Drafting Software Hosting Agreements for ASP or SaaS Hosting


Hosting agreements enable technology users to remotely access a vendor’s software from a centralized site while the vendor maintains responsibility for software maintenance, updates and upgrades. When entering a contract for software hosting services, counsel for both parties must carefully negotiate the agreement provisions regarding implementation, service availability, technical support, and data protection.

Counsel should advise clients to carefully evaluate the reliability of the host's platform and the proposed fee structure for the anticipated services, as well as to carefully consider both the implementation process required to take clients live onto the hosted platform and the transitioning process required to leave the hosted platform. Counsel should also advise clients to consider host’s standard practices and procedures regarding suspending clients from the platform, and to guide them in negotiating contractual representations, warranties, limitations on liability, and indemnities to allocate and mitigate risk.

Kristie D. Prinz, Founder of The Prinz Law Office in Silicon Valley, CA, provides technical IP business advice to early stage start-ups and more established mid-market companies in the software and SaaS industries. She regularly advises software companies and customers on software hosting agreement terms.

Key topics to be discussed:

•   What are the key questions counsel must consider before undertaking the negotiation and drafting of a software hosting agreement?
•   What contract terms are most important to include in software hosting agreements?
•   What strategies can be used to anticipate and address commonly disputed issues during the negotiation of software hosting agreements?

Date / Time: March 12, 2018

•   4:00 pm – 6:00 pm Eastern
•   3:00 pm – 5:00 pm Central
•   2:00 pm – 4:00 pm Mountain
•   1:00 pm – 3:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Kristie Prinz, Esq. is a Silicon Valley business lawyer and the founder of the The Prinz Law Office located in San Jose, California. Kristie’s practice focuses on the tech and life sciences industries, particularly SaaS and health tech, and advises start-ups and small to mid-sized companies in San Jose, Silicon Valley and the San Francisco Bay Area, throughout California and the United States, and worldwide on business deals with special attention to negotiating, drafting, and revising contract terms in order to ensure the executed agreements appropriately and accurately reflect complex IP, technical and business concepts and terms. Kristie has developed specialized technical business law expertise in the niche fields of tech and IP licensing (including patent, content & data licensing), software licensing & SaaS, tech transactions, health tech transactions, life science transactions (including biotech transactions), IT and HaaS, Internet, copyright & trademark. Kristie is licensed to practice in California and Georgia. The Prinz Law Office has satellite offices in Los Angeles, Orange County, San Diego, and Atlanta.

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