This Software as a Service Agreement is designed for use in the Nigerian market when a service provider offers software applications accessible via the internet on a subscription basis. The document is essential for companies providing or purchasing cloud-based software solutions, ensuring compliance with Nigerian regulations including the Nigeria Data Protection Regulation (NDPR) and the Cybercrimes Act. It comprehensively covers service delivery, data protection, security measures, service levels, and payment terms while addressing specific Nigerian legal requirements. The agreement is particularly relevant for businesses undergoing digital transformation or technology companies expanding their operations in Nigeria. It includes provisions for data localization, regulatory compliance, and specific Nigerian business practices while maintaining international standards for SaaS delivery.
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1. Parties: Identification of the service provider and customer, including their registered addresses and company details
2. Background: Context of the agreement and brief description of the service being provided
3. Definitions: Detailed definitions of technical terms, capitalized terms, and key concepts used throughout the agreement
4. Service Provision: Detailed description of the SaaS services, access rights, and service delivery methods
5. Service Levels: Performance standards, availability commitments, and response times
6. Fees and Payment: Pricing structure, payment terms, invoicing procedures, and late payment consequences
7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
8. Data Protection and Security: Compliance with NDPR, data handling procedures, security measures, and breach notification protocols
9. Intellectual Property Rights: Ownership of IP, license grants, and restrictions on use
10. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms
11. Term and Termination: Duration of agreement, renewal terms, termination rights, and consequences of termination
12. Limitation of Liability: Liability caps, exclusions, and indemnification provisions
13. Force Majeure: Events excusing performance and procedures for handling force majeure situations
14. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement
1. Professional Services: Additional implementation, customization, or consulting services if offered beyond standard SaaS
2. Service Credits: Compensation mechanism for service level failures, include if offering specific SLA commitments
3. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise-level services
4. Audit Rights: Customer's rights to audit provider's security and compliance, important for regulated industries
5. Change Control: Procedures for implementing changes to services or terms, useful for complex or long-term arrangements
6. Sub-processors: Terms regarding the use and management of sub-processors, important when multiple data processors are involved
7. Export Control: Compliance with export control laws, necessary for international service provision
8. Insurance: Specific insurance requirements and coverage levels, important for high-value or high-risk services
1. Service Description Schedule: Detailed technical specifications of the SaaS service, including features and functionality
2. Service Level Agreement: Detailed performance metrics, measurement methods, and service credit calculations
3. Pricing Schedule: Detailed fee structure, including subscription tiers, usage-based pricing, and additional services
4. Data Processing Agreement: Detailed terms for personal data processing in compliance with NDPR requirements
5. Security Schedule: Detailed security measures, protocols, and compliance requirements
6. Support Services Schedule: Support level descriptions, response times, and escalation procedures
7. Acceptable Use Policy: Detailed rules and restrictions for use of the service
8. Technical Requirements: Minimum technical specifications and requirements for accessing the service
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