SOFTWARE AS A SERVICE AGREEMENT (SMB)
1. PARTIES AND ORDER
Agreement between [PROVIDER] and [CUSTOMER], effective [DATE].
2. ACCESS RIGHTS AND RESTRICTIONS
- Non-exclusive, non-transferable right to access the SaaS.
3. SERVICE LEVELS AND SUPPORT
- Uptime target: [99.5%] monthly.
4. CUSTOMER OBLIGATIONS
- Provide accurate account info; comply with AUP.
5. FEES AND PAYMENT
- Late amounts may incur interest per 815 ILCS 205/2.
6. DATA PROTECTION AND SECURITY
- Illinois Data Breach Notification: Provider shall comply with 815 ILCS 530/ in the most expedient time possible.
7. INTELLECTUAL PROPERTY AND FEEDBACK
- Provider retains IP; Customer retains IP in Customer Data.
8. CONFIDENTIALITY
- Illinois Trade Secrets Act (765 ILCS 1065/) governs trade secret claims.
9. WARRANTIES AND DISCLAIMERS
- TO THE EXTENT PERMITTED BY ILLINOIS LAW, SaaS IS PROVIDED "AS IS."
10. INDEMNITIES
- Mutual indemnification.
11. LIMITATIONS OF LIABILITY
- Cap: fees paid/payable by Customer in the [12] months before the claim.
12. TERM, SUSPENSION, AND TERMINATION
- Auto-renews unless notice [30/60] days prior.
13. BETA/FREE TRIALS
- Provided "as is," no SLA.
14. COMPLIANCE
- Compliance with Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/).
15. GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law: Laws of the State of Illinois.
- Venue: State or federal courts in [Cook County], Illinois.
- JURY WAIVER: TO THE FULLEST EXTENT PERMITTED BY ILLINOIS LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
16. MISCELLANEOUS
- Illinois Electronic Commerce Security Act (5 ILCS 175/) governs electronic signatures.
17. SIGNATURES
☐ Provider has reviewed and agrees to the terms
☐ Customer has reviewed and agrees to the terms
| Provider | Customer |
|---|---|
| By: __________________________ | By: __________________________ |
| Name: [NAME] | Name: [NAME] |
| Title: [TITLE] | Title: [TITLE] |
| Date: [DATE] | Date: [DATE] |
18. ATTACHMENTS
- Attachment A: Order Form
- Attachment B: SLA
- Attachment C: Support Policy
- Attachment D: DPA / Security Addendum
- Attachment E: Acceptable Use Policy