This SaaS Master Service Agreement is designed for use in the Indian jurisdiction when establishing a long-term relationship between a SaaS provider and a customer for the provision of cloud-based software services. It serves as the primary contract governing the delivery, access, and use of software services, incorporating essential elements required under Indian law, particularly the Information Technology Act, 2000 and associated regulations. The agreement covers crucial aspects such as service levels, data protection, security measures, intellectual property rights, and compliance requirements specific to India. It is particularly relevant for organizations seeking to formalize their SaaS arrangements while ensuring compliance with Indian legal requirements and protecting both parties' interests in the digital service delivery context.
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1. Parties: Identification of the contracting parties including registered addresses and company details
2. Background: Context of the agreement and brief description of the services
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Service Provision: Core obligations regarding the provision of the SaaS services
5. Service Levels and Support: Service level commitments and support obligations
6. Customer Obligations: Customer responsibilities and acceptable use requirements
7. Charges and Payment: Pricing, payment terms, and billing procedures
8. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with Indian data protection laws
9. Intellectual Property Rights: IP ownership, licenses, and restrictions
10. Confidentiality: Protection of confidential information
11. Warranties and Representations: Standard warranties and representations from both parties
12. Limitation of Liability: Liability caps and exclusions
13. Term and Termination: Agreement duration, renewal, and termination rights
14. Force Majeure: Provisions for unforeseen circumstances
15. General Provisions: Standard boilerplate clauses including notices, governing law, dispute resolution
1. Professional Services: Include when additional implementation, configuration, or consulting services are required
2. Disaster Recovery: Include for critical systems or when handling sensitive data
3. Audit Rights: Include when customer requires rights to audit service provider's security or compliance
4. Insurance: Include when specific insurance coverage requirements exist
5. Change Control: Include for complex implementations requiring formal change management
6. Anti-Bribery and Corruption: Include for high-value contracts or when dealing with government entities
7. Data Migration: Include when significant data migration services are required
8. Source Code Escrow: Include when customer requires source code protection
1. Service Description: Detailed description of the SaaS services and functionality
2. Service Level Agreement: Detailed SLA metrics, measurements, and remedies
3. Pricing and Payment Schedule: Detailed pricing, payment terms, and billing procedures
4. Technical Support Services: Support levels, response times, and escalation procedures
5. Data Processing Agreement: Detailed data processing terms compliant with Indian law
6. Security Requirements: Detailed security standards and requirements
7. Acceptable Use Policy: Rules and restrictions for use of the service
8. Business Continuity Plan: Disaster recovery and business continuity procedures
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