The Software Subscription Agreement is designed for use in the Nigerian market where organizations or individuals seek to establish a formal relationship for the provision of subscription-based software services. This document is essential when implementing software as a service (SaaS) or other subscription-based software models in Nigeria, ensuring compliance with local regulations including the NDPR, Cybercrimes Act, and electronic commerce laws. The agreement covers crucial aspects such as service delivery, data protection, payment terms, and service levels, while incorporating specific Nigerian legal requirements. It's particularly relevant for both domestic and international software providers operating in Nigeria, addressing unique local considerations such as foreign exchange regulations and local content requirements where applicable.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of the software service
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Subscription Grant: Terms of the subscription license, scope of use, and access rights
5. Subscription Fees and Payment: Pricing, payment terms, invoicing, and payment methods in compliance with Nigerian banking regulations
6. Term and Termination: Duration of agreement, renewal terms, and termination rights
7. Service Levels: Performance standards, availability commitments, and support services
8. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
9. Data Protection and Privacy: NDPR compliance, data processing terms, and security measures
10. Intellectual Property Rights: IP ownership, licenses, and restrictions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service warranties and limitations
13. Limitation of Liability: Liability caps and exclusions under Nigerian law
14. Force Majeure: Events beyond reasonable control affecting performance
15. Governing Law and Jurisdiction: Nigerian law application and dispute resolution procedures
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Professional Services: Include when implementation, training, or consulting services are provided
2. Hardware Requirements: Include when specific hardware is required for software operation
3. Third-Party Integrations: Include when the software integrates with third-party services
4. Export Compliance: Include for international customers or when software is subject to export controls
5. Disaster Recovery: Include for critical business applications requiring specific recovery procedures
6. Change Control: Include when formal change management procedures are required
7. Source Code Escrow: Include when source code escrow arrangements are required
8. Multi-tenant Provisions: Include for shared infrastructure deployments
9. Local Content Requirements: Include when Nigerian local content laws apply to the service delivery
1. Schedule 1 - Service Description: Detailed description of the software functionality and features
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures
4. Schedule 4 - Pricing and Payment Schedule: Detailed pricing, payment terms, and subscription tiers
5. Schedule 5 - Data Processing Agreement: Detailed data protection terms compliant with NDPR
6. Schedule 6 - Technical Requirements: Software technical specifications and requirements
7. Schedule 7 - Implementation Plan: If applicable, timeline and milestones for implementation
8. Appendix A - Authorized Users: Definition and categories of authorized users
9. Appendix B - Acceptable Use Policy: Detailed acceptable use terms and restrictions
Relevant legal definitions
Acceptable Use Policy
Affiliate
Authorized Users
Business Day
Confidential Information
Customer Data
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Licensed Software
Maintenance Window
Malicious Code
NDPR
Normal Business Hours
Personal Data
Platform
Professional Services
Renewal Term
Service Credits
Service Levels
Service Level Agreement
Software
Subscription
Subscription Term
Support Services
System Requirements
Term
Third-Party Software
Updates
Upgrades
User Credentials
Virus
Implementation Services
API
Access Credentials
Backup
Bandwidth
Cloud Services
Configuration
Custom Development
Data Center
Disaster Recovery Plan
Enhancement
Error
Hosting Services
Integration
Interface
Metadata
Modification
Multi-Factor Authentication
Processing
Response Time
Service Availability
Service Provider
Source Code
Specifications
Technical Support
Territory
Usage Data
User Interface
Affiliate
Authorized Users
Business Day
Confidential Information
Customer Data
Data Protection Laws
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Licensed Software
Maintenance Window
Malicious Code
NDPR
Normal Business Hours
Personal Data
Platform
Professional Services
Renewal Term
Service Credits
Service Levels
Service Level Agreement
Software
Subscription
Subscription Term
Support Services
System Requirements
Term
Third-Party Software
Updates
Upgrades
User Credentials
Virus
Implementation Services
API
Access Credentials
Backup
Bandwidth
Cloud Services
Configuration
Custom Development
Data Center
Disaster Recovery Plan
Enhancement
Error
Hosting Services
Integration
Interface
Metadata
Modification
Multi-Factor Authentication
Processing
Response Time
Service Availability
Service Provider
Source Code
Specifications
Technical Support
Territory
Usage Data
User Interface
Clauses
License Grant
Access Rights
Subscription Terms
Payment
Service Levels
Software Support
Maintenance
User Restrictions
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Customer Obligations
Provider Obligations
Service Availability
Performance Standards
Acceptable Use
Technical Requirements
Implementation
Training
Documentation
Audit Rights
Insurance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notice
Foreign Exchange
Local Content
Export Control
Disaster Recovery
Business Continuity
Change Management
Service Credits
Authentication
Security Measures
Compliance with Laws
Third-Party Rights
Entire Agreement
Severability
Variation
Waiver
Access Rights
Subscription Terms
Payment
Service Levels
Software Support
Maintenance
User Restrictions
Data Protection
Data Security
Confidentiality
Intellectual Property
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Customer Obligations
Provider Obligations
Service Availability
Performance Standards
Acceptable Use
Technical Requirements
Implementation
Training
Documentation
Audit Rights
Insurance
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notice
Foreign Exchange
Local Content
Export Control
Disaster Recovery
Business Continuity
Change Management
Service Credits
Authentication
Security Measures
Compliance with Laws
Third-Party Rights
Entire Agreement
Severability
Variation
Waiver
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Telecommunications
Government
Energy
E-commerce
Media and Entertainment
Transportation and Logistics
Real Estate
Agriculture
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Information Security
Risk Management
Operations
Vendor Management
Software Asset Management
Data Protection
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
Information Security Manager
Contract Manager
Chief Financial Officer
IT Procurement Specialist
Data Protection Officer
Risk Manager
Operations Director
Software Asset Manager
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