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Master Subscription Agreement
"I need a Master Subscription Agreement under South African law for a SaaS company providing cloud-based accounting software to enterprise clients, with strong data protection provisions and service level commitments."
1. Parties: Identification of the contracting parties, including registered addresses and company details
2. Background: Context of the agreement and brief description of the subscription services being offered
3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules for the agreement
4. Subscription Services: Detailed description of services, access rights, and usage terms
5. Term and Renewal: Initial term, renewal conditions, and termination rights
6. Payment Terms: Fees, payment schedule, invoicing, and price adjustment mechanisms
7. Service Levels: Performance standards, availability commitments, and support services
8. Data Protection and Privacy: POPIA compliance measures, data processing terms, and privacy obligations
9. Intellectual Property Rights: IP ownership, licensing terms, and usage restrictions
10. Confidentiality: Protection of confidential information and trade secrets
11. Warranties and Disclaimers: Service warranties, disclaimers, and quality commitments
12. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
13. Termination: Termination rights, consequences, and post-termination obligations
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Professional Services: Additional implementation, training, or consulting services if offered
2. Security Requirements: Specific security protocols and compliance requirements for sensitive data
3. Disaster Recovery: Business continuity and disaster recovery procedures for critical services
4. Change Management: Procedures for implementing changes to services or terms
5. Audit Rights: Customer audit rights for compliance and security verification
6. Export Control: Export control compliance for international service delivery
7. Insurance: Specific insurance requirements beyond standard coverage
8. Source Code Escrow: Source code escrow arrangements for critical software
9. Anti-Corruption: Specific anti-corruption and compliance provisions for regulated industries
1. Service Description Schedule: Detailed technical specifications and service descriptions
2. Service Level Agreement: Detailed service levels, metrics, and remedies
3. Pricing Schedule: Detailed pricing, payment terms, and calculation methodologies
4. Data Processing Agreement: Detailed POPIA compliance terms and data processing obligations
5. Security Requirements: Detailed security standards and compliance requirements
6. Support Services: Support level definitions and response time commitments
7. Acceptable Use Policy: Terms governing acceptable use of the subscription services
8. Implementation Plan: Timeline and milestones for service implementation
9. Form of Change Order: Template for documenting changes to services or terms
Authors
Information Technology
Software and SaaS
Telecommunications
Professional Services
Financial Services
Healthcare
Education
Media and Entertainment
E-commerce
Cloud Services
Consulting Services
Digital Services
Manufacturing
Retail
Legal
Commercial
Sales
Procurement
Compliance
Information Technology
Finance
Business Development
Operations
Product Management
Risk Management
Customer Success
Service Delivery
Legal Counsel
Contract Manager
Commercial Director
Chief Legal Officer
Chief Technology Officer
Sales Director
Account Executive
Procurement Manager
Compliance Officer
Risk Manager
Information Officer
Chief Financial Officer
Business Development Manager
Operations Director
Product Manager
Service Delivery Manager
Chief Executive Officer
Chief Operations Officer
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