This Software Subscription Agreement is designed for use in New Zealand business contexts where a software provider offers access to and use of software applications on a subscription basis. The agreement is particularly relevant in today's cloud-based software delivery model, where services are provided over the internet with ongoing support and updates. It addresses key requirements under New Zealand law, including compliance with the Privacy Act 2020, Contract and Commercial Law Act 2017, and Fair Trading Act 1986. The document includes provisions for service levels, data protection, user access rights, intellectual property protection, and support services. It is suitable for both B2B and B2C relationships, though specific terms may need modification depending on the intended use and customer type. The agreement helps establish clear expectations and responsibilities while providing necessary legal protections for both parties.
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1. Parties: Identification of the contracting parties - the software provider and the customer
2. Background: Context of the agreement and brief description of the software service being provided
3. Definitions: Defined terms used throughout the agreement
4. Subscription Service: Description of the software service, access rights, and usage terms
5. Term and Renewal: Initial term, renewal conditions, and termination rights
6. Fees and Payment: Subscription fees, payment terms, and billing procedures
7. User Access and Security: User account management, access controls, and security obligations
8. Data Protection and Privacy: Compliance with Privacy Act 2020 and data handling obligations
9. Service Levels: Service availability, performance standards, and support services
10. Intellectual Property Rights: Ownership of IP, license grants, and restrictions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Service warranties and compliance with Consumer Guarantees Act
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Termination: Termination rights, process, and consequences
15. General Provisions: Standard boilerplate clauses including governing law, disputes, and notices
1. Professional Services: Include when implementation, training, or consulting services are provided alongside the software
2. Third-Party Integrations: Include when the software integrates with third-party services or requires third-party licenses
3. Disaster Recovery: Include for critical enterprise applications requiring specific disaster recovery commitments
4. White Labeling: Include when the customer is permitted to rebrand the software
5. Data Migration: Include when provider will assist with migration of customer data
6. Compliance and Audit Rights: Include for regulated industries or when handling sensitive data
7. High Availability Requirements: Include for enterprise customers requiring specific uptime commitments
1. Service Description: Detailed description of the software functionality and features
2. Service Level Agreement: Detailed service levels, metrics, and remedies for non-compliance
3. Support Services: Support tiers, response times, and escalation procedures
4. Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Security Requirements: Detailed security standards, protocols, and compliance requirements
6. Data Processing Agreement: Detailed data handling procedures and privacy compliance measures
7. Acceptable Use Policy: Rules and restrictions for use of the software service
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Healthcare
Financial Services
Education
Retail
Manufacturing
Government
Telecommunications
Legal Services
Construction
Real Estate
Non-Profit Organizations
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Sales
Information Security
Compliance
Operations
Product Development
Risk Management
Commercial Operations
Customer Success
Data Protection
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Information Security Officer
Operations Manager
Commercial Director
Compliance Officer
Contract Manager
Product Manager
Sales Director
Account Executive
Privacy Officer
Risk Manager
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