Westchester County SaaS Lawyer

Forward-thinking corporate managers, enterprising technology entrepreneurs and cost-conscious commercial teams throughout Westchester County rely heavily on software in pursuit of marketplace success and other critical business goals. By entering into software-as-a-service (SaaS) agreements, such management teams, when assisted by Castle Garden Law, can acquire game-changing software applications and other tools from SaaS providers on a global basis. 

SaaS agreements often set forth the following terms:

  • Description and scope of SaaS-related services to be provided or goods to be delivered
  • Ongoing SaaS customer obligations and commitments
  • Fees, expenses and payment terms
  • Tax-related obligations
  • Provider representations
  • Term and termination triggers
  • Ownership of SaaS-related services, including intellectual property ownership
  • Data privacy considerations
  • Ongoing reporting requirements
  • Insurance coverage requirements
  • Limitations of liability
  • Restrictive covenants
  • Indemnification
  • Audit-related obligations
  • Confidentiality
  • Assignability of SaaS agreement-related rights and obligations
  • Governing law
  • Exclusivity
  • Independence of parties
  • Conflicts of interest
  • Force majeure
  • Third party beneficiaries
  • Forum designation for dispute resolution
  • Promotional and marketing matters
  • Instruments attached as exhibits, including statements of work and service level agreements

SaaS agreement frequently contemplate an accompanying service level agreements (SLA); the SaaS provider and its customer also execute such contracts. SLAs address key performance metrics associated with the software services in question, including the following:

  • Technical quality: metrics tracking coding defects and application size
  • Uptime: denotes the amount of time (either expressed in terms of a time window (8am – 7pm ET) or the percentage of a given 24-hour period) when software-related services are available to be accessed by users thereof 
  • Scheduled maintenance: permits SaaS providers to maintain its software at pre-specified times
  • Emergency maintenance: permits SaaS providers to perform software maintenance with reduced notice to its customers
  • Service credits: accrues when the availability of software falls below the required minimum level, which may bring about a reduction in the SaaS customer’s fee-related obligations
  • Earn-back provisions: for exceeding performance metrics, the service credit payable by the SaaS provider under the SLA can be reduced or eliminated
  • Defect rates: tracks software-related errors (coding mistakes, missed deliverable due dates and incomplete backups)

Pricing models for SaaS-related arrangements for our Westchester County clients can vary. Any of the following approaches can be employed by Castle Garden Law when a customer obtains SaaS-related services from a provider thereof:

  • Per-user pricing: pricing based on the SaaS customer’s total headcount
  • Usage-based pricing: pricing based on the actual usage of the applicable software by the SaaS customer’s personnel
  • Flat-rate pricing: for SaaS providers with a single software offering, a single price point is set based on such offering
  • Tiered pricing: for SaaS providers offering multiple software offerings, pricing is based on “packages” offered by the SaaS provider, with different combinations of software provided at different price points
  • Per-active-user pricing: pricing is based on any individuals within the SaaS customer’s organization who actually use the provided software

At Castle Garden Law, our lawyers represent both providers of SaaS-related solutions and SaaS customers. Join the hundreds of such businesses that have already consulted with Castle Garden Law by scheduling a free consultation with us to discuss how we can support your SaaS-related initiatives. 

Why Choose Our Westchester County SaaS Lawyer?

  • With over 25 years of experience, our firm provides nuanced, industry-specific advice 
  • Castle Garden Law can help you navigate any complex SaaS-related legal landscape with confidence
  • We take a hands-on approach when assisting our While Plains clients. Our firm will become conversant with the specifics of your SaaS business, helping it obtain personalized and effective legal strategies
  • Castle Garden Law was founded to provide accessible and client-centric service. We combine big firm experience at prices associated with a smaller legal practice, offering a resource-conscious approach to each of our representations

Contact Castle Garden Law for a Free Strategy Session

Whether your business provides SaaS-related services or subscribes to receive them, consider seeking legal representation to ensure that your SaaS agreements benefit from terms that are as advantageous as possible. 

Find a Westchester County SaaS lawyer to address each of your SaaS-related concerns. Backed by over 25 years of legal experience, Castle Garden Law will be your guide as you seek success in the SaaS-related marketplace.