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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."
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
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
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
Information Technology
Financial Services
Healthcare
E-commerce
Professional Services
Education
Telecommunications
Manufacturing
Retail
Insurance
Business Process Outsourcing
Consulting
Legal
Information Technology
Sales
Business Development
Operations
Information Security
Compliance
Risk Management
Procurement
Product Development
Partner Relations
Technical Support
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
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.
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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