Officer
Legal Counsel
Compliance Officer
Solutions Architect
IT Security Manager
Contract Manager
Software Development Manager
Operations Director
Chief Financial Officer
Risk Manager
Commercial Director
Head of Operations
Digital Transformation Manager
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