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SaaS Agreement

Software as a service (or SaaS) is a way of delivering applications over the Internet—as a service. Instead of installing and maintaining software, you simply access it via the Internet, freeing yourself from complex software and hardware management.

Software as a Service (SaaS) Agreement is an agreement between the software company and its customer/client that grants the customer/client a license to use the software subjected to a set of conditions, which may be tweaked on a case by case basis.

Laws governing SaaS Agreenent in India

The different laws which govern various aspects of SaaS Agreenent in India are as follows:

  • Indian Contract Act, 1872,
  • Information Technology Act, 2002
  • Copyright Act, 1957
  • Patent Act, 1970
  • Trade Marks Act, 1999
  • Consumer Protection Act, 2019

Content of SaaS Agreement

  • Duration of the Agreement
  • Payment Terms
  • Definition of software
  • Scope of service
  • Inclusions and exclusions
  • Maintenance, support and upgrade
  • Ownership rights License
  • Confidentiality
  • Rights and obligations of the Parties
  • Subcontracting
  • Representation and Warranties
  • Indemnity
  • Imitation of Liability
  • Termination method
  • Governing law and dispute resolution