A legally secure working environment
Software as a service (SaaS) solutions are now part of everyday life in modern companies. With legally sound SaaS contracts, you can professionally secure the use, availability and data protection of your software applications. Our services ensure your Saas contracts are individually tailored, clear and in compliance with the law.
SaaS contracts regulate the use of software as a product that various SaaS providers make available via the Internet as part of the “Software as a Service” model. This allows users to access SaaS applications through an internet connection without having to operate their own hardware. Legally, such contracts are similar to tenancy law, which is also reflected in the contract design.
Key components include regulations on provision, availability, updates, maintenance, warranty and data processing. Data protection and order processing play a particularly important role when it comes to the use of personal data. An SLA (service level agreement) is also often agreed upon to define the service and to provide protection against service disruptions. A well-known example of a SaaS solution is Microsoft Office 365, which scores highly in terms of scalability and flexibility.
Drafting of a SaaS contract
Fixed price from CHF 2,000 (plus VAT)
Usually 5-7 business days, depending on scope and requirements
Start-ups, SMEs, IT service providers and providers with individual software projects.
Review and adaptation of existing contracts
Fixed price from CHF 500 (plus VAT)
Usually 2-5 business days, depending on complexity and scope.
Companies, agencies and developers who want to legally secure existing contracts.
Vectra Advisors are your first choice for drafting and reviewing SaaS contracts. Our LAWYERS+ provide you with straightforward and pragmatic support for every issue. Contact us to get started!
Your contact for this topic:
Book a free introductory call:
A software contract regulates the use of software applications via the Internet, whereby the SaaS provider provides the application on its servers. In contrast to purchasing software licenses, no permanent license is acquired; instead, the software is made available for a limited period of time, similar to rental law. This means that the user is only allowed to access the software without having to install the SaaS provider's software locally. The rights to the software remain with the manufacturer.
When drafting a Software as a Service contract, numerous legal aspects must be taken into account, such as those relating to IT law, data protection law, and order processing. Rights and obligations, liability and warranty, the availability of the application, contract termination and cancellation, rights of use, and provisions for service disruptions should also be clearly regulated in the agreement or in the general terms and conditions (GTC) so that the contract complies with all legal requirements. In the case of international contracts, Swiss law and regulations as well as the laws of other countries must be taken into account (such as the BGB and the GDPR for Germany). This ensures that the contract is legally compliant at all levels.
A key advantage of SaaS solutions is their high flexibility and scalability – depending on requirements, the scope of software use can be adjusted. In addition, there are no high acquisition costs for hardware, as the software is used via the cloud. Even if the user's own device does not meet any special requirements, the software can be obtained via the Internet. Another aspect of SaaS contracts is that, upon payment of the fee, the customer also receives software updates, maintenance, troubleshooting in the event of malfunctions, and management of the provider's infrastructure.
Ein Service Level Agreement (SLA) ist fester Bestandteil vieler SaaS-Verträge. Es legt unter anderem die Verfügbarkeit der Software, Reaktionszeiten bei Problemen, geplante Wartungsfenster sowie mögliche Konsequenzen bei Störungen fest. Durch ein SLA kann der Kunde sicherstellen, dass die bereitgestellte Software zuverlässig funktioniert und seinen Anforderungen entspricht.
Since personal data is often processed in SaaS applications, strict requirements under data protection law apply. An appropriate level of data protection must be ensured, in particular through order processing, in which the SaaS provider acts as a processor. The secure processing of data, protection of customer data, and measures for data security must be precisely regulated in the contract.
A well-known example of a SaaS product is Microsoft Office 365. This cloud-based solution gives users access to the application from anywhere, as long as they have an internet connection. It exemplifies how SaaS offers what many companies need today: flexibility, easy deployment, up-to-date software through automatic updates, and storage of data on the provider's servers.
