SaaS, IaaS, PaaS, Cloud Computing & Managed Services Agreements Lawyer

SaaS Agreements differ from traditional licensing agreements, and require careful negotiation to ensure that the best interests of all parties are attended to. That is why you need an experienced Silicon Valley SaaS Contracts Lawyer to ensure your rights are protected.

Software as a service (SaaS) products have exploded in popularity, due to their cost-effectiveness and ease of use. They harness the power of cloud computing to make software available to users on virtually any computer with an internet connection around the world. Because these applications are hosted on the cloud, there is no need to physically install and maintain the software on each computer. The nature of cloud computing technologies makes it easy for businesses to scale their software up or down as needed, while paying for the services on a monthly or yearly basis.

Whether you are looking to procure SaaS services for your business, or you are a SaaS provider entering a working relationship with a client, you need a strong SaaS agreement in place.

At SVT, we offer our service as a SaaS agreement lawyer to craft a legal contract that defines the scope of the agreement, and offers protection, clarity, and confidentiality for all parties involved.

How Do Saas Agreements Differ from Typical Software Licensing Agreements?

SaaS agreements, or cloud computing agreements as they are also known, are functionally different from standard software licensing agreements.

In a traditional software licensing agreement, a business will purchase software from the developer outright, typically for a one time fee. The software is licensed for use by that company for a set number of employees/machines, and must be physically installed on each computer. The purchasing company is also responsible to physically store the data generated by the software, as well as update and maintain the software as needed.

A SaaS software product differs in that the software service, rather than the software itself, is delivered through the cloud, via a subscription model. The purchasing company typically pays a monthly or yearly subscription fee for a set number of users, seats or other metrics like consumption of compute resources. The data generated by the SaaS product is stored, secured, and maintained in the cloud by the software service provider. All updates and maintenance are handled by the developer, and machines using the software are updated via the internet as needed. SaaS services can often be scaled up or down to meet the growth needs of the purchasing organization.

Other Technologies That Require a Cloud Computing Agreement Attorney

Cloud computing technologies are not only limited to delivering software as a service. Infrastructure as a Service (IaaS) and Platform as a Service (PaaS) are two other cloud computing technologies where it is highly recommended to use a cloud computing agreements attorney to define the parameters of a contract.

IaaS

Infrastructure as a Service (IaaS) has been a revolutionary cloud computing product for countless companies. IaaS allows companies to essentially rent computing resources, such as virtual servers, storage, and networking resources, via a subscription model. This is an extremely convenient way for companies to scale up their IT infrastructure without physically purchasing and maintaining expensive hardware.

PaaS

Platform as a Service (PaaS) builds upon the foundation of IaaS products, by providing a cloud based development environment. Using PaaS, developers can develop, deploy, and manage web based applications without the need to physically install hardware or software to build custom apps.

Key Aspects of Cloud Computing Agreements

Because of the ongoing service relationship between the purchaser and the cloud service provider, it's critical to have a cloud computing agreements attorney create a well defined contract to establish the terms and conditions of the SaaS, PaaS, or IaaS service.

Some of the most critical components of a cloud computing agreement are:

Subscription Plan Terms

A SaaS, IaaS, or PaaS agreement must explicitly define what services, features, or tiers of service are included in the subscription.

Payment and Renewal Terms

The agreement must specify the subscription fee, and whether the fee is to be paid monthly, quarterly, or annually. There are also many choices to make regarding if/how the term renews.

Purchasing Metric

Often the number of users, or seats, available for use in the software will be the purchasing metric, i.e., how you measure the pricing for the service. This must be explicitly defined. Many SaaS providers offer the ability to scale up and add seats to the software as they continue to grow, but these terms must be defined in the cloud computing agreement. There are many other possible purchasing metrics to consider and we can guide you to select the best one for your particular service.

Service Level Agreement (SLA)

A SaaS, IaaS, or PaaS agreement should specify the minimum performance requirements for the service to meet the client's needs, including, but not limited to, the availability of the service.

Data Security

Data storage and security is handled by the cloud computing service provider. The responsibilities revolving around security and encryption must be explicitly defined in the agreement.

Intellectual Property and Data Ownership

A SaaS agreement attorney should clearly outline who owns the software code, and who owns the data. Typically, the SaaS vendor retains all IP rights, while the customer is granted a license to use the service, but retains ownership of the data. However it is crucial that these details be covered in the agreement and there are many subtleties to consider.

Termination Clauses

In most cloud computing agreements, attorneys will specify the grounds and process for terminating the service on behalf of either party. Reasons for termination can include non-payment of the associated fees, breach of contract, or simply the client deciding no longer to use the services.

Why Choose SVT as Your Cloud Computing Agreements Attorney?

For over 15 years, SVT has provided essential support to tech companies in the San Francisco Bay Area and beyond with high quality legal solutions for SaaS, IaaS, and PaaS agreements. We have a deep understanding of complex software licensing and agreement arrangements from working in-house for a variety of technology organizations. That experience leaves us well prepared to craft cloud computing agreements that allow both vendors and clients to enter into mutually beneficial relationships that protect the interests of both parties.

At SVT, we deliver tailor made solutions to our customers that include:

Personalized Solutions

SVT takes pride in getting to know the unique circumstances and business goals of each client we take on. Just as no two clients are alike, no two SaaS agreements will be the same. We will work with you to ensure your interests are accounted for when entering into an agreement.

Comprehensive Guidance

As a San Francisco based SaaS contracts lawyer, SVT knows how complex these agreements can become. We make sure that our agreements cover all critical aspects of SaaS services, including contract terms, privacy and data security, indemnification and IP protection.

Strategic Advice

We offer strategic advice to our clients on implementing SaaS agreements, in an easy to understand way. Whether you have specific requirements for data security, IP protection, or other negotiable factors like indemnification, SVT will harness our experience to deliver solutions that exceed your expectations.

Looking for a SaaS Agreement Lawyer Near You? Contact SVT Today

Before entering into an agreement, it's vital to have a cloud computing agreement attorney create a comprehensive contract that explicitly defines the parameters for both parties to meet their needs. Whether you are procuring SaaS, IaaS, or PaaS services from a vendor, or providing them to your clients, you can rest assured that your interests will be protected, with SVT as your San Francisco based cloud computing SaaS attorney.

Contact SVT today for a FREE consultation.