SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement (the "Agreement") is made on [date] between [Provider legal name], with address at [address] (the "Provider"), and [Customer legal name], with address at [address] (the "Customer").
1. Service
The Provider will make [name of the service] (the "Service") available to the Customer over the internet during the Term. The Service includes the features described in [order form or plan name].
2. Access and users
The Customer may allow up to [number] named users to access the Service. Each user keeps their login private. The Customer is responsible for what its users do in the Service.
3. Restrictions
The Customer will not copy, resell, reverse engineer or rent the Service. It will not use the Service to break any law or to send unsolicited messages.
4. Fees and payment
The Customer will pay [amount] per [month or year], in advance, by [payment method]. Invoices are due within [number] days. The Provider may change the fees at renewal with [number] days of written notice.
5. Service levels
The Provider will keep the Service available [percentage] of each calendar month, excluding scheduled maintenance announced in advance. If it misses that level, the Customer receives a credit of [percentage] of that month's fee.
6. Support
The Provider will answer support requests sent to [support email] within [number] business hours, during [support hours and time zone].
7. Customer data
The Customer owns all data it enters in the Service. The Provider will use that data only to provide the Service. It will protect it with reasonable security measures and will notify the Customer of any security breach within [number] hours of learning of it.
8. Data export
During the Term and for [number] days after it ends, the Customer may export its data in [format]. After that period the Provider may delete it.
9. Intellectual property
The Provider keeps all rights in the Service, its software and its documentation. This Agreement grants the Customer only the right to use the Service during the Term.
10. Warranties
The Provider warrants that the Service will perform materially as described in its documentation. Apart from that, the Service is provided "as is".
11. Limitation of liability
Neither party is liable for indirect or consequential damages. Each party's total liability is limited to the fees paid in the [number] months before the claim.
12. Term and renewal
This Agreement starts on [start date] and lasts [initial term]. It renews for periods of [renewal term] unless a party gives [number] days of written notice before renewal.
13. Termination
Either party may end this Agreement if the other materially breaches it and does not cure the breach within [number] days of written notice.
14. Governing law
This Agreement is governed by the laws of [state].
15. Electronic signature
The parties agree to sign this Agreement electronically. An electronic signature has the same effect as a handwritten one.
Provider Name and title: ______________ Date: ______________ | Customer Name and title: ______________ Date: ______________ |