This Software As A Service Agreement is designed for use in South Africa when establishing a contractual relationship between a software service provider and its customers for cloud-based software solutions. The agreement comprehensively covers the provision of software services, including access rights, service levels, data protection (particularly under POPIA), maintenance, and support obligations. It is structured to comply with South African legislation, including the Electronic Communications and Transactions Act (ECTA), Consumer Protection Act, and data protection laws. This template is suitable for both B2B and B2C relationships, though certain provisions may need adjustment depending on the nature of the customer. The agreement includes essential schedules for technical specifications, service levels, and pricing, making it adaptable for various software service offerings while maintaining legal compliance in the South African jurisdiction.
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1. Parties: Identification and details of the contracting parties - the SaaS provider and the customer
2. Background: Context of the agreement and brief description of the service being provided
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Service Description: Detailed description of the SaaS services, including features, functionality, and access methods
5. Term and Termination: Duration of the agreement, renewal terms, and termination rights and procedures
6. Fees and Payment: Pricing, payment terms, billing cycles, and payment methods
7. Service Levels: Performance standards, availability commitments, and response times
8. User Access and Security: Terms governing user access, authentication, and security requirements
9. Data Protection and Privacy: POPIA compliance measures, data processing terms, and privacy obligations
10. Intellectual Property Rights: Ownership and licensing of IP, including software, data, and customer content
11. Confidentiality: Protection of confidential information exchanged between parties
12. Warranties and Disclaimers: Service warranties, disclaimers, and limitation of liability
13. Support and Maintenance: Technical support scope, maintenance windows, and upgrade procedures
14. General Terms: Standard legal provisions including governing law, dispute resolution, and notices
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 requiring specific recovery procedures
3. Audit Rights: Include when clients require rights to audit security or compliance measures
4. Change Control: Include for enterprise agreements where formal change procedures are required
5. Insurance Requirements: Include when specific insurance coverage needs to be maintained
6. Marketing Rights: Include when parties want to specify terms for using each other's names and logos
7. Multi-tenant Provisions: Include when specifying shared infrastructure arrangements and segregation measures
8. Export Control: Include when services may involve cross-border data transfers or technology export
9. Source Code Escrow: Include when customer requires source code protection through escrow arrangement
1. Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and remedies for non-compliance
2. Pricing Schedule: Detailed pricing tiers, volume discounts, and additional service fees
3. Technical Specifications: Detailed technical requirements, supported platforms, and integration specifications
4. Support Services Description: Detailed support levels, response times, and escalation procedures
5. Data Processing Agreement: Detailed POPIA compliance measures and data processing terms
6. Security Requirements: Detailed security protocols, standards, and compliance requirements
7. Acceptable Use Policy: Rules and restrictions for use of the service
8. Business Continuity Plan: Disaster recovery and business continuity procedures
Relevant legal definitions
Acceptable Use Policy
Account
Affiliated Company
Agreement
API
Authorized Users
Business Day
Business Hours
Commencement Date
Confidential Information
Configuration
Custom Development
Customer
Customer Data
Data Processing Agreement
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Implementation Services
Initial Term
Intellectual Property Rights
Login Credentials
Maintenance Window
Malicious Code
Normal Business Hours
Operator
Personal Information
POPIA
Processing
Professional Services
Prohibited Content
Renewal Period
Responsible Party
Service Credits
Service Level Agreement
Service Levels
Services
Software
Subscription Fee
Support Services
System Requirements
Term
Third Party Applications
Update
Upgrade
User Documentation
Virus
Website
Account
Affiliated Company
Agreement
API
Authorized Users
Business Day
Business Hours
Commencement Date
Confidential Information
Configuration
Custom Development
Customer
Customer Data
Data Processing Agreement
Data Subject
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
GDPR
Implementation Services
Initial Term
Intellectual Property Rights
Login Credentials
Maintenance Window
Malicious Code
Normal Business Hours
Operator
Personal Information
POPIA
Processing
Professional Services
Prohibited Content
Renewal Period
Responsible Party
Service Credits
Service Level Agreement
Service Levels
Services
Software
Subscription Fee
Support Services
System Requirements
Term
Third Party Applications
Update
Upgrade
User Documentation
Virus
Website
Clauses
Interpretation
Services Provision
License Grant
Access Rights
Service Levels
Support Services
Customer Obligations
Provider Obligations
Data Protection
Data Processing
Information Security
Intellectual Property
Confidentiality
Fees and Payment
Term and Duration
Termination
Force Majeure
Limitation of Liability
Warranties
Indemnification
Service Availability
Maintenance
Acceptable Use
User Management
Audit Rights
Dispute Resolution
Assignment
Subcontracting
Notice
Governing Law
Entire Agreement
Variation
Severability
Third Party Rights
Anti-Bribery
Data Backup
Disaster Recovery
Service Credits
Change Management
Export Control
Services Provision
License Grant
Access Rights
Service Levels
Support Services
Customer Obligations
Provider Obligations
Data Protection
Data Processing
Information Security
Intellectual Property
Confidentiality
Fees and Payment
Term and Duration
Termination
Force Majeure
Limitation of Liability
Warranties
Indemnification
Service Availability
Maintenance
Acceptable Use
User Management
Audit Rights
Dispute Resolution
Assignment
Subcontracting
Notice
Governing Law
Entire Agreement
Variation
Severability
Third Party Rights
Anti-Bribery
Data Backup
Disaster Recovery
Service Credits
Change Management
Export Control
Relevant Industries
Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
Insurance
Real Estate
Non-profit Organizations
Media and Entertainment
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Finance
Sales
Operations
Risk Management
Product Development
Customer Success
Data Protection
Contract Administration
Relevant Roles
Chief Technology Officer
Chief Information Officer
Legal Counsel
Procurement Manager
IT Director
Information Security Officer
Compliance Officer
Contract Manager
Software Development Manager
Operations Manager
Sales Director
Chief Financial Officer
Data Protection Officer
Risk Manager
Service Delivery Manager
Account Executive
Business Development Manager
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