Business & Startups

SaaS Agreement

Generate a SaaS agreement covering subscription fees, uptime and data hosting obligations for Australian software providers, aligned with the Australian Consumer Law and the Privacy Act 1988.

SaaS Agreement Generator (Australia)

A SaaS agreement is the contract that governs how a customer accesses and pays for software hosted by a provider, covering subscription fees, uptime commitments, data hosting and support. This free Australian SaaS agreement generator produces subscription contracts for small business customers, enterprise deals and free trials, reflecting the consumer guarantees that cannot be excluded under the Australian Consumer Law and the data handling obligations that apply under the Privacy Act 1988 and the Australian Privacy Principles when customer or personal information is hosted or processed. It is designed for Australian SaaS founders, cloud service providers, and any business selling subscription software to Australian customers. The generator lets you set service level commitments, data security and hosting terms, and clear termination and data-export rights. Use it to onboard customers with a professional contract that reflects Australian consumer protection and privacy requirements.

Frequently asked questions

What is a SaaS agreement?

A SaaS agreement is a contract between an Australian software provider and a customer that sets out how the customer can access and use hosted software, along with fees, support, and data handling, alongside the consumer guarantees in the Australian Consumer Law.

How is a SaaS agreement different from a regular software licence?

A traditional licence covers software installed on the customer's own systems. A SaaS agreement covers software hosted by the provider and accessed over the internet, so it also addresses uptime, hosting location, and data security.

What is a service level agreement (SLA)?

An SLA is a section (or separate document) that promises a level of uptime or performance and sets out remedies, such as service credits, if the provider fails to meet it. An SLA cannot be used to exclude the consumer guarantees that apply under the Australian Consumer Law.

Who owns customer data in a SaaS agreement?

The customer typically retains ownership of their data. The agreement should state this clearly and explain how data is stored, secured, and returned or deleted when the contract ends, consistent with the Australian Privacy Principles.

Can a SaaS agreement cover a free trial?

Yes. A trial addendum or clause sets the trial length, any usage limits, and what happens to the account and data once the trial period ends.

Do SaaS agreements need a data handling clause in Australia?

If the provider handles personal information on the customer's behalf, the agreement should address the business's obligations under the Privacy Act 1988, including any cross-border disclosure of that data under Australian Privacy Principle 8 where hosting occurs offshore.

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