What is a SaaS agreement?
A SaaS agreement is a contract between a Hong Kong software provider and a customer that sets out how the customer can access and use hosted software, along with fees, support, and data handling.
Business & Startups
SaaS Agreement
Generate a SaaS agreement covering subscription fees, uptime and data hosting obligations for Hong Kong software providers, aligned with the Personal Data (Privacy) Ordinance.
- Create a SaaS agreement for a small business customer
Create a SaaS agreement between [Vendor Name] (BR No. [Business Registration Number]) and [Customer Name] for access to [Software Name], covering subscription fees, uptime, and support for a small business customer.
- Create an enterprise SaaS agreement
Create an enterprise SaaS agreement between [Vendor Name] (BR No. [Business Registration Number]) and [Customer Name] covering service level commitments, data security obligations under the Personal Data (Privacy) Ordinance, custom integrations, and multi-year terms.
- Create a free trial SaaS agreement
Create a SaaS trial agreement between [Vendor Name] and [Customer Name] governing a [Trial Length]-day free trial of [Software Name], including what happens to the account and data when the trial ends.
SaaS Agreement Generator (Hong Kong)
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 Hong Kong SaaS agreement generator produces subscription contracts for small business customers, enterprise deals and free trials, reflecting the data protection principles set out in the Personal Data (Privacy) Ordinance (PDPO) and guidance from the Office of the Privacy Commissioner for Personal Data (PCPD) that apply when customer or personal data is hosted or processed. It is designed for Hong Kong SaaS founders, cloud service providers, and any business selling subscription software to Hong Kong 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 Hong Kong data protection expectations.
Frequently asked questions
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.
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 data protection principles under the PDPO.
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 Hong Kong?
If the provider handles personal data on the customer's behalf, the agreement should reflect the data protection principles under the PDPO, including safeguards for any cross-border transfer of that data, noting that section 33 of the PDPO, which would separately regulate such transfers, has not yet been brought into force.