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Master Software As A Service Agreement

Master Software As A Service Agreement Template for South Africa

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Key Requirements PROMPT example:

Master Software As A Service Agreement

"I need a Master Software As A Service Agreement for a fintech company providing payment processing software to banks in South Africa, with special attention to financial services regulations and data protection requirements."

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Document background
The Master Software As A Service Agreement is designed for use when establishing a long-term relationship between a software service provider and a customer organization under South African law. This agreement is particularly relevant when implementing cloud-based software solutions that involve ongoing service delivery, regular payments, and data processing activities. It addresses critical aspects required by South African legislation, including POPIA compliance for data protection, ECTA requirements for electronic transactions, and relevant consumer protection provisions. The document serves as a master agreement that can be supplemented with specific service orders or statements of work, providing a flexible framework for managing the service relationship while ensuring comprehensive legal protection for all parties involved.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and registration details

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Service Provision: Description of SaaS services, service levels, and service delivery obligations

5. Access and Usage Rights: Terms governing access to and use of the software service

6. Payment Terms: Fees, payment schedule, and billing procedures

7. Data Protection and Security: POPIA compliance, data processing terms, and security requirements

8. Intellectual Property Rights: IP ownership, licenses, and restrictions

9. Confidentiality: Protection of confidential information and trade secrets

10. Service Levels and Support: Service level commitments and technical support provisions

11. Term and Termination: Duration, renewal, and termination provisions

12. Warranties and Disclaimers: Warranties, representations, and limitations

13. Limitation of Liability: Liability caps and exclusions

14. Dispute Resolution: Procedures for handling disputes and applicable law

15. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

Optional Sections

1. Professional Services: Additional implementation or consulting services, included if provider offers professional services beyond the SaaS

2. Disaster Recovery: Detailed disaster recovery and business continuity provisions, recommended for critical services

3. Change Control: Procedures for managing changes to services or terms, useful for complex implementations

4. Audit Rights: Customer rights to audit provider's security and compliance, important for regulated industries

5. Competition Restrictions: Non-compete and exclusivity provisions, included if required by business model

6. Insurance Requirements: Specific insurance obligations, important for high-value or high-risk services

7. Export Control: Export compliance terms, needed if services cross international borders

8. Source Code Escrow: Source code escrow arrangements, relevant for business-critical applications

Suggested Schedules

1. Service Description: Detailed description of SaaS services and functionalities

2. Service Level Agreement: Detailed service levels, metrics, and remedies

3. Pricing Schedule: Detailed pricing, payment terms, and fee calculations

4. Technical Requirements: Technical specifications and requirements for service access

5. Support Services: Details of support levels, procedures, and response times

6. Data Processing Agreement: Detailed POPIA compliance terms and data processing obligations

7. Security Requirements: Detailed security standards and procedures

8. Acceptable Use Policy: Rules and restrictions for service usage

9. Business Continuity Plan: Disaster recovery and business continuity procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





































Clauses
































Relevant Industries

Information Technology

Financial Services

Healthcare

Retail

Manufacturing

Professional Services

Education

Telecommunications

Government

Insurance

E-commerce

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Finance

Risk Management

Vendor Management

Operations

Technical Operations

Software Development

Business Development

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

Procurement Manager

IT Director

Compliance Officer

Data Protection Officer

Contract Manager

Information Security Manager

Technical Operations Manager

Software Development Manager

Chief Financial Officer

Risk Manager

Vendor Management Officer

Business Development Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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