The Master Software As A Service Agreement serves as the foundational contract between software service providers and their customers in the Philippines, establishing the legal framework for cloud-based software service delivery. This document is essential when a company provides software solutions through a subscription-based model, requiring careful consideration of Philippine regulations, particularly the Electronic Commerce Act, Data Privacy Act, and Consumer Protection laws. The agreement covers crucial aspects such as service levels, data protection, intellectual property rights, and payment terms, while ensuring compliance with local legal requirements. It's designed to protect both parties' interests while facilitating long-term business relationships in the digital service sector, making it particularly relevant for businesses operating in or expanding into the Philippine market.
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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 parties' business relationship
3. Definitions: Defined terms used throughout the agreement
4. Service Provision: Description of SaaS services, access rights, and service delivery terms
5. Service Levels: Performance standards, availability commitments, and support services
6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
8. Data Protection and Security: Data handling, privacy compliance, and security measures as per Philippine Data Privacy Act
9. Intellectual Property Rights: IP ownership, licenses, and restrictions under Philippine IP Code
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Agreement duration, renewal terms, and termination rights
12. Warranties and Disclaimers: Service warranties and limitations
13. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
14. Force Majeure: Events excusing performance obligations
15. General Provisions: Standard clauses including governing law, dispute resolution, and notices
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Disaster Recovery: Include for enterprise clients or when handling critical data
3. Insurance Requirements: Include for enterprise clients or high-value contracts
4. Change Control: Include when service modifications need formal approval process
5. Audit Rights: Include for financial sector clients or when required by regulations
6. Multi-tenant Provisions: Include when service is shared across multiple customers
7. Geographic Restrictions: Include when service availability is limited to specific regions
8. Compliance with Industry Standards: Include when specific industry certifications or standards apply
1. Schedule A - Service Description: Detailed description of SaaS services, features, and functionality
2. Schedule B - Service Level Agreement: Detailed SLA metrics, remedies, and support procedures
3. Schedule C - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing tiers
4. Schedule D - Technical Requirements: System requirements, supported browsers, and technical specifications
5. Schedule E - Data Processing Agreement: Detailed data handling procedures and privacy requirements
6. Schedule F - Support Services: Support level definitions, response times, and escalation procedures
7. Appendix 1 - Acceptable Use Policy: Detailed rules for service usage and prohibited activities
8. Appendix 2 - Security Standards: Security protocols, measures, and compliance requirements
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