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 Ind. Code Section 24-4.6-1-103.
6. DATA PROTECTION AND SECURITY
- Indiana Data Breach Notification: Provider shall comply with Ind. Code Section 24-4.9 without unreasonable delay.
7. INTELLECTUAL PROPERTY AND FEEDBACK
- Provider retains IP; Customer retains IP in Customer Data.
8. CONFIDENTIALITY
- Indiana Uniform Trade Secrets Act (Ind. Code Section 24-2-3) governs trade secret claims.
9. WARRANTIES AND DISCLAIMERS
- TO THE EXTENT PERMITTED BY INDIANA 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 Indiana Deceptive Consumer Sales Act (Ind. Code Section 24-5-0.5).
15. GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law: Laws of the State of Indiana.
- Venue: State or federal courts in [Marion County], Indiana.
- JURY WAIVER: TO THE FULLEST EXTENT PERMITTED BY INDIANA LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
16. MISCELLANEOUS
- Indiana Uniform Electronic Transactions Act (Ind. Code Section 26-2-8) 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