Saas Lawyer
SaaS Lawyer Andrew S. Bosin can be reached for a free
consultation at 201-446-9643.
The use of Software as a Service (SaaS) products, services
and applications has skyrocketed in the last few years making it even more important
to avail yourself of the best SaaS legal services.
SaaS is a web based delivery and licensing model in which
SaaS software is accessed via a subscription through the internet. The SaaS
vendor through a cloud managed services provider serves, hosts and maintains
the SaaS product. This is why you need to hire an experienced SaaS Lawyer to
draft contracts and explain SaaS law to you.
This SaaS model is different from traditional on premises
software in which the customer purchases software from a company and installs
it themselves on their own computer. Examples of SaaS products and applications
include Google, Shopify, Salesforce, Slack, HubSpot, Zoom and ServiceNow.
With SaaS, instead of installing software themselves,
companies are choosing to use SaaS applications and services because they are
convenient to use. Any business that has an internet connection can take
advantage of the convenience of web-based software. if you are a customer its a
good idea to have a SaaS attorney review or negotiate the SaaS contract.
Also, many SaaS applications are created to work with other
software that is not part of the SaaS offering, a company might develop custom
tools for its employees or customers and integrate those tools with the SaaS
application. Or, the company might use an API from another vendor to integrate
its self-created solutions with the SaaS offering.
WHAT ARE THE KEY TERMS IN SAAS
CONTRACTS?
Each SaaS vendor usually has a standard, typical customer
contract that governs the details of their services. While customers who are individuals may have
less leverage to change contract terms, businesses working with SaaS companies
often review and negotiate the terms of the agreement as needed. An experienced
SaaS Contracts Attorney will know what terms should be in the agreement to
protect customers.
PERFORMANCE AND SERVICE AVAILABILITY
It is essential for the agreement to set forth the service
vendor’s obligations regarding performance and service availability. Typically, there are “service level
requirements” which the vendor must meet.
For customers, there are some key terms related to performance and
service availability that should be negotiated, including:
· a higher percentage uptime requirement (the percentage of
time over each day, month or year which the vendor guarantees the service will
be up and running, often between 99.5% and 99.9%). This offered in what as
known as the Service Level Agreement (SLA).
· shorter measurement period for calculating the
availability percentage
· limitations on scheduled downtime for maintenance
· requirements for response and resolution time to fix a
reported problem
· hours during which support is available and requirements
for online and email support during non-business hours
· credits to the customer for failure to meet response time
and resolution time requirements.
SaaS vendors usually prefer lower uptime percentage
requirements, longer measurement periods, and exclusions from calculation of
service availability for scheduled downtime or maintenance.
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