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Master Software As A Service Agreement

Master Software As A Service Agreement Template for Philippines

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Key Requirements PROMPT example:

Master Software As A Service Agreement

"I need a Master Software As A Service Agreement for my healthcare software company based in Manila, with specific provisions for handling sensitive medical data and compliance with Philippine healthcare regulations, planned for implementation by March 2025."

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Document background
The Master Software As A Service Agreement serves as the foundational contract between software service providers and their customers in the Philippines, establishing the legal framework for cloud-based software service delivery. This document is essential when a company provides software solutions through a subscription-based model, requiring careful consideration of Philippine regulations, particularly the Electronic Commerce Act, Data Privacy Act, and Consumer Protection laws. The agreement covers crucial aspects such as service levels, data protection, intellectual property rights, and payment terms, while ensuring compliance with local legal requirements. It's designed to protect both parties' interests while facilitating long-term business relationships in the digital service sector, making it particularly relevant for businesses operating in or expanding into the Philippine market.
Suggested Sections

1. Parties: Identification of the contracting parties including registered addresses and company details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Defined terms used throughout the agreement

4. Service Provision: Description of SaaS services, access rights, and service delivery terms

5. Service Levels: Performance standards, availability commitments, and support services

6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

8. Data Protection and Security: Data handling, privacy compliance, and security measures as per Philippine Data Privacy Act

9. Intellectual Property Rights: IP ownership, licenses, and restrictions under Philippine IP Code

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Agreement duration, renewal terms, and termination rights

12. Warranties and Disclaimers: Service warranties and limitations

13. Liability and Indemnification: Limitation of liability and mutual indemnification obligations

14. Force Majeure: Events excusing performance obligations

15. General Provisions: Standard clauses including governing law, dispute resolution, and notices

Optional Sections

1. Professional Services: Include when additional implementation, training, or consulting services are provided

2. Disaster Recovery: Include for enterprise clients or when handling critical data

3. Insurance Requirements: Include for enterprise clients or high-value contracts

4. Change Control: Include when service modifications need formal approval process

5. Audit Rights: Include for financial sector clients or when required by regulations

6. Multi-tenant Provisions: Include when service is shared across multiple customers

7. Geographic Restrictions: Include when service availability is limited to specific regions

8. Compliance with Industry Standards: Include when specific industry certifications or standards apply

Suggested Schedules

1. Schedule A - Service Description: Detailed description of SaaS services, features, and functionality

2. Schedule B - Service Level Agreement: Detailed SLA metrics, remedies, and support procedures

3. Schedule C - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing tiers

4. Schedule D - Technical Requirements: System requirements, supported browsers, and technical specifications

5. Schedule E - Data Processing Agreement: Detailed data handling procedures and privacy requirements

6. Schedule F - Support Services: Support level definitions, response times, and escalation procedures

7. Appendix 1 - Acceptable Use Policy: Detailed rules for service usage and prohibited activities

8. Appendix 2 - Security Standards: Security protocols, measures, and compliance requirements

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptable Use Policy
Affiliate
Agreement
Authorized User
Business Day
Confidential Information
Customer
Customer Data
Data Processing Agreement
Data Protection Laws
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Intellectual Property Rights
Maintenance Window
Malicious Code
Personal Information
Platform
Professional Services
Provider
Renewal Term
SaaS Services
Schedule
Security Breach
Service Credits
Service Level Agreement
Service Levels
Software
Subscription Term
Support Services
System Requirements
Term
Third-Party Applications
Updates
Upgrades
User Credentials
Virus
Working Hours
Clauses
Service Provision
License Grant
Access Rights
Service Levels
Support Services
Fees and Payment
Data Protection
Data Security
Privacy Compliance
Intellectual Property
Confidentiality
Performance Standards
Customer Obligations
Provider Obligations
Acceptable Use
Service Availability
Maintenance
Updates and Upgrades
Warranties
Representations
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Disaster Recovery
Business Continuity
Audit Rights
Insurance
Change Management
Assignment
Subcontracting
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Survival
Relevant Industries

Information Technology

Financial Services

Healthcare

Education

E-commerce

Manufacturing

Professional Services

Government

Telecommunications

Retail

Insurance

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Sales

Operations

Finance

Risk Management

Business Development

Customer Success

Technical Support

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

Procurement Manager

IT Director

Compliance Officer

Data Protection Officer

Contract Manager

Software Development Manager

Information Security Manager

Business Development Director

Operations Manager

Risk Manager

Chief Financial Officer

Sales Director

Industries
Electronic Commerce Act of 2000 (Republic Act No. 8792): Governs electronic data messages and electronic documents, providing legal recognition of electronic transactions and digital signatures. Essential for SaaS agreements as they are typically executed and delivered electronically.
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and storage of personal information. Critical for SaaS agreements as they often involve processing and storing customer data in cloud systems.
Intellectual Property Code of the Philippines (Republic Act No. 8293): Protects intellectual property rights, including software and related technologies. Relevant for defining ownership, licensing terms, and IP protection in SaaS agreements.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and interests, including provisions on warranties and service quality. Applicable when the SaaS service is provided to consumers or end-users.
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Addresses cybersecurity and cyber crimes, relevant for data security provisions and obligations in SaaS agreements.
Civil Code of the Philippines (Republic Act No. 386): Provides general principles of contract law that apply to all agreements, including formation, validity, and enforcement of contracts.
National Internal Revenue Code: Governs taxation aspects of digital services and software licensing, including VAT on electronic transactions and withholding tax obligations.
BSP Circular No. 808, Series of 2013: Guidelines on Information Technology Risk Management for BSP-supervised institutions, relevant if the SaaS provider serves financial institutions.
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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