A good SaaS contract should support growth, protect the value of the platform and give both sides a clear commercial position.
Our SaaS lawyers advise software businesses on customer agreements, subscription terms, licensing, service levels, data protection, intellectual property and enterprise negotiations. We help you put the right structure in place early, so contracts do not become a barrier when larger customers, investors or buyers start looking more closely.
If you need advice on a SaaS agreement or customer contract, call Asenda Law on 0333 305 8446.
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If you charge by seat, active user, API call, storage or transaction volume, the agreement should make that clear. It should also explain what happens when usage exceeds the agreed level, how additional charges are calculated and whether the customer moves onto a different pricing tier.
The same applies to renewals and price increases.
If the subscription renews automatically, the notice period and renewal term should be clear. If prices increase each year, the contract should explain how that increase is calculated.
We draft and review SaaS agreements covering:
The commercial terms should be easy for your sales team to understand and easy for your customer to follow.
Customers increasingly expect clear commitments around availability and support.
If you offer 99.9% uptime, the contract should explain how availability is measured, what sits outside the calculation and what happens if the target is missed.
Service credits also need clear limits.
You may want different response times for critical incidents, serious faults and routine support requests. Planned maintenance, third-party outages and customer-side issues should also be dealt with properly.
The aim is not to avoid making commitments. It is to make commitments that are clear, measurable and commercially sensible.
Larger customers often want to use their own contracts.
That can introduce broader liability, indemnities, audit rights, security requirements, termination provisions and service obligations that were never discussed during the sales process.
We review those terms with the commercial value of the deal in mind.
A customer may ask for uncapped liability, extensive indemnities or ownership rights over work created during the relationship. Those provisions need careful review before they become part of the deal.
We also see enterprise customers asking for commitments around ISO 27001, SOC 2, penetration testing, breach reporting and wider security controls.
The contract should reflect what your business can genuinely deliver.
We help you identify the clauses that need changing, where compromise is sensible and where the risk is out of proportion to the value of the contract.
For a SaaS business, intellectual property is often central to the value of the company.
That ownership needs to be clear.
If founders, employees, freelancers or external developers have contributed to the platform, the contracts behind that work should confirm who owns the resulting IP.
Customer contracts need the same clarity.
Terms around “deliverables”, “developed materials”, integrations and customer-specific work can sometimes give away more than intended.
We review those provisions and help make sure the business keeps control of its core software, code and wider IP.
That becomes particularly important during investment, due diligence or a future sale.
Enterprise customers will often send a data processing agreement alongside the main SaaS contract.
These agreements can include short breach notification periods, audit rights, restrictions around subprocessors, security commitments and detailed obligations around deleting or returning personal data.
Those terms need to work operationally.
Our data protection solicitors advise SaaS businesses on customer DPAs and the wider data protection position around the platform.
We focus on what the business can realistically comply with and make sure the contractual position reflects how data is actually handled.
SaaS businesses also rely on relationships with developers, resellers, referral partners, consultants and suppliers.
Those contracts can affect revenue, ownership and customer relationships.
A reseller agreement may need to cover commission, territory, renewals and ownership of the customer relationship. A development agreement should deal with IP, confidentiality, delivery and access to source code.
Our commercial contracts solicitors can advise on those agreements alongside your main SaaS terms.
Getting these relationships properly documented gives the business a stronger platform to grow from.
A SaaS agreement should cover pricing, subscriptions, usage limits, renewals, service levels, support, intellectual property, data protection, liability and termination. The agreement should reflect the way the platform is sold and how the service is delivered.
Yes. Automatic renewal is common in SaaS agreements. The contract should clearly set out the renewal period, notice requirements and what happens to pricing when the contract renews.
Yes. We review customer contracts, procurement terms, security schedules and DPAs. We can identify where the proposed terms create unnecessary risk and help negotiate changes around liability, indemnities, IP, service levels, data protection and termination.
Good legal structure should make the business easier to scale, not harder to run.
We can draft your SaaS agreement, review your existing terms or support you through an enterprise negotiation where the customer is asking for more than you are comfortable giving.
You will know where the risk sits, what needs changing and what you can confidently sign.
Call Asenda Law on 0333 305 8446 to speak to a SaaS lawyer.
Reach out to us from our contact form and we will get back to you shortly.
Thanks for your enquiry!
We're looking into it and if a response is required we'll get back to you shortly.
We've also sent you a confirmation email. Please also check your spam folder.
Something went wrong submitting your enquiry,
it’s probably just a temporary problem so you should try again in a few minutes.
If you find that the form just won’t work you could email us directly at .
Sorry for any inconvenience this has caused you.