Struggling with SaaS Vendor Contracts? See our list with the 17 Most Common Documents

There are many different types of contracts and documents commonly used in SaaS business arrangements. In this post, we will provide you with a comprehensive list of top-tier Software as a Service (SaaS) and related contract and document resources.

To start with, what do these terms mean?

“SaaS contracts and documents” refers to the legal agreements and documentation involved in Software as a Service (SaaS) products and services. These documents outline the terms and conditions of service provision, usage rights, data protection, liability, payment terms, and other crucial aspects of the SaaS relationship between the service provider (vendor) and the customer. 

“SaaS is a subscription-based software that works through the cloud, meaning you do not need to install or maintain it on your computer. You do not need to install or maintain software; you only need Internet access to use SaaS products. Examples: Google, Microsoft 365, Salesforce, Adobe, Zoom etc.

When using SaaS, there is a need to have a binding legal contract which sets out the terms and conditions of the software subscription and regulates the relations between a software provider/vendor and a customer who is subscribing to use the Software online. In practice, you can see different names of SaaS Agreements, such as Master Agreement, Subscription Agreement, End-user License Agreement (EULA), and (SaaS) License Agreement, etc. So, there are various types of contracts or documents you need to be familiar with when you manage SaaS contracts.

Some common SaaS contracts and documents include:

• General Terms & Conditions/Terms & Conditions ​(GT&C/T&C)​, refer to the legal agreement that sets out the rules, policies, and guidelines governing the use of services, products, or platforms. These terms establish the foundational relationship between a provider, seller, or service operator and its clients, customers, or users. They outline rights, responsibilities, limitations, and obligations to ensure clarity and fairness in transactions or interactions.

• Master Service Agreement/Master Ordering Agreement​ (MSA/MOA)​ is a comprehensive contract that lays out the fundamental terms and conditions governing future transactions, projects, or agreements between parties. It serves as a foundational framework for subsequent detailed agreements, orders, or projects, providing a consistent set of terms and conditions that apply across multiple transactions or projects. The MSA/MOA outlines the overarching rights, responsibilities, obligations, and terms of engagement between the parties involved, facilitating efficiency and clarity in business dealings.

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• Terms of Use ​(ToU)​, also referred to as Terms of Service (ToS), is a legal agreement that specifies the rules and guidelines users must adhere to when using a website or service. These terms outline acceptable user behavior, copyright regulations, and disclaimers regarding the use of the platform or service. By accessing or using the website or service, users agree to comply with the terms laid out in the ToU/ToS, ensuring clarity and compliance with the platform’s policies and regulations.

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• End-User License Agreement​ (EULA)​ is a license agreement that sets forth the terms and conditions under which a user is granted the right to use a software application. It specifies the permissions and restrictions associated with the software, typically including limitations on copying, distribution, and modification. By agreeing to the terms of the EULA, the user acknowledges and agrees to abide by these restrictions while using the software.

• Service Level Agreement​ (SLA)​ is a contract that establishes the expected standards of service to be provided by a service provider/vendor to its clients or customers. It outlines measurable metrics for service levels, such as uptime, response times, and performance benchmarks, to ensure transparency and accountability in service delivery. Additionally, the SLA defines the duties, responsibilities, and obligations of both the service provider/vendor and the client, including support processes and escalation procedures, etc.

• Data Processing Agreement​ (DPA) is an agreement that governs how a data processor handles personal data on behalf of the data controller, ensuring adherence to data protection laws.​ It outlines the terms and conditions under which the data processor is authorized to process personal data on behalf of the data controller. The DPA ensures compliance with data protection laws, such as the General Data Protection Regulation (GDPR), by specifying the responsibilities, obligations, and security measures that the data processor must adhere to when processing personal data.

• Non-Disclosure Agreement​ (NDA)​ is a legal contract that creates a confidential relationship between parties involved in a business transaction, collaboration, or exchange of sensitive information. Its primary purpose is to safeguard confidential or proprietary information, including trade secrets, technical know-how, or other valuable data, from unauthorized disclosure or use by third parties. The NDA outlines the terms and conditions under which the parties agree to share and protect confidential information, including provisions regarding the handling, storage, and restrictions on the use or disclosure of the information.

• Order Form​ (OF)​ is a document used in commercial transactions to specify the products or services to be purchased by a buyer from a seller. It serves as a formal agreement between the parties, detailing the quantities, prices, and terms that have been mutually agreed upon. The Order Form typically includes information such as product descriptions, quantities, unit prices, total costs, payment terms, delivery details, and any applicable terms and conditions.

• Purchase Order (PO) is an official offer issued by a buyer to a seller, indicating the types, quantities, and agreed prices for products or services intended to be purchased.​ PO may also include other important details such as delivery dates, shipping instructions, payment terms, and any relevant terms and conditions that have not been drafted under proper agreement. Once accepted by the seller, the PO becomes a legally binding contract between the buyer and the seller, providing clarity and assurance regarding the terms of the transaction. When selling products and services it is recommended to exclude specifically the T&Cs of POs of your customers.

• Financial Services Addendum​ (FSA)​ is a supplementary document which addresses specific regulatory and compliance obligations that are pertinent to financial institutions or organizations operating within this sector. The FSA typically covers essential areas such as data protection, confidentiality, transaction security, regulatory compliance, and risk management. It may outline additional terms, requirements, and safeguards related to the handling, processing, and storage of financial data and sensitive customer information.

• Financial, Social and Governance​ (ESG)​ encompasses a framework for evaluating a company’s commitments to sustainable, ethical, and responsible business practices across environmental, social, and governance aspects. It provides a comprehensive view of how a company operates and its impact on various stakeholders, including the environment, society, employees, investors, and communities.

• Code of Conduct Agreement​ (CoC)​ serves as a foundational document that outlines the expected standards of behavior, ethics, and professional conduct for all individuals associated with an organization, including employees, contractors, and partners.

• Privacy Policy​ is a critical document that provides detailed insights into the strategies employed by an entity to acquire, utilize, disclose, and oversee customer or client data. It outlines the measures taken to safeguard the privacy of individuals and ensure compliance with legal mandates and regulations governing data protection and privacy. A comprehensive Privacy Policy typically covers various aspects, including the types of information collected, the purposes for which it is collected, how it is used and shared, data retention practices, security measures implemented to protect data from unauthorized access or disclosure, and the rights of individuals regarding their personal information.

• Request for Information​ (RFI)​ is a formal process organizations use to gather preliminary details from potential suppliers or vendors before requesting more detailed proposals or quotations. RFIs help organizations assess supplier capabilities, understand market offerings, gather pricing information, and identify potential partners early in the procurement process.

• Request for Quotation​ (RFQ)​ is a formal invitation extended to suppliers or vendors, submitting bids for specific products or services. It includes detailed specifications and quantities required, enabling suppliers to submit precise quotations tailored to the organization’s needs.

• Request for Proposal​ (RFP)​ is a formal solicitation document issued by an organization to potential suppliers or vendors, inviting them to submit proposals for providing a desired solution or service. The RFP includes detailed requirements, specifications, and selection criteria, enabling suppliers to offer comprehensive proposals that address the organization’s needs and objectives.

• Business Associate Agreement​ (BAA) is a contractual document that outlines the practices and safeguards a business associate must adhere to when handling protected health information (PHI) on behalf of a covered entity, as mandated by the Health Insurance Portability and Accountability Act (HIPAA). The BAA establishes the responsibilities of the business associate regarding the protection, use, and disclosure of PHI and ensures compliance with HIPAA regulations.

If you need more information about SaaS Agreements and need help drafting a SaaS contract for your organization or reviewing a SaaS contract, please contact us on rreggers@amstlegal.com