SaaS Contracting Best Practices
- Unless your solution is very complex, strive for ‘click-through’ agreements to avoid costly redlining; this means providing fair and reasonable terms & conditions
- Strive for multi-year agreements
- Include automatic renewals with built-in price increases
- Provide terms for non-renewal notification length and method
- Provide adequate notice to your client that their contract is due to auto-renew
- Limit your liability
- Limit the right to terminate
- Include an arbitration clause and choose the governing law in the event of a dispute
- Make it clear who is responsible for implementation and ongoing support
- Explain your data security and privacy provisions
- Describe intellectual property ownership, data ownership, and data return procedures
- Define service level agreements
- Uptime
- Data backup and restore obligations
Two good checklists from UpCounsel and from Vendr
Contract Lifecycle Management Vendors
(*) = recommended
- Conga1
- Docusign
- Juro
- Linksquares
Footnotes
- The author/editor of this blog works for Insight Partners who has invested in Conga