software as a service Archives

Issues to consider when negotiating a SaaS (Software as a Service) agreement include:

How is the customer on-boarded/integrated? What remote or physical access to the customer’s IT systems does the supplier need?
Are there any other customer dependencies? What happens if the supplier fails to meet the installation or go-live date?
Is there a minimum term during which the customer is unable terminate? After the end of the minimum term, does the term renew for a further fixed period, or can it then be terminated at any time? Can the customer terminate during the minimum term/renewal term, but subject to an early termination payment?
Will the supplier be accessing, storing or otherwise processing any of the customer’s personal data? If so, have the parties agreed data processing terms?
What IT and other security measures will the supplier maintain in relation to the customer’s data?
What service levels apply to the services, particularly regarding availability and fault fixing times? Is the customer entitled to service credits and/or to terminate the agreement if service levels are not met?

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