We understand that in today’s market software solutions need to be agile but not at the expense of being fit for purpose.
Software as a service (SaaS) can save costs for software providers’ customers (as they no longer have the expense of maintaining their own infrastructure). SaaS can be provided on a one to many basis (usually via a cloud platform provider) or single tenant (supporting infrastructure serving a single customer) basis. Software service providers may supply direct to their customer, using their own servers and infrastructure or use a third party environment (a cloud provider) to deploy their service.
A software service provider’s key concerns will be to ensure that:
- its intellectual property rights in the software service are protected;
- the permitted use of the software service is clearly defined;
- the charging structure and payment terms are clear;
- the scope of its obligations (e.g. relating to support, hosting and availability) are clearly defined;
- its liability is capped at an appropriate level.
Providing software services via a cloud platform also raises the following concerns:
- the need to comply (and for customers to comply) with the terms of the cloud platform provider;
- who will be responsible if there is a problem arising from the cloud platform?
- added complexities in relation to data processing and compliance with GDPR.
We can help you to deal with these issues to ensure that you can minimise your risk-exposure.
We regularly advise clients on cloud services, including:
- Software as a Service (SaaS);
- Platform as a Service (PaaS);
- Infrastructure as a Service (IaaS);
- Cloud computing and migration to the cloud;
- Hosting agreements;
- Software licensing;
- App terms and conditions; and
- Data protection issues.
We have experience in advising on solutions provided via:
- Amazon Web Services;
- Amazon Elastic;
- Google Cloud Platform; and
Recent examples of our work in this area include:
- licensing of database ETL tools provided via AWS (for use with Amazon Redshift) and Google Cloud Platform (for use with BigQuery), with additional “bring your own licence” terms;
- software development and licensing of a B2B solution via the Salesforce Platform;
- licensing of an Amazon Elastic-based solution in relation to provision of quotations for the insurance industry;
- advising a leading logistics software provider on its software service agreements;
- acting for a platform service provider in relation to its agile software development agreement, user terms and complex website privacy notice;
- advising a data management software and cloud service provider on its software licence terms and GDPR compliance;
- advising a design and technology firm on its platform development and preparing the relevant agreements;
- advising a technology firm on its on-line data analysis tool for digital footprints;
- assisting a software developer in deploying its AI solution;
- advising a leading insurance software provider on its application interface agreement with leading insurer;
- advising software developer on the terms of its data warehousing solution provided via AWS marketplace; and
- provision of professional and business services software as a service (including cashiering and payroll services) relying on Google Cloud Platform to host the software and data.
Our team of Tech specialists are predominantly from our Corporate/Commercial department which is ranked Top Tier - Tier 1 by the independent Legal 500 directory. In addition, Partners in our team are recommended by the Legal 500. You can be reassured that you will deal with some of the best Corporate/Commercial Solicitors in the country.
Our ethos is to provide our clients with an alternative to the major regional and national firms by offering high quality legal advice from highly experienced, specialist solicitors, but on a much more cost-effective basis.
We work closely with our clients to ensure that we meet their expectations both in terms of their objectives for a particular piece of work and in relation to costs. We are easy to deal with, clear in our advice and understand that a common sense approach is often required.
As standard practice, we give our clients an estimate of the costs involved in undertaking any piece of work at the outset. We can then provide costs updates on a regular basis. In addition, where appropriate, we are happy to discuss other pricing models (for example, fixed fees and retainer arrangements) if that is helpful to you.
If you need help with your SaaS, PaaS, IaaS, or cloud hosted solutions, please contact us.
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