SaaS Legal Issues and ComplianceSaaS Lawyer in Pakistan

SaaS Contracts Lawyer

For SaaS businesses, reliability and trust are integral. Companies must be on top of data security, confidentiality, backup and contingency plans, cancellation – the list goes on. As such, terms of service, end user license agreements, and SAAS agreements play a pivotal role. If a SaaS startup launches with weak agreements, they could find themselves liable for trivial things that are preventable with the proper agreements in place.

Services We Provide

Irrespective of whether you are establishing or running Software as a Services business, we provide following legal services:

  • Service Level Agreement – SLA
  • Services Subscription Agreement
  • End-User License Agreement
  • Terms & Conditions, Privacy Policy, Cookie Policy and Disclaimer
  • Software Licensing Agreements
  • Software Integration and Implementation Agreements
  • Software Customization Agreements
  • Software Support and Maintenance Agreements
  • Vendor and Client contracts
  • API agreements with third-parties
  • Data Protection and Privacy law compliance
  • Payment Gateways related issues and contracts
  • Compliance with consumer and competition law
  • Compliance with other governing laws and regulations
  • Brand and Service Protection through IP

The Case Lawyer is a specialized SaaS Law firm that has negotiated in SaaS, IP, technology and software transactions – for both providers and customers.  We internalize client’s objectives and focus on helping them exceed their goals.

Our lawyers truly understand complicated technology and are in a unique position to truly counsel on all SaaS and technology legal issues. Structuring SaaS deals correctly is critical and present many issues a client might not contemplate.

As a SaaS law firm that specializes in SaaS transactions, our lawyers can help you understand, anticipate + properly structure your deals.

SaaS Agreements

We have negotiated every type of SaaS transactions – from start up clickwraps to an 55 pages master level agreement.

Service Level Agreements

Choose a SaaS attorney that has true expertise in service level agreements, security exhibits, disaster recovery terms and maintenance and support terms.

Commercial Terms

At the core of your SaaS deal, are the all important business terms.  Our SaaS lawyers can help you structure deal terms and increase revenue. 

Cloud/Hosting

We are experts in helping you navigate infrastructure provider terms + contracts.  Our law firm has deep cloud expertise.

Data Protection

Data protection is critical – you need to work with a our law firm that understands data protection laws globally.

B2C / B2B

Whether its B2B, B2C or another model, our SaaS lawyers help you understand the legal nuance and negotiate win-win deals that help you grow.

We have negotiated SaaS agreements with a public company pharmacy and health care chain to seed the market with client’s SaaS platform and related services and allow multi-million dollar revenue opportunities for client’s existing business offerings.

We also negotiated numerous SaaS and related service transactions related to client’s content technology platform.  Prioritized revenue opportunities and high-level risk to grow client’s market penetration while positioning it for future investment.

We advised numerous early stage and start up clients in developing form and template SaaS agreements.  Our SaaS lawyers provided optional provisions based on client value and risk tolerances and customized SaaS agreements to prioritize client goals.

Contact

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1st Floor, Plaza 786, Sector O-9, PWD Double Road, Commercial Area, Islamabad
E-MAIL
info@thecaselawyer.com

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Have Agreements for Incorporation

You ensure that you have made compliance with the SECP rules and
regulation and possess all the documents/agreements

Have an up-to-date Cap table

A cap table is a capitalization table on a spreadsheet providing an analysis
of a company’s interest such as all of a company’s equity ownership capital,
investment by the owner and shareholders (if any), common equity shares,
preferred equity shares, warrants, and convertible equity.

Register your copyright, trademark and patents

Must register your services tools, source code and other company’s
products with the IPO.

Define your Trade Secrets

Define what the trade secrets of your business are and ensure such secrets
in the employment contracts. You do not need to explain or mention your
trade secrets on the public documents such as Memorandum of Association
or Article of Association as they are public documents.

Transfer Your Intellectual Property

If you are planning to take venture funding your investor will want the
company to own the intellectual property rather than you personally own
the IP.
So make sure that your company owns the IP.

Non-Disclosure Agreements

If you are hiring employees, contractors or engaging third parties you must
sign a Non-Disclosure Agreement in order to protect your confidential
information.

Have an up-to-date Terms of Use

Basically Terms of Use is an essentially software licensing agreement of
your SaaS products with your consumers. So the Terms of Use should have
clear information about;
● Licensing of your SaaS to the customer
● Restriction of use of your product
● Limitation of Liability & Claims
● Disclaimer of warranties
● Intellectual Property and Copyrights
● What law governs the contract
● Notice of changes in Terms of Use
● Business contact information
● What happens if your user violates terms
● How the consumer can end this contract
● Penalties

Have an Up To Date Privacy Policy

Data privacy is more important than ever so it is most important for the
companies to strictly follow the data privacy regulations of different regions
and countries.
Data privacy policy must contain the following;
● Which information is collected?
Information provided by the consumer himself
Information collected automatically
● How is information collected?
Through forms
Through automated procedures
● How is the data secured and where it is located?
● Use of the data
● Disclosure or Sharing of Information
● Accessing and Correcting Information
● Deletion of information on request of user
● Age Consent
● Limitation of liability
● Changes to Privacy Policy
● Contact Information
NOTE: SaaS providers must obtain the explicit and unambiguous consent
of the user regarding his data

Have an up to date Cookie Policy

The cookie policy deals specifically with the use of cookies on your site,
whereas the privacy policy is a general document regarding all of the data
processes on a website, including contact forms, mailing lists, etc.
If the SaaS is using cookie methodology to collect information then the
SaaS must have a cookie policy listed on the website or app.
A cookie is a small text file which includes a unique identifier that is sent by
a web server to your computer, mobile phone or any other internet enabled
device, when a user visits the SaaS website or App. Cookies are widely used
to make sites work efficiently and to collect information about user’s online
preferences.
Cookie Policy must contain the following;
● What are Cookies?
● How do we use cookies and tags etc?
● Categories of Cookies
○ Essential cookies
○ Functionality cookies
○ Performance cookies
○ Targeting cookies
● How Do I reject cookies?
● Changes to this cookie policy

Have a Service Level Agreement

Service Level Agreement SLA is the promise of the services you are making
to your customer regarding the quality, availability and responsibilities of
the company.
Some of the information an SLA should include;
● The service you are providing
● Promised uptime and downtime
● How to report issues or submit support questions
● Response and issue resolution time frame
● What happens if company doesn’t meet your commitments

Take Data Privacy Compliance

Your SaaS product should follow the standards (more appropriate if
following related to ISOs) in order to protect the user’s data which includes
encryption, backups, logging, high availability, disaster recovery etc.
Build data privacy compliance into your product, and meeting the
requirements set by upcoming regulations are going to be a breeze.

Audit your Vendors for Data Privacy

If your SaaS is getting the services of vendors or cloud computing (like
AWS, Google Cloud, GSuite or MS Azure etc.) to run your SaaS which
includes your vendors in your chain of liability.
This means that if they have a breach, you have a breach. Make sure you are
auditing your vendors for data privacy practices and standards.

Have Internal Policies and Procedures

Your company must have appropriate internal policies and procedures that
ensure your company runs smoothly. These policies include:
● Employment Policies – according to employment laws of Pakistan.
● Data Privacy and Security compliance
● Telecommunication laws
● Disaster Recovery
● Business Continuity

Hire an officer who will enforce Policies and Procedures

Hiring an in-house Human Resources professional or a Chief Security
Officer who will enforce the policies and procedures of the company and
will protect unnecessary and unnoticed mistakes.

Practice Corporate Governance

Corporate Governance is making sure you are following the rules of the
company. This includes hiring decisions, fundraising, and others.

Update your Agreements and Policies

A company must have a counsel on board who will update the agreements
and policies on a regular basis. This helps you keep up with new
regulations, protect updates to your product, and generally legally stay on
top of protections available to you.

Have Insurance (Optional)

There are several different types of insurance policies available to your
business. Business insurance, just like car, home, renters, life, etc.
insurance can help protect you if the unexpected happens.

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    Kemp House, 152-160, City Road, London, United Kingdom, EC1V 2NX
    1st Floor, Plaza 786, Block- C, PWD Double Road, Islamabad - 44000
    Business Avenue, Shahrah-e-Faisal, Karachi - 75350
    info@thecaselawyer.com
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