The VSA is a super new group called the Vendor Security Alliance. As soon as I read this article about it Link, I realized it was a great idea for all Software as a Service (SaaS companies) and will help get cloud service contracts signed. And hey, as attorneys that
We represent lots, literally 100s and 100s, of SaaS companies and there are a few nuggets of useful information that we want to share with other SaaS companies when they think about negotiating an enterprise SaaS agreement. Ok, here goes. Setting the Right Expectations. I find that setting the right
I have always thought that disclaimers were good things to add to SaaS agreements, but this very recent case demonstrates that they really can make a difference in a legal dispute. By the way, a disclaimer is a statement regarding things you are not liable for. Example, if you provide
Software developers are really smart (I know, as I work with lots of them on their software development agreements, etc.), but there is one blind spot that I see way too often: they trust their customers too much, and then they take things into their own hands when they don’t
A while back I wrote a blog post about Trust Sites, and why, if you are a SaaS company, you should have one (outside of your SaaS agreement). Well, since them a lot has happened so I wanted to provide you with an update. What is New 1). Salesforce.com
I have found that FAQs are not used enough by SaaS companies as part of their selling and SaaS contract negotiation process. Here is the frame of reference, at least from my perspective: you are selling something that is intangible (aka cannot touch or feel) and your customer does not
What to Know About the ‘Combination Exception’ to Infringement Indemnities. As a software licensing attorney I run into the issue of infringement indemnities all the time. These risk shifting contractual clauses can be very confusing for clients, so I thought I would explain (with a real live case and a
SaaS Indemnity – What Types of Insurance should a SaaS Company Purchase? Every SaaS company should have insurance , as any typical business should and would. However, there are a few significant differences that every SaaS company should be aware of (by the way, insurance is a form of indemnity
Yea I know the $ and the functionality of the SaaS offering are important in any SaaS contract negotiations, but there is a lot more going in the mind of your buyers. I think the best metaphor for this, is from the book “Switch. How to Change Things, When Things
The Difference Between Acceptance and Completion Criteria in a SOW (View of a SaaS Attorney) As a SaaS attorney, I have been running into this issue a lot recently, so I thought it warranted a blog post. What is the difference between acceptance criteria and completion criteria in a SOW,
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