SaaS terms and conditions (basic)

What are SaaS terms and conditions (basic) and when should you use them?

This is a short-form software-as-a-service (SaaS) terms and conditions template, with accompanying support services provisions.

The document sets out the basis upon which a customer may use a hosted software system.

Rights of usage are expressed both positively, stating what the customer is permitted to do, and negatively, with a list of limitations and prohibitions.

Usage may optionally be governed by a distinct acceptable use policy (set out as a schedule to this document).

The support provisions in the T&Cs are comparatively short and simple: unlike in the standard and premium versions of this document, there are no service level commitments / agreements setting out the details of exactly how support will be provided.

Standard confidentiality clauses are included.

This document also includes provisions designed to help both parties to comply with the General Data Protection Regulation (GDPR).

The document has been designed for B2B (rather than B2C) SaaS arrangements.

What else might you need?

The content of these T&Cs is almost identical to that of our SaaS agreement.

However, they differ significantly inform.

One fundamental benefit of the SaaS model is standardisation.

If a software vendor provides only one version of the software to all its customers, both support and maintenance become less burdensome.

Standardisation can however be undermined by individually-negotiated contracts.

This T&Cs templates can be used for either online or offline contracting, and in either case does not represent the “invitation to negotiate” that the SaaS agreement does.

There are three different variants on the template.

The basic template includes all the core provisions that you would expect to find in any SaaS document, but little else.

In addition to the provisions of the basic template, the standard SaaS T&Cs cover:

1. set-up services;
2. availability, support services and maintenance services (more detail);
3. customer assistance;
4. data protection issues (more detail); and
5. indemnities.

In addition to the provision of the standard template, the premium SaaS T&Cs cover:

1. acceptance testing;
2. change control;
3. customisations;
4. expenses and timesheets;
5. the service provider’s confidential information;
6. party representatives;
7. project management; and
8. staff poaching.

All versions of the document also includes a skeleton services order form.

This highlights the information that will vary from contract to contract (e.g. customer details).

The variable information needs to be set out in a document agreed between the parties.

That could for example be a signed statement of services.

Alternatively, it could be a web page generated using information gathered from an online form.

This template is commonly used in conjunction with our privacy and cookies policy template and our website disclaimer template.