Order Form (Enterprise SaaS) (California)
ORDER FORM (ENTERPRISE SAAS)
PARTIES
- Provider: [LEGAL NAME, ADDRESS]
- Customer: [LEGAL NAME, ADDRESS]
TERM
- Initial Subscription Term: [Start Date] to [End Date]
- Renewal Term: [Auto-renew for X-year terms unless notice Y days]
SERVICES AND ENTITLEMENTS
- Product/Edition: [Name/Edition]
- Environment(s): [Prod/Non-Prod/Sandbox]
- Users/Seats: [Count/Type]
- Usage Limits: [API calls, storage, data volume, transactions]
- Included Modules/Features: [List]
- Add-ons: [List optional add-ons]
FEES AND PAYMENT
- Subscription Fees: [$ Amount] per [term/billing frequency]
- Usage/Overage: [Rates and meters; overage pricing]
- Payment Terms: [Net 30/45/etc.]; Invoicing [annual/quarterly/monthly upfront]
- Taxes: Excluding Provider income taxes; Customer responsible for applicable taxes.
- Uplift on Renewal: [X% cap or CPI] with [notice period].
SERVICE LEVELS AND SUPPORT
- SLA: Attachment [B]; credits apply per SLA.
- Support Tier: [Standard/Premium] per Attachment [C]; support hours and channels specified therein.
SECURITY AND DATA PROTECTION
- DPA/Security Addendum: Attachment [D] applies; data residency: [Regions]; incident notice: [X hours].
- Data Types: [Contact/usage/other]; No special categories unless approved in writing.
PROFESSIONAL SERVICES (IF ANY)
- Statement of Work: [Reference SOW ID/Date]
- Fees: [Fixed/Milestone/T&M with rates]; Expenses [yes/no] capped at [% or $] of fees.
- Deliverables tied to this Order: [List]
CUSTOMER CONTACTS
- Business Owner: [Name/Title/Email]
- Technical Contact: [Name/Title/Email]
- Billing Contact: [Name/Title/Email]
- Security/Privacy Contact: [Name/Email]
SPECIAL TERMS / EXCEPTIONS
- [List any negotiated deviations from standard terms, if any]
ORDER OF PRECEDENCE
- This Order is subject to the [SaaS Agreement name/date] and its attachments. In case of conflict, the SaaS Agreement controls, except where this Order explicitly sets commercial entitlements/limits.
INTELLECTUAL PROPERTY
Provider IP. Provider retains all right, title, and interest in the SaaS platform, software, documentation, APIs, tools, methodologies, and underlying technology ("Provider IP"). Nothing in this Order Form transfers ownership of Provider IP to Customer.
Customer Data. Customer retains all right, title, and interest in all data, content, and information uploaded to, processed by, or generated through Customer's use of the platform ("Customer Data"). Provider acquires no rights in Customer Data except the limited license granted below.
License Grants:
☐ Provider to Customer: Non-exclusive, non-transferable license to access and use the platform during the Subscription Term for Customer's internal business purposes.
☐ Customer to Provider: Non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Customer Data solely to provide and maintain the services.
Feedback. Customer suggestions or feedback regarding the platform may be used by Provider to improve, enhance, or modify the platform and its related offerings without restriction, obligation, or compensation to Customer.
Customizations:
☐ Custom integrations developed under the identified SOW shall be owned by: ☐ Provider, with Customer license specified in the SOW ☐ Customer, under the signed assignment in the SOW ☐ Jointly, with each party’s use rights specified in the SOW. Identify deliverables, preexisting materials, and retained licenses: [SOW SECTION / TERMS]. A transfer of copyright ownership requires a writing signed by the owner or its authorized agent under 17 U.S.C. § 204(a).
Work made for hire: Under 17 U.S.C. § 101, an employee's work prepared within the scope of employment qualifies. A specially ordered or commissioned work qualifies only if it falls within one of the statute's listed categories and the parties expressly agree in a signed writing. An SOW label alone does not transfer ownership of other commissioned work; use the signed assignment above when a copyright transfer is intended.
ELECTRONIC SIGNATURES
If both parties have agreed to conduct this transaction electronically in accordance with Cal. Civ. Code § 1633.5, they may sign this Order Form by electronic signature. This paragraph does not require either party to conduct another transaction electronically. Under Cal. Civ. Code § 1633.7, a record or signature may not be denied effect solely because it is electronic; attribution to a signer still depends on whether it was that person's act under § 1633.9. The parties will retain a copy of the signed Order Form.
SIGNATURES
Provider:
By: [SIGNATURE]
Name: [PRINTED NAME]
Title: [TITLE]
Date: [__ / __ / ____]
Customer:
By: [SIGNATURE]
Name: [PRINTED NAME]
Title: [TITLE]
Date: [__ / __ / ____]
About this template
- Last updated
- October 4, 2026
- Citations checked
- October 4, 2026
- Jurisdiction
- California
- Category
- Contracts & Agreements
Legal authority
- Cal. Civ. Code § 1633.5 (consent to electronic transactions)
- Cal. Civ. Code § 1633.7 (legal effect of electronic form)
- Cal. Civ. Code § 1633.9 (attribution)
- 17 U.S.C. § 101 (work made for hire)
- 17 U.S.C. § 204(a) (signed copyright transfer)
A contract is a written record of what two or more parties agreed to and what happens if someone does not follow through. Clear language, defined terms, and clean signature blocks keep disputes small and enforceable. The most common mistakes in contracts come from vague promises, missing details about timing or payment, and skipping standard protective clauses like governing law and dispute resolution.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 4, 2026.
Cal. Civ. Code § 1633.5 (checked October 4, 2026): "This title applies only to a transaction between parties each of which has agreed to conduct the transaction by electronic means."
Cal. Civ. Code § 1633.7 (checked October 4, 2026): "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form."
Cal. Civ. Code § 1633.9 (checked October 4, 2026): "An electronic record or electronic signature is attributable to a person if it was the act of the person."
17 U.S.C. § 204(a) (checked September 27, 2026): "A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent."
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