• Allgemein

Escrow Agreement Saas

Many SaaS licensees still ask for a simple source code trust, but this has a few drawbacks. In the case of a SaaS product, you need all the necessary code and information for it to work properly, so a simple source code management service won`t do much if the vendor no longer supports or offers the product. As enterprises, including large international banks, use cloud applications as their preferred technology platform, we are seeing a significant increase in the demand for SaaS trust agreements. Escrows for source code have long been a source of confusion among buyers. The concept is simple: if the software manufacturer has merged on its critical system, the customer receives a delivery of source code so that it can continue using the software. Although the concept of Escrows software is quite simple, the process often doesn`t work as well as expected. The trust process for a SaaS product tends to be even more complex, but if properly implemented, it is more useful and useful for customers. There is a standard trust agreement with NCC in which the customer is the continuity partner and all fees are paid by the supplier. This guarantees the rights of the source code, while the addendum to the hosting contract guarantees the rights to the data, the operating program and the platform. Your SaaS provider pays a regular fee to its information provider as a service (IaaS) for hosting services. Through SaaS Assured, NCC Group will monitor these payments in case of irregularities.

In this case, a copy of your data and/or production environment will be securely stored in the trust department so that you can use it in the event of a new outage. This way, you can minimize downtime or disruption by having a clear and prepared continuity plan, secured by an independent third party. All this must be reflected in the customer contract, with the customer recognizing the continuity partner`s rights, including the right to obtain data when the continuity agreement comes into force. And everywhere, specific rights must be granted to third parties to ensure that the agreement is bound. Hosts are linked by an addendum to the standard hosting agreement, in which the host, the provider and especially the continuity partner participate. For the host, the advantage is that he actually holds an acompta for a certain number of months of accommodation costs, so that the lights stay on; and allows the continuous partner to instantly access the platform and data when the continuous agreement comes into effect. So the change would be smooth. .