As a SaaS Lawyer I spend more time reviewing and negotiating SaaS agreements and contracts then any other type of technology or software agreement. Whether I’m representing the SaaS vendor or customer/end user there is an unwillingness on the part of SaaS vendors to offer or accept unlimited liability in their SaaS agreements. Back in the days of mainframes and computers networked within a company that had no fears or worries of being hacked because the software they were running was not web internet based there was probably the likelihood that the SaaS vendor would give more warranties and accept greater liability. Now, plenty of SaaS companies use third party cloud services providers to manage, serve and host their web based applications opening up a whole new host of liability issues not faced by software companies in the pre-internet days.
What should a small company do that wants to use a SaaS service but wants to make sure the vendor stands behind their product? If the vendor refuses to provide 100% liability coverage or pay or indemnify your company for all damages of any kind that could occur in using their services why not request some reasonable yet meaningful liability such as one year of free fees to use the services. I would also find out if the SaaS vendor has passed a SOC 1 or SOC 2 audit. See also if the vendor has any information they care to share about security, performance, and other key metrics.
Here Are Some SaaS Data Security Questions Worth Considering If You Are a Potential Customer
What data security/privacy protections does the SaaS Provider have in place?
How often is customer data backed up?
Does the SaaS Provider have multiple backup data centers in different geographic locations?
Can the customer retrieve its data from the Provider’s servers to backup on its computer?
If the customer terminates the SaaS services agreement what does the Provider do with their data? And, how much time does the customer have to backup that information or export it to another vendor?
Please call SaaS Lawyer Andrew S. Bosin located in New Jersey for a free SaaS liability legal consultation at 201-446-9643 | www.njbusiness-attorney.com | firstname.lastname@example.org
Nationwide SaaS Data Protection Lawyer Andrew S. Bosin is located in New Jersey just outside of New York City serving clients in New Jersey, New York, Buffalo, Queens, Manhattan, New York City, Westchester County, Islip, Oyster Bay, Rochester, Utica, New Rochelle, Tonawanda, White Plains, Binghamton, Saratoga Springs, Rockland County, Brooklyn, Long Island, Albany, Syracuse, Suffolk County, Nassau County, Bronx, Staten Island, Allentown, Scranton, Lancaster, Harrisburg, State College, College Station, Boston, Hartford, Providence, Connecticut, Atlanta, Chicago, Washington D.C., Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Houston, Salt Lake City, Toledo, Akron, Dayton, Provo, Portland, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Broward County, Dade County, Newark, Delaware, College Park, MD, Cook County, Phoenix, Denver, Boulder, Ft. Collins, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Manchester, Burlington, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Rhode Island, Boca Raton, Arlington, Virginia, Alexandria, Virginia, Reston, McLean, Cambridge, Quincy, Riverside, San Bernadino, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Round Rock, San Marcos, Louisville, Richmond, Tempe, Southbend, Bloomington, Knoxville, Oxford, Tuscon, Long Beach, Ames, Ft. Collins, Lawrence, Blacksburg, Charlottesville, Champaign, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Mobile, Alabama, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Wake County, King County, Redmond, Kirkland, Bellevue, San Mateo County, Contra Costa County, Cupertino, Los Gatos, Sunnyvale, Mecklenburg County, Jacksonville, Gainesville, Boynton Beach, Orange County, Palo Alto, Harris County, Waco, Columbia, Missouri, Tarrant County, Bucks County, Lehigh County, Bethlehem, Pennsylvania, Burlington, Portland, Maine, Manchester, Concord, Nashua, Cambridge, London, Paris, UK, England, Dublin, Scotland, Edinborough, Amsterdam, Germany, Munich, Berlin, Madrid, EU, European Union, Spain, Austria, Vienna, Geneva.