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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