In this episode, Libby Conole, a Senior Associate in MinterEllisonRuddWatts’ Technology team, talks to Rosie Park, a Senior Solicitor, about SaaS contracting from a customer perspective.
Libby and Rosie consider the situation from the perspective of a customer who has been given the supplier’s standard terms:
- What are the key points to consider?
- What are the particular pinch points to watch out for?
- What are the real risks?
[1:20] Libby and Rosie lay out a scenario where a business unit has signed off on a SaaS product and now want a lawyer to sign off on the contract. They give a brief overview of what a SaaS product is, and how it differs from physical software.
[3:10] They discuss why SaaS products are usually contracted for on standard terms, talking about the bargaining powers of the parties and what the real risks might be in accepting those terms.
[7:15] They then discuss the key issues that the customer should be concerned about, or understand the impact of if the terms can’t be negotiated, including service levels, documentation [10:02], warranties [11:05], intellectual property indemnities [12:50], data, including loss of data and what happens on termination [15:25], and compliance with law [17:11].
Information in this episode is accurate as at the date of recording, 06 November 2023.
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