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White Label SaaS Agreement Template for South Africa

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Key Requirements PROMPT example:

White Label SaaS Agreement

"I need a White Label SaaS Agreement for my fintech payment processing software that will be white labeled to banks across South Africa, with strong data protection clauses and the ability for the banks to offer the service to their own merchant customers starting March 2025."

Document background
The White Label SaaS Agreement is designed for situations where a software provider wishes to allow another company to rebrand and resell their SaaS solution under their own brand in South Africa. This agreement is essential for technology companies expanding their market reach through partnerships while maintaining service quality and legal compliance. It addresses key considerations under South African law, including POPIA data protection requirements, ECTA compliance for electronic transactions, and local consumer protection regulations. The document includes comprehensive provisions for service delivery, technical requirements, support obligations, and commercial terms, making it suitable for both large-scale enterprise arrangements and smaller business partnerships in the South African market.
Suggested Sections

1. Parties: Identification of the SaaS provider and the white label partner

2. Background: Context of the agreement, including the nature of the SaaS service and white labeling arrangement

3. Definitions and Interpretation: Key terms used throughout the agreement, including technical terms, service-related definitions, and interpretation rules

4. Appointment and License Grant: Terms of appointment as white label partner and license to use and resell the SaaS service

5. White Labeling Rights and Obligations: Specific rights and restrictions regarding rebranding, marketing, and distribution of the white-labeled service

6. Service Description and Scope: Detailed description of the SaaS service, features, and functionality

7. Service Levels and Support: Performance standards, availability commitments, and support obligations

8. Data Protection and Security: POPIA compliance requirements, data processing terms, and security measures

9. Intellectual Property Rights: Ownership of IP, licensing terms, and protection of both parties' intellectual property

10. Fees and Payment Terms: Pricing structure, payment terms, and billing procedures

11. Term and Termination: Duration of agreement, renewal terms, and termination rights

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Disclaimers: Service warranties, performance guarantees, and limitation of warranties

14. Limitation of Liability: Caps on liability and exclusions of certain types of damages

15. General Provisions: Standard legal terms including governing law, jurisdiction, and entire agreement

Optional Sections

1. Professional Services: Include when additional implementation, customization, or training services are required

2. Revenue Sharing: Include when there's a revenue sharing model between the parties

3. Marketing and Promotion: Include when specific marketing obligations or restrictions need to be detailed

4. Territory Restrictions: Include when the white labeling rights are limited to specific geographic regions

5. Sub-licensing Rights: Include when the white label partner is permitted to sub-license the service

6. Change Control: Include when formal processes for service modifications are required

7. Disaster Recovery: Include when specific disaster recovery obligations are needed

8. Competition Restrictions: Include when non-compete or exclusivity provisions are required

9. Insurance Requirements: Include when specific insurance coverage is mandatory

Suggested Schedules

1. Service Description Schedule: Detailed technical specifications and functionality of the SaaS service

2. Service Level Agreement: Detailed performance metrics, availability requirements, and remedies for failure

3. Fee Schedule: Detailed pricing, payment terms, and revenue sharing calculations

4. Data Processing Agreement: POPIA-compliant data processing terms and security requirements

5. Support Services Schedule: Support level descriptions, response times, and escalation procedures

6. Branding Guidelines: Requirements and restrictions for white labeling and rebranding

7. Technical Requirements: Minimum technical specifications for using the service

8. Implementation Plan: Timeline and milestones for service implementation and go-live

9. Acceptable Use Policy: Terms governing the acceptable use of the service by end users

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses



































Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Professional Services

Education

Telecommunications

Manufacturing

Retail

Insurance

Business Process Outsourcing

Consulting

Relevant Teams

Legal

Information Technology

Sales

Business Development

Operations

Information Security

Compliance

Risk Management

Procurement

Product Development

Partner Relations

Technical Support

Relevant Roles

Chief Technology Officer

Head of Legal

Commercial Director

Partnership Manager

Product Manager

Information Security Officer

Data Protection Officer

Business Development Manager

Operations Director

Chief Executive Officer

Sales Director

Procurement Manager

Legal Counsel

IT Director

Risk Manager

Compliance Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

White Label SaaS Agreement

South African-law governed agreement for white labeling SaaS solutions, including licensing, service levels, and POPIA compliance.

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White Label Partnership Agreement

A South African law-governed agreement enabling one party to rebrand and resell another party's products or services under their own brand name.

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