Protect and maximise the cost-benefits of SaaS agreements
Our team of IT and commercial technology solicitors can support you with:
- Advice on the protection your business requires in relation to SaaS services.
- Consideration of the jurisdiction and governing law clauses where there is a cross-border relationship between your business and the provider.
- Data protection concerns and queries.
- Discussion of the options available to your business to determine whether a SaaS package is the optimum arrangement for your needs.
- Due diligence in connection with the SaaS provider and the services offered.
- Fee structure in respect of the SaaS services.
- Intellectual property issues that may arise in respect of the services provided.
- Licensing requirements, including software licences and content licences.
- Market practice to enable you to determine your negotiating position.
- Negotiation of the terms of the SaaS agreement to provide you with the necessary protections.
- Reducing the risks associated with SaaS arrangements, including data loss, data protection breaches, increased fees, and liability issues.
- Review of SaaS agreements and related documentation ensuring that you are fully aware of the terms and their effects.
- Risk analysis allowing you to make reasoned decisions about the issues which matter to your business.
- Security issues whether these relate to IT security, physical security, data security or the provider’s personnel.
- Technical and practical tips to ensure that your business enters into the most beneficial and reliable SaaS agreement.
- Tender processes reviewing the terms of each SaaS provider.
- Terminating a SaaS agreement.
What our clients say
We pride ourselves on delivering an excellent service for clients, but don’t just take our word for it.
Quick, concise and best of all reasonably priced
When I heard about Harper James’s Enterprise subscription service, it struck me as being a disruptive model and I was really impressed. One of the main things about Harper James is that I actually use their services without hesitation. We’ve experienced high levels of professionalism with Harper James, and all for a reasonable cost.
As with any business, we need access to good quality legal advice without the fear of facing huge legal fees. The service provided by Harper James is ideal because they are always available to assist and we know that the advice provided is of outstanding quality, with pricing that is cost effective and completely transparent.
As a young company, getting the right advice regarding staff, contracts, policies and procedures can be crucial. Harper James delivers this for us with professional, expert lawyers across all our desired areas, who are always able to provide all the support we need and more. This has enabled us to concentrate more on growing and developing our business.
Our scale of growth would not have happened without the support of Harper James.
We often need legal advice quickly, especially during sales with new customers, and Rob is very responsive and always available for meetings. When I was looking for a law firm, I wanted that full range of services, as I knew we’d need advice outside of the tech remit. The flexibility has been really positive.
Harper James solicitors don’t speak in the legalese which I have heard too many times from other solicitors and which is totally unhelpful. What I’m after is focused, considered advice about the specific situations that I face. By which I mean, do you think this is a good idea? Their response might be ‘Yes’ or ‘No’. One word is often all I’m looking for! My solicitor gives a view and I really value that.
Essential elements of a SaaS agreement to consider:
With excellent cost-benefit potential, SaaS agreements can help to streamline your standard business processes without the complexities of entering into individual software agreements. Using standard software and the software provider’s own terms and conditions can incur risk and potentially off-set the benefits. So, we’ll help you answer the following questions ahead of signing on the dotted line so that you can get what you really need from the contract.
- What are the main contractual concerns for your business?
- What does the fee cover, for example, are there limits on user numbers or storage capability? Will the provider assist with configuration and ongoing support, and will the price increase in the future?
- How will business critical systems be protected?
- How can the SaaS contract be terminated? What are the transition arrangements following termination?
- What are the agreed service levels?
- What remedies are there if there is a service failure or the service levels are not met?
- Are appropriate IP indemnities in place?
- What data protection processes does the provider have in place?
- What are the risks of data loss? Does the provider have appropriate recovery or back-up plans in place?
- Can the provider use your data for certain purposes?
- Is the provider able to delete your data for any reason? What protections are in place to prevent this or to notify you?
- Where is the provider based? Are there governing law and jurisdiction issues under the contract?
- Are the arrangements compliant with legislation, both domestic and overseas?
- Has the provider limited its liability in any way?
Benefits of a carefully reviewed SaaS agreement
Protection for your business processes and data
Investing in legal advice at the start of the process will provide protection for your data and your business and reduce the possibility of time-consuming and costly disputes in the future. It’s easier to negotiate additional protections at the start of a relationship rather than later on, when the documentation has already been signed.
Good customer-provider relationship
Undertaking careful review and consideration of the various SaaS providers available and their terms will ensure that you enter into a relationship with a SaaS provider that is right for your business.
Streamlined and consistent approach to your business processes
Generic business processes, such as payroll, HR, and accounting, can be provided with tried and tested software resulting in reliability and consistency.
Save time and money
Using software pursuant to a SaaS arrangement can be much cheaper than other options and once the arrangements have been agreed, the systems can be put in place quickly and easily.
Who we help: National businesses across numerous sectors
We support a wide range of UK-based clients, from start-ups, through to SMEs and large multi-nationals across many sectors. We have many IT and e-commerce sector clients and so fully understand the nature of IT businesses, enabling us to offer you pragmatic and sector-specific advice on your IT contracts.
Examples of our work
Helping scale-up Qudini cast its spell on the in-store customer experience
23 July 2020
As the story goes, the retail tech scale-up Qudini was born following an O2-sponsored hackathon in 2012 and it’s reached for the stars ever since. …
Why choose Harper James Solicitors?
We can support you with all of your SaaS arrangements from choosing the best provider for your needs and negotiation of the material terms and protections through to termination of the relationship. Our specialist IT and commercial technology solicitors can guide you through this complex area, ensuring that your business and data are adequately protected. Our IT and commercial technology solicitors are all specialists within the industry, as well as having expertise in other commercial areas, ensuring that a seamless service is provided, regardless of your sector and business.
We’ll also look beyond your initial requirements on negotiating a SaaS contract. In fact, the team at Harper James can provide your business with all the legal support you may need to progress, from drafting vital commercial contracts, to providing GDPR training for your data protection officer, advising you on the right employee incentive plans for your team, and much more. We take a wider view of your business to make sure you have the legal support in place to succeed, whatever the sector, and whatever level of assistance you may need.
Get to know the team in more detail:
IP & Commercial Technology Partner
Before joining us Rob worked for Santander bank as an IP/brand management lawyer and also at Shakespeare Martineau.View profile
Data protection and privacy solicitor
With a wealth of expertise in privacy, data protection, GDPR and cyber-security law, Clive’s distinguished legal career spans three decades in private practice and the public sector.View profile
As a previous partner at DLA Piper, Sarah comes with a rich pedigree in providing expert commercial services for her clients.View profile
IP, Commercial & Technology Associate Solicitor
Ed joins our commercial team and specialises in IT, IP and general technology related contracts, but can also advise on a range of commercial matters.View profile
IT & Commercial Solicitor
With over 15 years of in-house experience in the IT sector, Rob specialises in drafting and negotiating all manner of commercial agreements.View profile
Our three transparent pricing packages are designed to give you the widest possible access to high-quality legal advice, whatever the size and nature of your business:
Straightforward access to senior solicitors at a competitive rate.
An affordable solution for businesses needing one-off legal support. Receive ‘City’ partner-level expertise at a fraction of ‘City’ prices.
Have legal peace of mind for £189 per month with additional support from £99 per hour.
A monthly subscription legal support package specifically designed for start-ups and smaller businesses.
For businesses requiring 60+ hours of support a year, with prices equivalent to £99 per hour.
Fully account managed quarterly subscription service for businesses with more complex legal needs.