SaaS and Cloud Contract Terms - Common Paper Benchmark Report
Mar 5, 2024
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The Metrics Brothers, Dave Kellogg and Ray Rike from Common Paper, discuss the latest SaaS/Cloud Master Service Agreement benchmarks including contract length, payment terms, liability limits, data privacy, and insurance requirements. They also share insights on negotiating strategies, vendor-customer relationships, and design partner agreements.
70% of SaaS contracts are annual with auto-renewal, 85% have capped liability based on fee.
Deep dives
Contracts Benchmarking Report by Common Paper
There was a discussion about a startup called Common Paper that released a benchmark report on contractual terms essential for negotiating software agreements. This report covers various aspects of contracts, including design partner agreements, which cater to both buyers and sellers, offering insights into contractual terms like limitations of liability, auto-renewal percentages, and payment cadences.
Subscription Agreement Terms and Renewals
The podcast highlighted subscription agreement benchmarks revealing that 70% are annual and 19% are month-to-month, with 90% having auto-renewal terms. Additionally, 29% of annual agreements include a built-in price increase annually, providing valuable information for negotiating contract terms.
Liability Caps and AI Data Privacy Terms
Discussions touched upon liability limitations in agreements, with 85% having capped liability based on the annual fee paid, while less than 1% offer unlimited liability. Furthermore, there was an emphasis on the increasing inclusion of clauses related to AI and data privacy in cloud service agreements, indicating a growing concern for data usage and security in contractual terms.
Common Paper recently released a benchmark report on Cloud contract terms and conditions based upon data from over 1,000 companies. This is the first benchmarking report we have found that covers SaaS/Cloud Master Service Agreements.
Dave "CAC" Kellogg and Ray "Growth" Rike, better known as the Metrics Brothers break down the benchmarks contained in the report including:
Agreement Length
Payment Terms
Limitations of Liability
AI and Data Privacy
Insurance Requirements
Design Partner Agreements
If you are responsible for designing, negotiating or enforcing Master Service Agreements in the Cloud industry, this episode provides broad and detailed insights on the latest MSA terms and conditions being used in the industry.
The Common Paper Benchmark report is available by clicking here.