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Master Software As A Service Agreement Template for Australia

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Key Requirements PROMPT example:

Master Software As A Service Agreement

"I need a Master Software As A Service Agreement for my healthcare technology company based in Sydney, providing patient management software to medical practices across Australia, with specific focus on data privacy, GDPR compliance for international customers, and strict uptime requirements of 99.9%."

Document background
This Master Software As A Service Agreement serves as the primary contractual framework for organizations providing or procuring cloud-based software services in Australia. It is designed to establish a comprehensive governance structure under which specific software services can be ordered and delivered through separate order forms or statements of work. The agreement addresses critical aspects of SaaS relationships including service delivery, performance standards, data protection, and compliance with Australian legislation such as the Privacy Act 1988 (Cth) and the Competition and Consumer Act 2010. This master agreement format allows for efficient scaling of the business relationship while maintaining consistent legal and operational standards across multiple services or business units.
Suggested Sections

1. Parties: Identification of contracting parties including registered details and notice addresses

2. Background: Context of the agreement and brief description of the SaaS service being provided

3. Definitions and Interpretation: Defined terms, rules of interpretation, and hierarchy of documents

4. Service Provision: Core obligations regarding the provision of the SaaS service, including service levels and support

5. Access and Availability: Terms governing access to the service, user accounts, and system availability commitments

6. Customer Obligations: Customer responsibilities, acceptable use policy, and cooperation requirements

7. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and data security measures

8. Intellectual Property: IP ownership, licenses, and restrictions on use of the service and related materials

9. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

10. Warranties and Service Levels: Service performance warranties, quality standards, and remedies for breach

11. Liability and Indemnities: Limitation of liability, exclusions, and mutual indemnities

12. Term and Termination: Contract duration, renewal terms, termination rights, and consequences of termination

13. Confidentiality: Protection of confidential information and trade secrets

14. Force Majeure: Events excusing performance and related procedures

15. General Provisions: Standard legal terms including governing law, dispute resolution, and assignment

Optional Sections

1. Professional Services: Additional terms for implementation, training, or consulting services if offered

2. Hardware Requirements: Specific hardware or infrastructure requirements if needed for service delivery

3. Disaster Recovery: Detailed disaster recovery and business continuity provisions if required by customer

4. Security Requirements: Additional security measures and compliance requirements for high-security environments

5. Insurance: Specific insurance requirements beyond standard coverage

6. Third-Party Integrations: Terms governing integration with third-party services or applications

7. Export Control: Compliance with export control laws if service involves international data transfer

8. Government Terms: Additional terms required for government customers

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of the SaaS service, features, and functionality

2. Schedule 2 - Service Levels: Detailed service level agreements, metrics, and remedies

3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures

4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

5. Schedule 5 - Data Processing Agreement: Detailed data handling procedures and privacy compliance measures

6. Schedule 6 - Security Requirements: Technical and organizational security measures

7. Schedule 7 - Implementation Plan: Timeline and milestones for service implementation if applicable

8. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for use of the service

9. Appendix B - Technical Requirements: Customer technical requirements for accessing and using the service

Authors

Alex Denne

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

Relevant legal definitions








































Clauses








































Relevant Industries

Technology

Healthcare

Financial Services

Education

Government

Retail

Manufacturing

Professional Services

Telecommunications

Media and Entertainment

Energy and Utilities

Transportation and Logistics

Non-Profit

Construction

Real Estate

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk and Compliance

Finance

Operations

Sales

Product Development

Technical Operations

Vendor Management

Data Protection

Commercial

Strategy

Enterprise Architecture

Relevant Roles

Chief Technology Officer

Chief Information Officer

Head of Legal

Commercial Director

Procurement Manager

IT Director

Legal Counsel

Contract Manager

Information Security Manager

Privacy Officer

Risk Manager

Operations Director

Software Development Manager

Cloud Services Manager

Vendor Management Lead

Chief Financial Officer

Sales Director

Account Executive

Solution Architect

Technical Operations 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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