Checklist · 16 checks
SaaS & Software Agreement Checklist
What belongs in Australian SaaS terms — subscription, data, uptime, liability and termination — whether you're the vendor or the customer.
Who it's for: Software vendors and business customers signing SaaS terms
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Commercial terms
Define the subscription clearly: users, seats, environments or usage limits.
Set out fees, billing frequency, price-increase rights and notice periods.
Confirm the initial term, auto-renewal and how either side stops a renewal.
Deal with professional services, onboarding and support separately from the subscription.
Confirm whether trials or proofs of concept are covered, and on what terms.
Data, privacy and security
State who owns customer data and what the vendor may do with it.
Address Australian Privacy Principles obligations and any overseas disclosure.
Set out security commitments, breach notification and incident timeframes.
Confirm data export and deletion on termination.
Address AI or analytics use of customer data explicitly if it happens.
Risk allocation
Set realistic service levels, and remedies that are proportionate (service credits, not damages).
Cap liability, and check the cap survives Australian Consumer Law obligations you cannot exclude.
Exclude indirect and consequential loss on both sides.
Confirm IP ownership of the platform, of feedback, and of any custom work.
Set out suspension and termination rights, including for non-payment.
Choose governing law and jurisdiction — and keep it commercially sensible.
General information only, current as at 2026-09-10. It is not legal advice and does not take your circumstances into account. Nothing here creates a solicitor–client relationship.
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