This Software As A Service Subscription Agreement template is designed for use in the Saudi Arabian market where organizations are increasingly adopting cloud-based solutions. It serves as the primary contract between software providers and their customers for cloud-delivered services, incorporating essential elements required by Saudi law and regulations. The agreement addresses critical aspects such as data localization requirements, cybersecurity measures, and Shariah compliance, while establishing clear service levels and performance metrics. It is particularly relevant given Saudi Arabia's digital transformation initiatives and the growing emphasis on cloud computing in both public and private sectors. The document ensures compliance with local regulations including the Cloud Computing Regulatory Framework, Personal Data Protection Law, and Anti-Cyber Crime Law, while providing comprehensive coverage of commercial and technical requirements for SaaS deployments.
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1. Parties: Identification of the contracting parties, including full legal names, commercial registration numbers, and authorized representatives
2. Background: Context of the agreement and brief description of the SaaS service being provided
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to the SaaS service
4. Service Provision: Description of the SaaS services, access rights, and service availability commitments
5. Subscription Terms: Details of subscription duration, renewal terms, and user license provisions
6. Fees and Payment: Payment terms, fee structure, invoicing, and payment methods compliant with Saudi banking requirements
7. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Saudi data protection laws
8. Service Levels: Service level commitments, performance metrics, and remedies for failure to meet SLAs
9. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of the software and related materials
11. Confidentiality: Confidentiality obligations and permitted disclosures
12. Term and Termination: Contract duration, renewal terms, termination rights, and consequences of termination
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and exclusions
14. Force Majeure: Events constituting force majeure and consequences thereof
15. Governing Law and Jurisdiction: Application of Saudi law and jurisdiction for dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Professional Services: Include when implementation, training, or consulting services are part of the agreement
2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
3. Third-Party Integrations: Include when the service interfaces with third-party applications
4. Export Control: Include when the service involves cross-border data transfers or technology export
5. Insurance: Include when specific insurance coverage requirements are needed
6. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
7. Local Content Requirements: Include when compliance with Saudi Arabia's local content requirements is relevant
8. Shariah Compliance: Include specific provisions ensuring compliance with Islamic principles when required by the customer
1. Service Description: Detailed technical specifications of the SaaS service and functionality
2. Service Level Agreement: Detailed service levels, measurement methods, and service credits
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Support Services: Support level descriptions, response times, and escalation procedures
5. Data Processing Agreement: Detailed terms for processing personal data in compliance with Saudi law
6. Security Requirements: Detailed security measures, protocols, and compliance requirements
7. Acceptable Use Policy: Detailed rules and restrictions for use of the service
8. Business Continuity Plan: Disaster recovery and business continuity procedures
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