For SAAS companies, a well-drafted contract must be comprehensive, protective and allow for the most legal protection hire Experienced SAAS Attorney Andrew S. Bosin, Esq. to draft your company's SaaS Agreements
Top SaaS Lawyer & Software Licensing Attorney
SaaS Agreements Lawyer Andrew S. Bosin LLC is a former General Counsel of a SaaS company he scaled with partners. Please call Andrew for a free consultation at 201-446-9643 or email Andrew at: email@example.com.
As an experienced SaaS Contracts Attorney with offices in New Jersey close to New York City, Andrew helps SaaS startups, vendors, providers, resellers, end-users, developers, customers and enterprise companies all across the USA. www.njbusiness-attorney.com.
SAAS Lawyer Andrew S. Bosin's Qualifications
What distinguishes Andrew from other lawyers is his entrepreneurial spirit enabling him to relate to clients in a way other lawyers simply cannot. https://www.njbusiness-attorney.com/new-york-city-saas-contracts-attorneys-saas-contracts-agreement-negotiations-lawyers/
This is because while at the same time he has been helping clients in his own law firm, Andrew took the time to start a SaaS software company. https://saas-lawyer.com.
This experience of building a SaaS startup has given Andrew another skill set which most other lawyers simply do not have. Andrew understands first hand what the impact that business, legal and financial decisions have on emerging growth companies.
In building and scaling his own SaaS company, Andrew met and spoke with dozens of investors and industry thought leaders. This enabled him to give clients a perspective that other lawyers simply cannot offer to their own clients. https://saascontractslawyer.com.
Because of his own startup experiences Andrew has a unique skill set that most other lawyers cannot match.
To this effect, Andrew spent thousands of hours in his SaaS company, performing a bulk of the legal work and closing global SaaS enterprise deals.
And, Andrew was also heavily involved in his SaaS company's software development, marketing and sales processes.
The question you have to ask yourself is what kind of SaaS Attorney do you want helping your company? Is it someone who has never personally built a SaaS company?
Or is it someone like Andrew who rolled up his sleeves and sacrificed his own time and money in building a SaaS business. https://saasagreementsattorney.com
A SaaS Attorney Who Knows How To Negotiate and Close an Enterprise Deal
While the goal for a startup or early-stage company that needs legal advice should be getting and paying a fair price, it is just as important to find a legal partner who has your company's best interests at heart: not an attorney who flags every issue that can kill a deal.
You want a Technology Lawyer by your side who thinks outside of the box and, because of his own startup experiences, can work through the issues and close that critical deal. https://twitter.com/andrewbosin?lang=en
While some lawyers might do a great job drafting, let's say, a SaaS software development agreement, because of Andrew's experience as a SaaS entrepreneur he personally saw every aspect of the software development process.
Why is this significant? It's because if a client is having a SaaS application built or is entering into a Scope of Work for a build out Andrew can explain the pitfalls and hurdles they will face in either situation. https://www.saasagreementsattorney.com/home-1
Types of SaaS Agreements Andrew Drafts and Negotiates
SaaS Subscription Agreements, End User License Agreements (EULA), Reseller Agreements, Software Application Development Agreements, Master Services Agreements and Software Licensing Agreements. https://saas-contracts-attorney-andrew-s-bosin-llc.business.site/
Does a SaaS Lawyer Need Technical Training?
So, how technical does a SaaS lawyer have to be? Do they need specific training? Should an attorney specialize in SaaS Law in order to help your company with its SaaS agreement legal needs?
Every week Andrew gets calls from enterprise SaaS vendors telling him that the corporate lawyer they have used for years has little to no experience in drafting and negotiating SaaS Agreements.
It is Common For Non-SaaS Corporate Lawyers To Be Out of Their Element In Trying To Draft or Negotiate a SaaS Agreement
A common occurrence is that some corporate lawyers do really good work with non-SaaS business related contracts but are out of their depth when it comes to SaaS Agreements.
What is a Software License Agreement?
A software license agreement is an agreement contract between a SaaS software company, vendor or provider and its customers for use of software giving the customer a limited right through a license to use the software.
It allows customers to use the software and details exactly how they can use it. Within the software license agreement, it should spell out where customers can install the software as well as how often it can be installed.
Additionally, the software licensing agreement should answer questions customers may have about their ability to copy it, modify it, license or redistribute it.
The software's price and licensing fees should also be contained in the license agreement. A software license agreement is something a software vendor should want to have in place to prevent or protect it from IP theft and infringement.
Andrew Understands The Difference Between SaaS Contracts and Software License Agreements
When drafting and negotiating technology, SaaS and software contracts as a SaaS Software Licensing Attorney, Andrew understands that a software license agreement gives a licensee customer a non-exclusive, non-transferable right to use software.
This software is typically installed on a company's local network as opposed to web cloud based SaaS software which is accessed remotely by customers via the internet.
Andrew Helps SAAS Companies, vendors and Startups Nationwide
Andrew routinely helps clients close SaaS deals across the USA located in Los Angeles, New York City, Silicon Valley, Columbus, Ohio, Phoenix, Boston, Atlanta, Long Island, Dallas and Denver.
Andrew also works with clients in Washington DC, Miami, Houston, San Jose, CA, Austin, TX Connecticut, San Diego, Chicago and Salt Lake City, Utah. www.njbusiness-attorney.com.
No matter where you are located in the US please call Andrew for a free consultation at 201-446-9643.
SaaS Attorney - Licensing, Contracts and Template Agreements
SaaS Agreements. SaaS Contract Lawyer Serving Clients Across The US.
What is a Software as a Service SaaS Agreement?
Software as a Service (“SaaS Agreements) refers to Service Provider Vendor Agreements. When you work with Andrew your SaaS Agreements will go through several phases in which he will work with you to define specific terms and create language to maximum legal protection and minimize liability for your SaaS company.
When Andrew is counseling clients through a SaaS deal his strength is the fact that he has experienced the same things as General Counsel for his own SaaS startup. https://www.njbusiness-attorney.com/new-york-city-saas-contracts-attorneys-saas-contracts-agreement-negotiations-lawyers/
What most SaaS startups don't understand because of lack of experience is that getting an enterprise SaaS deal done takes more than just having a great product that the client wants.
What it takes is the ability for the SaaS startup to identify the key individuals in the client's business who not only love your SaaS product but will also advocate inside their own companies to get the deal done.
What Contract Demands Will Enterprise SaaS Customers Make in Agreement Negotiations?
Andrew also help SaaS vendors negotiate SaaS enterprise Agreements with customers.
One of the biggest issues that SaaS vendors will have to compromise on is the limitations of liability paragraph.
Enterprise companies will demand that SaaS vendors take on more liability then when contracting with a smaller company.
Enterprise customers will also demand a Service Level Agreement that includes integration, maintenance and support. https://www.njbusiness-attorney.com/andrew-s-bosin-esq-top-new-jersey-business-contract-attorney/
And, a guarantee that the SaaS Service will be available and up and running for a guaranteed minimum period of time.
Enterprise customers will almost always demand that vendors indemnify them for the vendor’s use of a 3rd party cloud managed services provider which hosts, serves and maintains the vendor's products.
Most SaaS vendors with enterprise customers outsource the hosting and serving of their applications with the well-known ubiquitous cloud managed services providers.
Smaller customers who contract with SaaS vendors typically don’t understand the issues of liability and data security that surround the use of SaaS applications.
And, as such don’t demand that vendors assume the liability or step in the shoes of their cloud managed services vendor when it comes to liability.
On the flip side, an enterprise customer will typically demand that the vendor accept liability for any breach or error in delivery, loss, damage or interruption to the Subscription Service caused by the third party cloud managed services provider.
Startups Have To Know That Enterprise Customers Will Demand That They Purchase Insurance
Another issue that comes up in enterprise contract negotiations is insurance. Every new client that Andrew speaks with he advises that they must obtain general liability and errors and omissions insurance to cover things such as cyber attacks, data breaches and the customers’ losses in the event there is a breach or attack.
Most startups don’t realize that enterprise companies will not use their applications unless they first get coverage for auto, workers comp, general liability and errors and omissions insurance.
Data Protection, Privacy and CyberSecurity
Technology Attorney Andrew S. Bosin, Esq. advises clients on legal issues associated with data protection, data breach, privacy and cybersecurity. Andrew routinely advises clients on privacy issues and compliance programs for the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).
The data being collected by devices and/or SaaS Cloud based software may include personally identifiable information (pii) such as addresses, credit card information, birthdays, addresses and information regarding buying habits.
Why should you be concerned about all of this personal data and information your company may be gathering albeit in any unintended manner?
The reason you should be concerned is because this is valuable information to marketers. Perhaps you have collected data about the buying habits of thousands of customers in a certain segment of the market.
You don’t want to make the mistake of selling or re-selling this personal information and data to a third party who will use it to market to other consumers.
There is a possibility that the owners of this personal data could take legal action against your company if their personally identifiable information is disclosed or sold to a third party.
What if your cloud based application is hacked or subjected to a cybercrime and all this valuable data has been stolen?
One way for both the SaaS provider and customer/user to protect the customer’s data is to spell out in the SaaS Customer Subscription Agreement that the customer/user owns all of its data.
The Agreement should also state that the SaaS vendor is being given a license to use the customer’s data only in the use and performance of the software.
If you are a SaaS provider, in negotiating a SaaS Agreement with a customer you want to make sure that ownership of the data is clearly spelled out and what both parties can or cannot do with it.
SAAS Attorney | SaaS Software as a Service Law
Andrew has substantial experience concentrating on IT/software and related business technology transactions.
This ranges from traditional software licensing to enterprise-level cloud SaaS and managed services agreements to dealing with legal issues associated with information technology-related transactions.
Andrew Helps Clients Shift From Traditional Software Model To Cloud Based Subscription Model
In doing so, Andrew represents, assists and helps traditional enterprise software companies shifting and transitioning from products to a cloud first services business model.
Andrew has taken notice that software companies are rapidly shifting to a cloud first business model to fulfill their customers’ needs for rapid deployment, and new features and functionality simply not possible with on-premise software solutions.
Andrew has seen first hand that adopting a cloud-based platform for application development and solutions and integration allows companies to more rapidly develop, deploy and enhance business applications.
Does your company need legal guidance about drafting, negotiating and pricing SaaS cloud based software contracts and licensing models with customers and clients?
Does your company need to protect its on-site, cloud, virtual, and embedded applications? What are the challenges to IoT deployment?
SaaS service providers should do a host of things to make sure that whatever data or sensitive information is being gathered and stored in the cloud for their clients is secure.
- If you are outsourcing the hosting and serving of your company's SaaS Cloud Application to a third party managed cloud provider you need to carefully read and analyze the agreement you will execute.
- You want to see what type of liability the cloud managed provider will accept and how much it will pay in damages in the event the cloud provider causes a breach which causes damages.
- Internally, your company should limit access to your cloud application to authorized personnel only.
- You should classify employees that have access to the provider's application as "authorized employees."
- These are employees who have a need to know or otherwise can access customer data or personally identifiable information (PII).
- This allows the SaaS Vendor to perform its obligations under this Agreement. These individuals should also sign non-disclosure agreements prohibiting the unauthorized transfer and sale of customer user data and (PII).
- PII could have a broad meaning to both vendor and customer so its a good idea to list or define the types of PII that should be protected from disclosure to unauthorized employees and third parties.
- You should perform criminal background checks if legal in your state before employees are exposed to sensitive customer data or financial information.
- You should provide Corporate Security Awareness Training to employees so everyone has a heightened sense of purpose regarding customer data protection and security.
- You should put together a Security and Risk Management Team of highly qualified individuals to manage security risk.
- Incident Response Plan - What if there is a data breach or a cyber-attack? Your company should have a plan in place which details what actions you are going to take in the event disaster strikes.
- To this effect, how are you going to notify customers of a data breach or disaster?
- Data Recovery and/or Disaster Plan - Do you or your managed cloud provider have a disaster plan in place?
- Do you or your SaaS managed cloud provider utilize redundant and fault tolerant systems to ensure maximum up time and recover quickly from disasters.
- Customers are going to want to know how long it will take to retrieve their data and if it has been lost or compromised.
- Your company should have an effective Information Security Policy in place which needs to be assessed and updated if need be annually.
- Does your company perform web application testing to determine if there are any security issues or vulnerabilities that need to be fixed?
- Employees should be required to sign a document acknowledging they have received a copy of the company’s Security Policy.
- You should think about putting in place a Change Control Process to make sure that changes to the software and hardware IT infrastructure don’t severely impact production systems.
- Are the vendors certified that will be managing your cloud services? Certification means that the vendor takes security seriously.
- Are your customers' users required to enter a password that is authenticated before permitting a user to gain access to the SaaS application and/or services.
- Does your managed cloud provider offer or use encryption for the data that is being stored?
- Who has access to sensitive customer data and how is it being stored?
- This sensitive information should be stored in a secure, redundant, highly available database system with access restricted to employees and personnel that are members of a contained group.
- If you are the SaaS vendor who in your company has access to sensitive client/customer information?
- You want to make sure your company can access the files but not view them. Make sure that only a select few number of employees can have access to and view sensitive customer data.
- You should become familiar with how hard drives which are old and no longer functional are destroyed. You should ask your managed cloud provider if old disk drives are destroyed on premises by a third party vendor.
- Are you offering customers any type of encryption for data transfers?
- Are customer files or data being backed up to a second storage system in the event disaster strikes?
This above list is not dispositive or everything a SaaS vendor should do to take security seriously and put controls, processes and procedures in place to protect sensitive customer data.
With that said, do yourself a favor and hire an outside vendor a company that is an expert in determining your company's capabilities or vulnerabilities in managing data security and what needs to be done.
Delaware C Corp Formation - Incorporating a Startup Company
Andrew Helps SaaS Companies With Delaware Incorporation
In helping his startup clients with Delaware incorporation business formation, Andrew offers a flat fee legal document incorporation package.
This includes drafting Bylaws, Action of Sole Incorporator, Initial Board Consent, Board Consent Approving Founders’ Stock, Restricted Stock Purchase Agreement, 83(b) Tax Election, and Confidential Information and Invention IP Assignment Agreement.
Andrew also counsels Delaware C Corp SaaS startup companies on legal issues related to founders' restricted stock agreements, investor agreements, VC Term Sheets and board resolutions.
Andrew also counsels startups on Bonus and Salary, Employment Contracts, Employment Agreements, Executive Compensation Agreements, Termination Agreements & Employee Stock Option Plans (ESOP).
And, he also helps clients with Independent Contractor Agreements, Non-Compete Agreements, NDA's, Licensing and intellectual property (IP) agreements.
Andrew also negotiates employment compensation packages, job offers, and stock option agreements for employees joining startups including CEO’s and directors.
Andrew also represents startups on reviewing and negotiating Promissory Notes, SAFEs, investor documents, and he also helps clients structure and close capital financing rounds.
Please call Andrew for a free consultation at 201-446-9643 or email Andrew at: firstname.lastname@example.org.
GDPR Legal Counsel For Startups and Businesses
Legal Advice on Compliance with The EU GDPR
Some of Andrew's clients are SaaS vendors doing business in Europe who need a Data Processing Agreement drafted to be EU law GDPR compliant.
A data processing agreement (DPA) — also referred to as a data processing addendum — is a contract between data controllers and data processors or data processors and sub-processors.
These contracts are created to ensure that each party in the partnership is maintaining and securing data in compliance with the GDPR or other applicable privacy laws in order to protect the interests of both parties.
Please call Andrew for a free consultation at 201-446-9643 or email Andrew at: email@example.com.