What the Heck Am I Paying For?

The subject matter of a #SaaS #contract is the software-as-a-service that the supplier is providing the customer in exchange for the subscription fees. It only makes sense that one of the key provisions sets out the services being provided by the supplier.

Yet, in too many SaaS contracts the reference to services is limited to just the software, without mention of any ancillary services that go into the provision of the subscription. In more than a couple of instances, I’ve seen contracts that make no reference to services being provided, but instead jump straight to the customer’s obligations and restrictions.

Using the MSA-Order Form model, the MSA usually has reference to the services in the first set of provisions after the recitals. For a complete reference to the services, make sure the following elements are included in services:
1. Software applications that are ordered through various order forms
2. Any professional services provided, either ancillary to the software, or through separate statements of work (if not under separate professional services)
3. Support and maintenance services including hosting
4. Any ancillary services like disaster recovery, business continuity, transition services as may be applicable.

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