Questions

How do the service agreement, terms of use, and privacy policy all work together? Should the documents be one big agreement or separate?

Should the documents be one big agreement or separate? My company provides project management services and along with a saas platform to pipeline service companies. My customers are requesting a master service agreement for the project management services. The saas offering is brand new and I am not sure how to incorporate it.

3answers

At our SaaS company, we found they were better done all separately.

Firstly, your customer might be asking for a proposal, not an MSA. If they are a large company they usually make you use their MSA once the proposal gets to procurement. Your contact may not know this.

Otherwise, if you have a lawyer, ask them for an MSA, Privacy Policy and Terms of Service that each cover all primary and end users.

The MSA is for the customers of the SaaS product and the Terms of Use and Privacy Policy are for both the customers and any end users they might interact with using the software (i.e. All 3 apply to an email marketing software customer, but only the last 2 apply to the end recipients of the email).

Lastly, you can tuck your project management services into one MSA for the software, or vice versa. It can be just one MSA that covers all your products and services in the event they choose to use any of them.

I'm no a lawyer and you should consult one. Feel free to look at/copy our agreements on www.vestorly.com.


Answered 4 years ago

Are you still looking for help here? I've worked on this extensively, for my own startup, and for other clients.

The short answer: you're correct that they should be separate documents. That's the standard way to do it currently. Your MSA definitely should be separate. Then you need a TOS and privacy policy for the SaaS platform. Happy to discuss further.


Answered 4 years ago

I would probably structure it so that there is a Master Services Agreement with the general terms of your relationship which reference subsequently attached Service Orders (or Scope of Work) each time you engage with them for project or service. When a customer signs up for the SaaS product, I would incorporate SaaS-specific policies by referencing them in the corresponding Service Order.


Answered 4 years ago

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