saas contracts negotiations lawyer for MSA & customer enterprise agreements
SaaS Lawyer Reviewing, Drafting & Negotiating Master Services Agreements (MSA), EULA, Sales, Enterprise & Reseller Agreements
SaaS Lawyer Drafting Smart SaaS Agreements
SaaS Attorney drafting and negotiating Master Service Agreements (MSA), SaaS enterprise agreements, SaaS licensing agreements, Software as a Service (SaaS) Agreements, SaaS agreements, End User License Agreements (EULA), SaaS contracts, SaaS Subscription Agreements, SaaS customer agreements and SaaS Reseller Agreements helping and representing SaaS startup companies, providers, vendors, end-users, developers, licensees, resellers and enterprise businesses in Los Angeles, Nashville, Columbus, NYC, Baltimore, Philadelphia, San Diego, Washington DC, San Jose, Miami, Cleveland, Indianapolis, Chicago, Austin, Dallas, Phoenix, Boston, Las Vegas, Silicon Valley, Minneapolis, New York, Florida, Ohio, California, Memphis, Jacksonville, Orlando, Tampa, Houston, Texas, Atlanta, Charlotte, Raleigh and San Francisco contact expert SaaS Attorney Andrew S Bosin LLC with offices in New Jersey outside NYC at 201-446-9643 for a free consultation.
SaaS Agreements Lawyer Andrew S Bosin LLC represents startups, vendors, providers, resellers, end-users, developers, customers and enterprise companies all across the USA in drafting and negotiating SaaS Subscription Agreements, End User License Agreements (EULA), Reseller Agreements, Software Application Development Agreements, Master Services Agreements, Software Licensing Agreements, Cloud Computing Agreements, Cloud Managed IT Services Agreements, Website and Internet Legal Agreements and Data Processing Agreements (DPA) that are compliant with GDPR and EU Law. Please read about some of the SaaS legal services Andrew offers https://saas-lawyer.com/saas-attorney
With offices in New Jersey just across the river from New York City, SaaS Contracts Lawyer Andrew S Bosin offers experienced SaaS, Cloud and Software legal advice to clients who are doing SaaS deals and transactions all over the USA. Please read Andrew's article on some of the legal services he provides to SaaS companies https://saas-lawyer.com/saas-lawyer-1/f/saas-lawyer
SaaS Lawyer Andrew S Bosin LLC represents more than 100 SaaS, Technology, Software, Cloud and Blockchain Technology early stage startups, co-founders, entrepreneurs, vendors, developers, customers, end-users, licensees and mature software enterprise companies.
As a SaaS Contracts Attorney, Andrew also counsels early stage growth companies, founders and entrepreneurs on incorporating in Delaware and also drafting bylaws, founders' restricted stock agreements, investor agreements, VC Term Sheets, board resolutions and IP Invention and Assignment Agreements. Andrew also negotiates Promissory Notes, SAFEs, investor documents and he also helps clients structure and close capital financing rounds.
While the goal for a startup or early stage company that needs legal advice should be getting and paying a fair price, it is just as important to find a legal partner who has your company’s best interests at heart: not an attorney who flags every issue that can kill a deal. You want a Technology Lawyer by your side who thinks outside of the box and because of his own startup experiences can work through the issues and close that critical deal. To this effect, Andrew spent thousands of hours working in his own SaaS company building and scaling it with his partners.
This is where Andrew’s vast experience as a SaaS entrepreneur distinguishes his legal practice from other lawyers across the United States. While some SaaS and Technology Lawyers might be very good at drafting the legal documents you need for a crucial proof of concept with your first client Andrew has actually rolled up his sleeves as a SaaS entrepreneur and been personally involved alongside his partners with the development of his company’s SaaS application, discussing and creating sales and marketing strategies and working on and refining the “proof of concept.” Then, Andrew spent countless hours actually involved in furtherance of his SaaS company's sales and marketing efforts.
There are lawyers out there who can give you great legal advice. However, there are not many like Andrew who have risked their own time and money and put thousands of hours into their own SaaS startup. If you are a SaaS vendor Andrew's experience in scaling a SaaS startup can add tremendous value to your negotiations with enterprise customers. Andrew has stood in your same shoes as General Counsel to his own SaaS startup. His vast experience in dealing with lawyers from enterprise companies will be invaluable to speeding up the process of getting the contract negotiated and signed. Unlike most lawyers Andrew is a SaaS "insider" in that he has worked on every aspect of a SaaS enterprise deal as both a SaaS Lawyer and SaaS entrepreneur. While most lawyers get bits and pieces of information about their clients’ software Andrew had a different experience as the General Counsel for his SaaS company as he was able to glean critical information from his various partners needed to successfully negotiate enterprise agreements. For example, if an enterprise customer needed to know about the data security functions of his company’s application Andrew spoke with his partners who built the application and understood its capabilities. Please read Andrew's article on what to know before joining a SaaS startup https://saas-lawyer.com/saas-lawyer-1/f/what-to-know-before-launching-or-joining-a-saas-startup
While some lawyers might do a great job drafting let's say a SaaS software development agreement Andrew has personally experienced the building of his company's SaaS application as the owner of a SaaS startup. Why is this significant? This is because most of the issues that Andrew helps clients with who have hired developers to build their applications he has experienced first-hand in participating in the software development process of his own company's SaaS application. One of the critical pieces in developing SaaS software is in the beginning stages where the client and developer create drawings, wireframes and schematics and try to get on the same page to understand exactly what needs to be built. The last thing you want to have happen is to spend a lot of money having a SaaS application developed only to get a product that does not function properly or not according to your specifications. Andrew works with clients to make sure that the software developer's agreement contains language requiring that the client sign off on all drawings, wireframes and schematics. Andrew also saw first-hand how the whole software development process comes together with the developer reaching milestones or certain phases where pieces of the software are finished such as the front end and back ends.
And, Andrew has also personally raised capital for his startup and closed four financing rounds. Andrew also met with and spoke with dozens of potential clients and investors, including VC's. Why is this important? It's because inevitably SaaS startups will seek out investors and Andrew can provide guidance about the process from start to finish.
Andrew's experience in building a SaaS startup has been priceless. Clients seek Andrew out not only to help them draft SaaS contracts and agreements but also to help them build and scale their companies. Andrew, because of his own startup experiences also helps clients understand the differences between recurring and non-recurring income. Recurring income is your company’s steady group of customers that renew their contracts year after year. Non-recurring income is something that is short term or purchased one time such as buying movie tickets or some groceries. Perhaps a SaaS vendor holds an event and gets five customers out of it. There is no guarantee that these customers will be recurring income. Please read Andrew's article on SaaS Startup Tips. https://saas-lawyer.com/saas-lawyer-1/f/saas-startup-tips
Information Technology (IT) Agreements
Andrew is also highly experienced in technology-centric business transactions and licensing in the ever-evolving and growing IT landscape. When legal issues are formed by complex technical factors, Andrew has the ability to understand his clients’ business goals and needs.
Andrew thinks like an entrepreneur with practical solutions because he is an entrepreneur having also built and scaled a SaaS business with partners. Andrew understands his client’s business and market needs to provide efficient, cost effective and responsive legal services. Andrew understands that technology and software companies need more than just legal services to be successful, so he maintains contacts with seed, angel and VC investors and other professionals in the capital financing industry. Andrew also offers flexible, flat rate billing arrangements for start-up and emerging growth companies and entrepreneurs.
No matter if it’s software, SaaS, e-commerce, cloud, mobile, hardware or some other IT subsector, the ever increasing fast pace of innovation and change can seem dizzying for some and a welcome opportunity for others. Andrew embraces the challenge.
Across an array of industries, Andrew helps businesses develop, commercialize and protect company intellectual property assets, and identify possible risks associated with licensing such assets. Andrew regularly counsels his clients with strategic business model analysis, technology development (alone or in conjunction with joint venture or partner companies), intellectual property (IP) protection and commercial transactions.
Areas Represented
· Health information technology
· Block chain
· E-commerce and new media
· Internet-of –Things (IOT)
· IT and outsourcing services including cloud migration
· IT equipment and computer hardware manufacturers
· Software application developers, including internet and mobile apps
· Big data and data analytics providers
· Non-IT companies procuring mission-critical IT assets and services
· Artificial intelligence
· Payment systems
In today’s highly competitive global marketplace you need a strategic legal advisor that possesses a deep understanding of the underlying business and legal issues driving change and opportunity in an array of sectors. Andrew has that understanding and leverages it to deliver innovative and pragmatic legal solutions for a wide range of clients across the IT ecosystem from startups companies to investors to multinational corporations.
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Intellectual Property Licensing Agreements. IP Licensing Agreements can provide revenue or strategic access to the valuable assets of others. They can also help companies seeking to get into new markets. Entering into agreements with third parties such as vendors, employees and competitors can sometimes be necessary to limiting exposure to legal conflicts or lawsuits. Andrew negotiates and drafts contracts that license the use of intellectual property. Andrew can help your company create effective IP licensing strategies, draft and review critical agreements and help walk you through complex negotiations.
Andrew assists his clients in developing intellectual property (IP) strategies, raising capital, acquiring and selling technologies and companies, and developing valuable strategic partnerships. Andrew reviews and prepares a wide range of technology, licensing and vendor agreements.
Andrew’s wide range of technology clients reflect the diverse reach of intellectual property. Andrew’s clients range from single entrepreneurs either developing technology or getting startups off the ground with valuable IP. Andrew also helps SaaS, software and cloud vendors seeking to license valuable IP in the form of services, solutions, applications and platforms.
Andrew regularly represent clients throughout New Jersey and the United States. Regardless of your company’s size, location or industry, Andrew can develop a tailored, value-added, cost-effective approach to fit your business needs.
Andrew helps identify, protect and exploit, trade secrets and valuable software and technology applications. Andrew’s focused experience often yields value from frequently overlooked intellectual property, such as, business processes, trade dress and contract networks.
Andrew’s law firm offer a full range of intellectual property services, including:
• IP Asset Management
• IP Sales and Transfers
• Licensing
• Trade Secret
Andrew can help in drafting, negotiating, structuring and licensing contracts for many different types of IP Agreements. Andrew can also draft IP language for employment and vendor agreements, including for indemnification.
Andrew creates ongoing relationships with his clients through conversations to help simplify and understand intellectual property (IP) legal issues. Andrew’s door is always open to his clients to discuss IP licensing strategies that into their business strategies.
Andrew also helps startups think about how to best position themselves when approaching, meeting with or pitching investors. Although you need to have a great product that offers exceptional value in the marketplace and demonstrate to an investor that your team can execute flawlessly on a business plan there are other intangibles that you need to knock out of the park when you eventually meet with investors.
You need to be prepared when you meet with an investor. Be over prepared if anything. This includes creating a sales or pitch deck which contains financial projections for sales, costs, expenses and revenues. You have to remember that an investor can lose interest very quickly. If you hand them a 50 page sales deck or 100 slide pitch deck they are not going to be happy and likely will lose interest. You have to think of an investor as a child with no patience who has a limited attention span. So when you are presenting make your points and be concise about it. Don’t waste an investor’s time with endless diatribe about the finer points of your company. And, know your financials inside and out. The last thing you want to have happen is to be stumped on a question about sales projections in Q3 of next year. The bottom line is don’t wing it.
You also need to leave your ego at the door. Unless you have successfully exited from other startups and are well know in your industry the only person in the room with an ego should be the investor.
You need to be able to tell a clear and compelling story to investors about why companies will want to use your product.
You need to be able to demonstrate who your target customer is and how you are going to effectively market your product to these prospective customers.
The team. The investor needs to get a picture of each team member and what they bring to the table. Remember, it’s the investor’s money that is going to fund your salaries.
Perhaps most important is if you can’t demonstrate how you are going to make money and a healthy return on the investment you will never get funded.
Recurring income is the backbone of SaaS based Subscription companies. If a SaaS company does not have a steady stream of good customers generating recurring income it is likely this company will not survive. The advantage of having recurring income is that it gives the SaaS vendor the ability to predict future earnings with more accuracy. A smart SaaS vendor can calculate recurring income with metrics such as churn rate and user growth rate to get a better understanding of the company’s future income. This predictability is priceless for a SaaS vendor going through a capital raise as it will be able to demonstrate to investors its track record for growth. Please read Andrew's article on Recurring Income https://saas-lawyer.com/saas-lawyer-1/f/why-recurring-income-is-so-important-for-saas-vendors
When Andrew is counseling clients through a SaaS deal his strength is the fact that he has experienced the same things as General Counsel for his own SaaS startup in negotiating enterprise deals globally. What most SaaS startups don't understand because of lack of experience is that getting an enterprise SaaS deal done takes more than just having a great product that the client wants. What it takes is the ability for the SaaS startup to identify the key individuals in the client's business who not only love your SaaS product but will also advocate inside their own companies to get the deal done. Please read Andrew's article on what to know before negotiating a SaaS enterprise deal https://saas-lawyer.com/saas-lawyer-1/f/what-to-know-before-negotiating-saas-enterprise-agreements
What are some of the other reasons that SaaS companies look to hire Andrew to represent them with legal matters such as Delaware Incorporation, issuing founder and investor stock and negotiating SaaS Enterprise deals. Not many lawyers like Andrew have spent a considerable amount of time wearing two hats. The first hat is that of SaaS lawyer and the second hat is that of a SaaS entrepreneur. While Andrew has worked on many SaaS deals for his clients he has also spent thousands of hours creating and building a SaaS business with partners where he has rolled up his sleeves and personally gone through every aspect of the SaaS Enterprise marketing and sales processes with respect to trying to get Enterprise customers to use a SaaS product and actually being able to close the deal. It is no easy task getting a SaaS enterprise deal from start to finish and this is where Andrew's experience as both a SaaS Lawyer and SaaS entrepreneur comes in handy. Please read Andrew's article on some legal issues to be aware of in negotiating SaaS Agreements https://saas-lawyer.com/saas-lawyer-1/f/saas-legal-issues
Andrew’s clients seek his advice and counseling when it comes to negotiating SaaS enterprise contracts. While early stage startups with momentum can typically rack up a bunch of contract signings quickly if the customers are small and not enterprise level. The vendor however quickly learns that when they start to deal with enterprise companies that they will not accept as written certain terms and conditions in the vendor’s agreements and they will demand that these contract terms be re-written. Please read Andrew's article on How To Attract Enterprise SaaS Customers https://saas-lawyer.com/saas-lawyer-1/f/how-to-attract-saas-enterprise-customers
Sometimes, the enterprise customer demands that the vendor negotiate their form of agreement. This is because enterprise companies typically have an in-house counsel whose only job is to review SaaS vendor agreements and pick them apart to get the best language possible for the company. As such, Andrew helps SaaS vendors prior to entering into SaaS enterprise contract negotiations to understand the mind set and thinking of enterprise companies and how to best approach the contracts negotiations process.
Typically, SaaS vendors have language contained in their customer agreements whereby they accept virtually no liability for the customer to use their product, application or service. Same goes with warranties. When SaaS vendors are dealing with companies not on the enterprise level they typically negotiate very few terms in the vendor agreements simply because they don’t want to pay a lawyer to review the contracts. Or, they might not understand any of the liability issues related to data security, protecting the customer's sensitive data and confidential information and privacy concerns. Or, they might not be aware that the vendor has outsourced the hosting and serving of its application to a third party cloud managed services provider. Please read Andrew's article on SaaS Data Security Protection https://saas-lawyer.com/saas-lawyer-1/f/saas-agreement-data-protection-cyber-security-issues
One of the biggest issues that SaaS vendors will have to compromise on is the limitations of liability paragraph. Enterprise companies will demand that SaaS vendors take on more liability then when contracting with a smaller company. Enterprise customers will also demand more robust warranties and a Service Level Agreement that includes integration, maintenance, support and a guarantee that the SaaS Service will be available and up and running for a guaranteed minimum period of time.
Enterprise customers will almost always demand that vendors indemnify them for the vendor’s use of a 3rd party cloud managed services provider which hosts, serves and maintains the vendor's products. Most SaaS vendors with enterprise customers outsource the hosting and serving of their applications with the well-known ubiquitous cloud managed services providers. Smaller customers who contract with SaaS vendors typically don’t understand the issues of liability and data security that surround the use of SaaS applications and as such don’t demand that vendors assume the liability or step in the shoes of their cloud managed services vendor when it comes to liability.
On the flip side, an enterprise customer will typically demand that the vendor accept liability for any breach or error in delivery, loss, damage or interruption to the Subscription Service caused by the third party cloud managed services provider during the time the agreement is in effect between the vendor and customer.
Another issue that comes up in enterprise contract negotiations is insurance. Every new client that Andrew speaks with he advises that they must obtain general liability and errors and omissions insurance to cover things such as cyber attacks, data breaches and the customers’ losses in the event there is a breach or attack. Most early stage startups don’t realize that enterprise companies will not use their applications unless they get coverage for auto, workers comp, general liability and errors and omissions insurance and sometimes they also require the vendor to purchase an umbrella policy. Also, don’t be surprised if enterprise customers require the vendor to have limits of no less than $3 million. All of these coverages including the possibility of having to do a security assessment could cost $20,000 in total.
Another area that Andrew assists both SaaS customers and vendors with is the return of customer data in the event the vendor agreements ends, is terminated or a party breaches the agreement. This is one of the issues that the parties should work out in the agreement so that there is a clear plan in place to return the customer's data in an agreed upon format. Please read Andrew's article on the return of customer data https://saas-lawyer.com/saas-lawyer-1/f/negotiating-the-return-of-customer-data-in-saas-agreements
Another area that might be raised by an enterprise customer in contracts negotiations is demanding that the vendor undergo a completed security assessment by a third party and also provide the results of such an assessment and any status of any remediation to the enterprise customer. Not only could this take upwards of 90 days to complete it could also cost the vendor the sum of $20,000.
Some other issues that could arise in SaaS enterprise negotiations are:
1. What data security/privacy protections does the SaaS vendor have in place?
2. How often does the vendor back the customer’s data up?
3. Does the SaaS vendor have multiple backup data centers in different geographic locations?
4. Can the customer retrieve its data from the vendor's servers to backup on its own computers?
5. If the customer terminates the Agreement what does the vendor do with the data and how much time does the customer have to backup that information? There should be language in the agreement that details how the customer can export its data from the vendor.
One of the biggest impediments that Andrew had to overcome in trying to sell SaaS software to the Enterprise was being able to identify individuals that work for the prospective Enterprise customer who make the decision whether or not to use a SaaS product or not. While trying to sell SaaS software to the Enterprise Andrew spoke to many individuals in many different Enterprise companies who loved his company's product and wanted to use it but these individuals didn't have the decision-making capacity to get their companies to use the product. It was only after taking a deeper dive into the entire SaaS software marketing and sales process and what methods and techniques would work best to sell to the Enterprise that Andrew was able to effectively identify certain markers in Enterprise companies that enabled him to shorten the process of identifying those crucial key decision-makers who would get his company’s SaaS product into their company and shorten the sales process.
One of the biggest advantages Andrew has over other lawyers is his boots on the ground SaaS company experience in spending thousands of hours marketing and selling software to the Enterprise. There is not a week that goes by where a client does not contact Andrew to discuss the frustrations with trying to sell software to the Enterprise and asking Andrew to lend his experience and come up with a solution.
Another issue that some SaaS startups have a hard time grasping is that unless you are a known commodity, have successfully exited from other startups and have investors drooling to give you money for your new venture your stock in an early stage company is worthless. It’s not worth anything unless you achieve success and investors want in on what you’re doing. However, your stock is a commodity that could be used to attract talent to your startup that otherwise you could not afford to pay with cash or salary.
All too often startups hoard their stock like it is a priceless diamond believing that even without a product or achieving any sales that their equity is worth a ton. Your stock is only worth something until someone puts a value on it and unless an investor comes along and gives you money thus creating a valuation your company is worthless. With that said, there are plenty of entrepreneurs with solid skill sets that want to join startups and can make huge contributions.
Take for example a startup that needs software developed. Would it be worth it for a startup to give a developer 5% of the company’s equity in exchange for developing its software product with half the stock let’s say vesting over three years. If the developer can create the product and the startup doesn’t have the cash to pay them then absolutely it’s a great deal. On the open market a startup would have to pay a developer a ton of money in the USA to create a web based product and most startups don’t have that kind of cash.
If you’re in a cash strapped startup you have to be thinking about how to get your product developed in the shortest amount of time and then get it out to market. Unfortunately, a large percentage of startups are created with little to no money and have absolutely no means to go and raise cash. Specifically, a SaaS company between hiring a developer to create a full blown cloud web based application with API and marketing and selling the finished product to customers could spend 150k to 200k. This doesn’t include monies for salaries, rent, insurance, severs, travel, entertainment and attending conferences.
One of the biggest issues for any SaaS startup is the fact that at some point that unless they can keep raising money they will run out of funds. All too often startups don't realize that it's not enough to just develop software but that you have to keep adding to it fixing it and making sure that it works properly. What happens all too often in Enterprise deals is that there are too many chefs in the kitchen and you're dealing with different personalities in each Enterprise company and these personalities might be at odds with one another. For example, there might be an executive in a particular company that wants certain software development work done to your software before it goes live so that your software integrates better with the customer's platform. However, in the same company there might be another executive on the same level who does not want to spend any money and wants your software to go “as-is.” You need to find a balance between these two Executives and figure out the right approach to make both individuals happy and get your software up and running as quickly as possible.
The biggest mistake your SaaS company can make if you have limited funds is to agree to make substantial software development changes to your product to appease a potential customer if the customer is not going to either pay for these developmental costs or in exchange for your company eating these costs the customer is willing to sign a long-term deal let’s say for 2 years. The bottom line is that when you are negotiating enterprise deals it's simply not enough to get the deal done. Rather, you have to make a deal that makes good business sense for your company.
Another issue that startups discuss with Andrew is the need for insurance. While a startup that has incorporated enjoys certain liability protections under the law such that personal liability will not attach to the individual startup owners if the company is sued unless they have committed fraud or some other intentional act without insurance if the company is sued it’s only a matter of time until it goes out of business.
It’s a pretty simple equation. Most startups don’t have enough funds to pay next month’s expenses let alone afford six figures for an attorney to defend it in a lawsuit or pay an award of damages or a judgment. Thus, any startup that is sued that doesn’t have insurance will likely go under.
That’s why Andrew advises every client that before they pull the switch and let any customer test or use their software that they first need to obtain a sufficient amount of insurance which should include general liability and errors and omissions insurance and an umbrella policy.
What are some of the other reasons SaaS startups seek Andrew's legal advice? For starters Andrew’s SaaS business was a Delaware C corporation and because Andrews did most of the corporate legal work for the C Corp he understands the relationship between building a fundamentally sound company that executes on all cylinders and the financial side of the company which issues stock to co-founders and investors stock is continually trying to raise additional monies for investors.
One of the things that Andrew helps SaaS, software and cloud startups with is the need to surround themselves with experienced board members and advisors. There are moments in every startup where critical advice is needed on things such as product development, raising money, and go to market strategies and engaging with enterprise customers and it’s prudent to seek such advice from trusted advisors.
You can put this into the context of software development. Let’s say you’re developing a SaaS application and it will cost 150k which includes an API. There is no room for mistakes in what you are doing. The finished product from a back end and front end user experience must be perfect. You know what you want to have built but wouldn’t it be great if you could count on a trusted advisor who has sold SaaS products in your industry and understands what features and functions enterprise customers want in a product. Of course, it would be fantastic to have this kind of insight and analysis from an industry leader.
That’s why when you are about to start on your journey and create a SaaS product do yourself a favor and reach out to meet or speak with as many professionals as you can who have either done the startup grind or have been there and done that and sold SaaS products in the very industry that you are in.
Don’t embarrass yourself by asking someone who could be considered an advisor to join your company in exchange for stock. The chances of this happening are slim. Advisors have gotten to the point in their professional careers where they are not “involved” in startups as an owner per se. Rather, they like to mentor and help startups at critical moments when tough decisions need to be made.
Another issue that SaaS startups ask Andrew about is how to properly structure a Delaware C Corp in terms of how much stock should co-founders get and should any of this stock vest over time and for how long.
Andrew tells SaaS startups that the moves they make in the initial stages of the company with issuing stock to founders could very well determine the success of the company and their ability to attract investors.
Startups, before issuing stock to co-founders need to put themselves in the shoes of an investor who is thinking about making an investment in their company. For starters, the investment is risky. There is no product yet; just a concept. The team within the company is assembled but there is little to no money to get this thing going. Should the startup issue all of its outstanding stock to the co-founders? Do you think this will attract a serious investor? Absolutely not. The last thing a startup should do in desperate need of investors is dilute the company of all its stock so that if an investor comes in additional stock will have to be issued. The founders should own collectively 51% of the equity in the first round so that they control the company leaving enough stock in the company to be issued to key hires and investors.
Should the startup require that the founders’ stock vest over time, let’s say for three or four years? Absolutely, the founders stock should vest over time. Why would an investor put their hard earned money into a company if the founders owned all of their stock with no strings attached to it? Would you invest in a startup knowing that a key founder could quit tomorrow and take all of their stock with them? The answer is probably no. Investors want co-founders to have no incentive to leave the company. If a co-founder quits in month five but his stock doesn’t fully vest until the end of the fourth year the founder is leaving the company with just a small percentage of the stock that was issued to him.
One of the biggest takeaways that Andrew hopes his clients get from his experience is the fact that unless you have successfully exited from multiple startups and you've made a name for yourself on the street that whatever you have created chances are even if you have a great product investors will always be skeptical because you're essentially an unproven commodity.
With that said Andrew is always telling his early stage SaaS clients that they should leave their egos at the door and not issue all of the stock to themselves up front and that the stock should invest over time. Why is that? The reason being is that a startup will never attract serious investment money if the co-founders take all the stock up front leaving no stock to issue for key hires or investors. And, another turn off to investors is if the co-founders fail to have their stock vest over time. Look at it this way. If you are a serious investor who understands how to build and grow SaaS companies and a startup comes to you looking for money and you find out that the co-founders have issued all the stock up front to themselves and none of the stock vests over time for what possible reason would you invest in this company? The reason being is that the co-founders essentially own all of the company’s stock and they have no skin in the game in that they can leave whenever they want to and this is a huge risk for any investor. Please read Andrew's article on how to attract smart money investors https://saas-lawyer.com/saas-lawyer-1/f/how-can-a-saas-startup-attract-smart-investors
Andrew spends a considerable amount of time counseling entrepreneurs about the lack of resources they can expect to find when they join SaaS and software startups. Individuals who are coming from both a structured college environment and the workforce who join a startup can find it unsettling because of the lack of resources. When you work for a decent size company you have at your disposal resources such as IT and tech support, HR and other employees to help out with projects.
It’s not that way at a startup unless it has plenty of funding to spend like a big company. Even with a decent amount of funding every penny is counted on a line item in a budget.
You also need to be aware if you are joining a startup is the lack of structure. While most people who work for large companies don’t like to be bossed around or micro-managed there is some level of comfort with a hierarchy and levels of management and goals and performance evaluations. If you join a startup chances are it will have very little in the way of structure with the exception of job titles. Startups move so quickly sometimes that the goal for one week might be achieved in a day or a sales pitch to a prospective customer might switch gears quickly due to changing industry conditions. And, because startup employees typically work alone or are on their own island sometimes there is the feeling of isolation with not much praise or feedback.
Entrepreneurs going into startups should also be aware of the financial uncertainty that comes with joining early stage companies. There is a possibility at any time during the first year of employment that you can get fired for things such as the startup running out of funding or the big contract that the startup was supposed to get didn’t materialize. Or, it’s possible that you’re working really hard but your area of the startup is falling behind the others and the company decides to cut its losses and fire everyone in your area.
Another issue that individuals joining startups need to be aware of is that salaries and for that matter any kind of compensation can vary greatly from company to company. Sometimes, you might get a job offer that’s just all stock with no salary until the company can hopefully pay a salary if it gets funding. You might be leaving a job with good pay and benefits and while no job is guaranteed at least it is steady. The opposite rings true with a startup.
Another thing that people have a hard time adjusting to in a startup is the need or the pressure to work all the time. If you have a high pressure job and work crazy hours chances are you are paid well, have great perks and can take frequent vacations. You need to be prepared with a startup lifestyle that there are not many days off, practically no vacations and very little in the way of perks. It’s a tough life being in a startup. You are expected to work long hours including weekends. If you are married with kids it will disrupt every part of your life with your family including dinners, social occasions and to having to postpone vacations. What’s the reward for this lifestyle? The chance that your company makes it big and your stock is actually worth something.
What are some other things you should be aware of before joining a SaaS startup?
If you’re a founder of a SaaS startup you will be taking on huge financial risk. If you can’t raise investor funding or from friends and family you need to be prepared to tap your savings. Some people dip into retirement savings or mortgage their homes. This is a huge decision which carries some serious risks if your startup fails and you have no way to repay this debt.
Company culture. Once you have more than one person working for the company you should create a written list of your company’s common core values and practice them. Having written defined values will make your company more focused and aligned with your goals and might help you attract great talent.
Know who you want to help. Figure out your target audience and then build your product and business based on the problems your customers need to solve. If the problem goes away you still have these customers and you can pivot and hopefully solve another problem for them.
Your company’s mission matters. Your company needs to have a defined mission. Everyone that works for the company should be able to articulate the mission of the company. Customers want to know that your company is disciplined and focus on solving certain problems.
Your value proposition is how your mission helps people. What does your company do that makes life better for people or makes their jobs easier in the workplace? Will it increase their customers’ bottom lines or help them get customers? Perhaps you have created a SaaS application that makes HR functions easier. You need to make sure that everyone in the company understands what your value proposition is.
Spend like a miser when it comes to your financial resources. The lesson here is to be thrifty with your money. Use shared work spaces until you absolutely have to move into your own office. Don’t pay attention to other entrepreneurs and how they are living the good life.
Know what your costs are for adding features to your SaaS product or application. If you are a SaaS entrepreneur human nature dictates that you would love to over develop your product and build every possible feature into it. The downside is that you might not have a handle on what the costs are going to be once customers use the feature. Hypothetically, what if the new feature requires a lot of bandwidth for data storage or usage. You need to get with your third party cloud managed services provider and understand what each of these costs are going to be so you can properly charge your customers.
Andrew also helps SaaS Vendors located in the USA who are dipping their toes into attracting customers in Europe and need legal advice about drafting and implementing Data Processing Agreements to be compliant with the EU's General Data Protection Regulation (GDPR) Law which protects the data of EU residents. Please read about how Andrew drafts Data Processing Agreements https://saas-lawyer.com/data-processing-agreement
Andrew always charges clients well priced flat rate fixed legal fees packages.
Andrew can help you no matter what your SaaS legal needs are today or in the future.
Andrew also provides legal advice and services to Software, SaaS and Cloud companies related to licensing, enforcement and acquisition and monetization of intellectual property and trade secrets.
Andrew’s software, SaaS and cloud licensing law practice consists of:
· Development and distribution of technical products, including licenses and OEM, VAR, distribution, strategic alliance and joint venture agreements.
· Protection of confidential information, trade secrets and other IP by contract, including software development agreements, licensing agreements, support and maintenance agreements, including SLA’s, confidentiality agreements, and non-competition agreements and NDA agreements.
· Licenses and assignments of trade secrets and computer software including licenses and assignments in business acquisition deals, and enforcement of licenses and assignments.
· Establishment of rights to intellectual property (IP) as collateral in commercial deals and transactions.
· Drafting and negotiating executive compensation packages, employment agreements, independent contractor agreements, termination agreements and work-for-hire agreements.
· Drafting and preparing stock option plans (ESOP).
Andrew also provides legal advice to companies to solve complex software issues and problems that arise in corporate transactions. Andrew negotiates and memorializes the terms in a variety of transactions, including software and intellectual property (IP) licensing, managed services, employment, stock purchases, outsourcing and supply agreements.
Andrew is focused on providing value and ensuring that his clients achieve their business objectives and goals. Andrew has experience working with managed services providers, financial institutions, energy companies, technology companies, health care providers and manufacturers.
Andrew also helps companies draft and negotiate cloud computing contracts and agreements. Companies recognize the benefits of cloud computing which are low upfront and maintenance costs, utility billing, on-demand scalability and ready access to enterprise-level software which represents clear advantages for any company.
Andrew also provides legal advice to SaaS, Software, Cloud and Technology companies such as software developers and IT managed service providers. Andrew assists health tech providers with protecting their intellectual property rights when enabling clients to remotely access their applications via the web.
Andrew provides experienced legal advice and services to clients related to implementing Master Services Agreements (MSA) and Service Level Agreements (SLAs).
SaaS Healthcare Technology Transactions Lawyer Andrew S Bosin LLC focuses on legal advice related to SaaS, software and intellectual property licensing & health tech transactions. Andrew represents startups, entrepreneurs, SaaS application developers, providers, licensees and end-users including healthcare and health tech startups, health care providers, health networks and local physician practice groups.
Andrew provides legal advice to clients to assist them with entering into agreements to connect and share patient information securely through a health information exchange which invokes HIPAA and The Health Information Technology for Economic and Clinical Health (HITECH) Act.
Andrew drafts & negotiates Healthcare End User License Agreements (EULA), Partnership Agreements, Subscription Agreements, Master Service Agreements, Reseller Agreements, Business Associate Agreements and Service Level Agreements (SLAs). Andrew also structures agreements that protect personal health information under HIPAA and helps vendors, providers, startups, enterprise companies and customers to avoid certain liabilities relating to privacy and protecting and securing data from cyber theft.
Andrew understands the legal needs of SaaS healthcare and health tech startups better than most SaaS Lawyers. This is because Andrew is also a SaaS entrepreneur and the company he started with partners was issued a patent in 2017.
Andrew represents SaaS companies located in Brooklyn, Chicago, Boston, Connecticut, San Jose, San Diego, Silicon Valley, Austin, Dallas, Fort Worth, Houston, San Antonio, Texas, Maryland, Columbus, Cleveland, Ohio, Denver, Boulder, Salt Lake City, Los Angeles, San Francisco, California, New York, New York City, Indianapolis, Raleigh, Charlotte, Nashville, Phoenix, Miami, Tampa, Jacksonville, Orlando, Florida, Atlanta, Seattle, Philadelphia, Delaware, Memphis, Washington DC, Kansas City, St. Louis, Missouri, Vancouver, Toronto, Dublin, Ireland, London, UK, England, Amsterdam, Oslo, Stockholm, Helsinki, Copenhagen, Paris, Madrid, Barcelona, Spain, Rome, Prague, Berlin, Tel Aviv, Cape Town and Hong Kong.
Andrew also helps clients protect SaaS applications, solutions and software source code from developer theft. Andrew reviews and negotiates SaaS software development agreements with developers on behalf of SaaS startups and vendors. Andrew protects clients against risks and potential liabilities associated with developer's creating SaaS applications and solutions and the possibility of them stealing client intellectual property or failing to give clients access to their code or intellectual property when the development is finished.
Andrew also represents HESaaS Hardware Enabled Software as a Service SaaS Companies, Vendors and Startups. Andrew specializes in providing sophisticated legal advice on issues pertaining to SaaS Internet of Things (IoT) devices that transmitting machine data to the cloud for more efficient inventory management and product merchandising analytics. You want a lawyer representing you by your side that can work through the issues and close the deal. This is where Andrew’s experience as a SaaS company owner and entrepreneur in his own right sets his legal practice apart from other SaaS lawyers across the USA.
Andrew also represents European SaaS and cloud computing and web based application startups and companies doing business and enterprise licensing deals and transactions in the United States. Andrew is located outside of New York City and provides legal advice and represents startups, technology, SaaS, Cloud, Internet of Things (IoT) and mobile apps companies and entrepreneurs located and doing business in Europe, European, EU, European Union, EMEA, London, Paris, UK, England, Dublin, Ireland, Edinborough, Glasgow, Scotland, Amsterdam, Netherlands, Munich, Berlin, Frankfurt, Hamburg, Germany, Madrid, Barcelona, Spain, Austria, Vienna, Switzerland, Iceland, Stockholm, Sweden, Helsinki, Finland, Oslo, Norway, Zurich, Bern, Geneva, Switzerland, Portgual, Brussels, Belgium, Abu Dhabi, UAE, Copenhagen, Tel Aviv, Herzliya, Haifa, Israel, Turkey, Luxembourg City, Latvia, Riga, Estonia, Denmark, Poland, Warsaw, Lithuania, Budapest, Croatia, Australia, Australian, Sydney, Melbourne, Canberra, Perth, India, Bangalore, Singapore, Tokyo, Mexico City, and Hong Kong, China.
Startup Mistakes Entrepreneurs Should Avoid When Starting Launching a Business. All too often startups fail because entrepreneurs, founders and small business owners make mistakes. What startup mistakes should entrepreneurs avoid when starting, launching, forming or incorporating a new company.
- Don't be afraid to fail - If you are afraid to fail or success on the first go around is the only viable option for you don't bother getting involved with a startup. You will have more failure in the beginning than you know and you should be mentally and financially prepared for it.
- Know your marketplace - I know some entrepreneurs who figure out the end game first and how to sell their company before their technology or software app has ever been built. The lesson is before you build a better mousetrap you better know the value that your product, service or application brings to the marketplace inside and out.
- Leave your ego at the door - No one wants a jerk as a partner. Unless someone brings a serious skill set or tons of money to the table no ego is worth putting up with.
Leading startup lawyer Andrew S Bosin provides legal advice to small businesses, pre-revenue, seed, angel, early stage growth and bootstrapped companies in the New Jersey and New York metro areas and all across the United States. What separates Andrew from most other startup attorneys is that in addition to offering legal advice to clients and practicing startup law, Andrew is also an entrepreneur having started a SaaS business with partners a few years ago.
Andrew provides legal services, assistance and advice and specializes in representing startups, entrepreneurs, founders, seed, early stage growth, bootstrapped, pre-revenue, pre-incorporation companies and small to medium size businesses. Andrew is also skilled and experienced in negotiating startup legal documents and business contracts and agreements including bylaws, founders restricted stock agreements, IP Licensing and Invention Assignment Agreements, board consents, LLC Operating Agreements, term sheets, promissory notes, convertible debt, NDA's, employment agreements and contracts, executive compensation agreements, software licensing and technology agreements, mobile app and software development licensing agreements and SaaS subscription agreements.
#Lawyer for #Cloud #Managed #Services #Agreements #Contracts Andrew S Bosin LLC provides legal advice to startups, licensees, customers and cloud managed service providers in negotiating and drafting #Cloud #IT #Managed #Service #Provider #Agreements and helping protect privacy, data security, personal data and other personal health information protected under the law.
Andrew S Bosin is a SaaS Cloud Internet of Things (IoT) lawyer providing legal advice and negotiating and drafting language in contracts and agreements on data protection, data security, privacy, data breaches, cyber-security and protecting personally identifiable information (PII) from theft. Andrew S. Bosin, Esq. represents clients across the United States, Europe and India from offices located just outside of New York City in Bergen County, New Jersey. Andrew represents SaaS, Cloud Computing, Technology and Internet of Things (IoT) computing companies, vendors, service providers, end users, customers and companies located in New Jersey, New York, Long Island, Illinois, Florida, Texas, Maryland, California, Idaho, Alaska and in Europe in the UK and Amsterdam, Netherlands.
The world is quickly preparing for the attack of objects connected wirelessly to the internet, otherwise known as the Internet of Things (“IoT”).
IoT is defined online as: "the network of physical objects or “things” embedded with electronics, software, sensors and connectivity to enable it to achieve greater value and service by exchanging data with the manufacturer, operator and/or other connected devices. Each thing is uniquely identifiable through its embedded computing system but is able to interoperate within the existing Internet infrastructure."
IoT is quickly evolving into something and it will revolutionize how both individuals and corporations interact with the world. The question remains can we identify, control and contain all of the known legal risks and challenges presented by the Internet of Things? Quite clearly, inventors, entrepreneurs, device and products manufacturers and the enterprise are going to have to deal with all of the privacy and security legal issues in order to leverage IoT, maximize profits and move the world into this new wireless connected reality.
IoT Privacy, Security and Legal Risks
Companies, whether they are manufacturers, third parties or licensees that build, sell, employ, license or depend on IoT devices need to fully understand the privacy, security and legal implications that this new technology presents and how to reduce their risks when users are trusting that the technology won't fail them and compromise their personal data. While the full potential of IoT cannot be fully determined in the present time, those in the know are very concerned that the mass proliferation of IoT devices without well thought out implemented security and privacy measures will result in legal risks and liability for those responsible for developing, manufacturing and licensing of IoT devices, products, applications and solutions.
- Privacy Concerns. The connectivity of IoT devices, objects and products produces tons of data. And, with all of this data being created comes the collection of that data. Companies, some good and bad realize just how valuable this data can be and that the data itself might be more valuable for monetization and profit purposes than the devices. This all widens the scope and the risk of liability, cyber attacks, misappropriation and mis-use of consumer user personal data and information. IoT Security is a growing concern as the Internet of Things becomes more and more in the mainstream and the complex liability issues associated with IoT become a priority for businesses. (IoT) is creating new entry points for hackers and potential cybersecurity threats because with these new internet connected devices also comes the availability of spots along the chain for someone or some entity to hack into the services or software. When IoT is fully implemented, the different types and amounts of potentially personal or private information available to third parties is going to be huge and ultimately poses risks for users as well as companies seeking to collect, store, transmit and use that information.
- Security. As IoT devices and objects start to become an ubiquitous part of our lives seem less in every way security issues will grow right along side the dependence of this new technology. Analogous to the growth of mobile application platforms, IoT platforms and ecosytems by their very design will likely permit hackers to exploit common vulnerabilities of one IoT device platform across many different classes of IoT devices and objects.
Legal Challenges With SaaS, Cloud & Internet of Things (IoT) Data Protection. SaaS cloud services lawyer Andrew S. Bosin provides legal advice to SaaS, Cloud computing and Internet of Things (IoT) solutions providers, application platforms and ecoystems, BI, analytics and big data companies, clients and startups about technology and legal challenges such as data protection, cyber-security, theft and privacy. The pace of technology is moving so rapidly that by the time the SaaS, cloud or IoT application or solution goes from a drawing on a piece of paper to being fully developed the ability to secure and protect data could have changed along with it. The more technology advances deeper and deeper into the cloud with embedded wireless sensors and RFID devices and products the more we need data protection technology to keep up with the solution that has been developed.
SaaS Attorney Andrew S Bosin helps companies successfully understand and negotiate legal issues related to and associated with data security and cyber-attacks in Software as a Service SaaS contracts. Andrew also assists companies in controlling liability exposure, and he has a reputation for closing SaaS deals in a quick and efficient manner without getting stuck in never ending negotiations.
A successful SaaS contract negotiation includes discussing and taking into consideration the numerous possible legal risks, challenges, problems, regulatory issues, liabilities and concerns that could arise and are associated with and related to Software as a Service SaaS Agreements, API Licensing Agreements, Subscription Agreements, Reseller Agreements, End User Agreements, Master Service Agreements, SLA’s, and cloud based computing technology transactions and contracts. These issues can be properly managed by hiring a skilled lawyer with expertise to consult with before entering into negotiations with a SaaS Provider, especially if you are an end-user and this is your first deal. One of the biggest hottest legal issues right now is data protection and how to keep data safe from an intrusive hacking event. Keep in mind that it might not be a bad idea to ask the SaaS Provider whether they maintain errors and omissions insurance to protect and provide coverage from against cyber-attack, cyber theft, data theft, data loss, negligence and copyright or patent infringement.
SaaS Data Security Questions Worth Considering
For the SaaS Provider, most important is building a lasting long-term relationship with the customer/client. The client needs to know during the term of a lengthy SaaS contract that it can trust the SaaS Provider with a level of reliability between could computing company and customer that its data or information is going to be secure and protected. The biggest worry or concern for customers is can the SaaS provider maintain uninterrupted and secure access to its data? Both the SaaS Provider and customer before entering into a SaaS Subscription Agreement should be thinking about the following questions.
What data security/privacy protections does the SaaS Provider have in place?
How often is customer data backed up?
Does the SaaS Provider have multiple backup data centers in different geographic locations?
Can the customer retrieve its data from the Provider's servers to backup on its computer?
If the customer terminates the SaaS Subscription Agreement what does the Provider do with the data, and how long if any does the customer have to backup that information?
The Internet of Things (IoT) poses many obvious benefits to consumers, and has the potential to fundamentally alter the way that consumers connect with technology on many different levels. In all likelihood, at some in the not too distant future the Internet of Things will probably combine the virtual and physical worlds in tandem that today does not seem possible and is difficult to understand. From a security and privacy standpoint, the forecast of a growing wave of sensors and devices into the car, home and even IoT wearables presents distinct complex problems. The more and more a car or home can measure personal observations and share that information in the cloud consumers will probably want more privacy. The other problem presented by IoT devices is that there might not be a security fix yet developed for an application such as a phone charging device and Hackers as we all know usually migrate to popular platforms. That's the reason why there are more risks for Windows users than the Mac. Unfortunately, because of the lack of security developed for Internet connected devices, the possibility for more security intrusions will explode over time as more IoT devices are adopted by both consumers and the enterprise.
So what are the some of the security, privacy, safety and associated legal concerns with the Internet of Things?
Specifically, here are some examples:
- Devices dedicated to improving health or sustaining life being hacked remotely such as a pace maker. I recall years ago my wife's grandfather would put the receiver of the phone on his chest so his physician could regulate his pacemaker. Today, things are a lot more sophisticated and a smart hacker could figure out a way to disable a health sustaining device.
- Fitness trackers that could be sharing information with insecure servers or third parties. Sometimes this is occurring because permission to do so has been granted or through unenforced or unread terms and conditions. The possibilities of this information and what other companies could do with it such as a fitness company or insurance related are endless.
- Hackers could gain access to property if they were able to take control of the phone app that remotely opens garage doors.
- What about someone monitoring a homeowner's gas and lighting habits to determine when they are not home for robbery purposes.
- Taking over IoT devices to deliver malware, spam and DDoS attacks.
- Controlling webcams to spy unbeknownst on victims, for a possible robbery or to take control of a baby monitor.
What about third party corporate espionage? No one really wants to talk about this in the context of the Internet of Things. One company could plant a mole in another company and that person could get access to valuable data hypothetically about user heart rates which the company stealing the data could use to build a better product or sell to a third party.
Please call Andrew for a free legal consultation at 201-446-9643 | www.njbusiness-attorney.com | andrewbosin@gmail.com
Andrew offers low-cost, budget conscious, affordable, cost-effective legal advice and services for startups, cloud, SaaS, Software, mobile apps & IoT companies, vendors, providers, entrepreneurs and startups based or located in the United States, US, New Jersey, New York, New York City, Connecticut, Florida, Texas, Chicago, California, Dallas, Miami, Orlando, Jacksonville, Washington, DC, Philadelphia, Austin, Houston, Phoenix, Denver, Salt Lake City, Utah, Atlanta, Charlotte, Raleigh, Los Angeles, San Diego, San Francisco, Silicon Valley, Provo, San Antonio, Indianapolis, Columbus, Cleveland, Pittsburgh, St. Louis, Kansas City, Nashville, Ohio, Idaho, Alaska, UK, Europe, Amsterdam, Toronto, Paris, Madrid, Rome, Madrid, London and India.
Please call Andrew for a free consultation at 201-446-9643.
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SaaS Attorney reviewing, drafting and negotiating Software as a Service SaaS Agreements and contracts Andrew S Bosin LLC located in New Jersey outside NYC works with SaaS companies, vendors, startups, providers, customers, end-users and developers in all fifty states across US | 201-446-9643 | andrewbosin@gmail.comaS Agreements
SaaS Lawyer Andrew S Bosin LLC drafts and negotiates Master Service Agreements for cloud computing and software as a service (SaaS) deals and transactions for companies, vendors and startups located in all fifty states.
From offices just outside of New York City Andrew helps clients scale their software businesses by drafting smart and effective SaaS contracts and licensing agreements.
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SaaS Attorney reviewing, drafting and negotiating SaaS Subscription Agreements Andrew S Bosin LLC based in New Jersey with offices in the suburbs of NYC represents SaaS companies, vendors, startups, providers, customers, end-users and developers in all fifty states across US in SaaS contracts negotiations | 201-446-9643 | andrewbosin@gmail.com
A great product or application is useless without a well drafted, strong, SaaS Subscription Agreement.
SaaS Attorney Andrew S Bosin LLC drafts and negotiates Subscription Agreements for cloud and software vendors, providers, enterprise companies, startups, end-users and customers in all fifty states.
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SaaS Agreements Lawyer reviewing, structuring, preparing, negotiating and drafting SaaS, software, big data, analytics, health tech, cloud and Blockchain End User License Agreements (EULA), MSA, SLA, Customer, Vendor, Enterprise, Reseller, Services and Sales Agreements reach out to SaaS Agreements Lawyer Andrew S Bosin LLC at 201-446-9643 | andrew@saas-lawyer.com | Andrew represents SaaS startups, companies and vendors located in Nashville, NYC, Baltimore, Philadelphia, San Diego, Washington DC, San Jose, Miami, Cleveland, Indianapolis, Chicago, Austin, Dallas, Phoenix, Boston, Las Vegas, Silicon Valley, Minneapolis, New York, Florida, Ohio, California, Memphis, Jacksonville, Orlando, Tampa, Houston, Texas, Los Angeles, Atlanta, Charlotte, Raleigh, San Francisco and Columbus
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SaaS Lawyer drafting, reviewing & negotiating SaaS MSA, EULA, Subscription, SLA, SOW, Sales, Services, Reseller and Enterprise agreements and contracts for Florida SaaS vendors, companies, startups, resellers, providers, developers, enterprise businesses, licensees and end-users located or doing business in San Jose, Miami, Atlanta, Silicon Valley, Connecticut, Philadelphia, San Diego, Los Angeles, San Francisco, Boston, NYC, Nashville, Cleveland, Columbus, Indianapolis, Chicago, Austin, Dallas, Phoenix, Las Vegas, Oklahoma City, Minneapolis, Florida, Ohio, California, Jacksonville, Orlando, Tampa, Kansas City, Houston, Texas, Baltimore, New York, Hartford, Washington DC, Charlotte and Raleigh | Contact SaaS Lawyer Andrew S Bosin LLC at 201-446-9643 for a free consultation | andrew@saas-lawyer.com
Contact SaaS Lawyer Andrew S Bosin LLC at 201-446-9643 for a free consultation.
SaaS Lawyer drafting, reviewing & negotiating SaaS MSA, EULA, Subscription, SLA, SOW, Sales, Services, Reseller and Enterprise agreements and contracts for Florida SaaS vendors, companies, startups, resellers, providers, developers, enterprise businesses, licensees and end-users located or doing business in San Jose, Miami, Atlanta, Silicon Valley, Connecticut, Philadelphia, San Diego, Los Angeles, San Francisco, Boston, NYC, Nashville, Cleveland, Columbus, Indianapolis, Chicago, Austin, Dallas, Phoenix, Las Vegas, Oklahoma City, Minneapolis, Florida, Ohio, California, Jacksonville, Orlando, Tampa, Kansas City, Houston, Texas, Baltimore, New York, Hartford, Washington DC, Charlotte and Raleigh | Contact SaaS Lawyer Andrew S Bosin LLC at 201-446-9643 for a free consultation| andrew@saas-lawyer.com
SaaS Licensing Agreement Lawyer
SaaS License Agreement Lawyer Drafting Software Contracts
SaaS Licensing Agreement Lawyer Andrew S Bosin LLC located in New Jersey drafts Software License Agreements, Subscription Agreements, Reseller Agreements, Master Services Agreements, End User License Agreements (EULA), Cloud Computing Agreements and Partner Agreements for SaaS, software and cloud companies, startups and customers.
As a SaaS License Agreement Attorney, Andrew helps clients located in all fifty states. To find out more about the differences between SaaS contracts and software licenses please read https://saas-lawyer.com/saas-contracts-lawyer
Whether you are a SaaS vendor, Cloud provider, manufacturer, Enterprise Company or Blockchain developer Andrew can implement a winning strategy for successfully negotiating just about any type of software contract or licensing agreement.
What separates Andrew from other lawyers is that he understands from his own first hand personal experiences how to start, grow and scale a SaaS technology company. This is because while he has been helping software entrepreneurs and technology vendors Andrew has built and scaled a SaaS company he started with partners in 2012.
Andrew represents SaaS, Software and Cloud companies located in New Jersey, New York, New York City, Brooklyn, Atlanta, Chicago, Washington D.C., Long Island, Albany, Syracuse, Boston, Hartford, Providence, Connecticut, Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Houston, Salt Lake City, Portland, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Rhode Island, Boca Raton, Arlington, Virginia, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Jacksonville, Gainesville, Milwaukee, Oakland, Irvine, Rutgers, Albuquerque, Fresno, Newark, Honolulu, Tucson, El Paso, Wichita, Virginia Beach, Jersey City, Hoboken, Boise, Iowa, Alaska, South Dakota, North Dakota, Minnesota, Idaho, Wyoming, Montana, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Phoenix, Denver, Boulder, Ft. Collins, Toronto, Montreal, Edmonton, Calgary, Vancouver, London, Paris, UK, England, Dublin, Scotland, Edinborough, Amsterdam, Germany, Munich, Berlin, Spain, Austria, Vienna, Geneva and Madrid.
Please call Andrew to discuss your SaaS Legal needs at 201-446-9643.
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SaaS Attorney reviewing, drafting and negotiating SaaS Reseller Agreements, SaaS Channel Partner Agreements, SaaS Referral Agreements and SaaS Affiliate Agreements Andrew S Bosin LLC based in New Jersey with offices in the suburbs of New York City counsels SaaS vendors, startups, providers, customers, companies, end-users and developers in all fifty states across US in SaaS reseller agreement negotiations | 201-446-9643 | andrewbosin@gmail.com
A SaaS Reseller Agreement deals with a software services vendor, known as the provider, granting another company, the reseller, the rights (exclusive or not) to enter into a contract with a third party (customer) to provide the provider's services to the third party.
Andrew drafts and negotiates Reseller, Channel, OEM, Affiliate and Channel Agreements for SaaS, cloud and software resellers, vendors and providers.
Brooklyn SaaS Reseller agreements lawyer. Connecticut SaaS Reseller agreements lawyer. Hartford SaaS Reseller agreements lawyer. Boston SaaS Reseller agreements lawyer. Massachusetts SaaS Reseller agreements lawyer. Providence SaaS Reseller agreements lawyer. Albany SaaS Reseller agreements lawyer. Buffalo SaaS Reseller agreements lawyer. Cleveland SaaS Reseller agreements lawyer. Columbus SaaS Reseller agreements lawyer. Boulder SaaS Reseller agreements lawyer. Riverside SaaS Reseller agreements lawyer. Indianapolis SaaS Reseller agreements lawyer. Texas SaaS Reseller agreements lawyer. Ohio SaaS Reseller agreements lawyer. Florida SaaS Reseller agreements lawyer. Houston SaaS Reseller agreements lawyer. San Antonio SaaS Reseller agreements lawyer. New Orleans SaaS Reseller agreements lawyer. Memphis SaaS Reseller agreements lawyer. St. Louis SaaS Reseller agreements lawyer. Kansas City SaaS Reseller agreements lawyer. Oklahoma City SaaS Reseller agreements lawyer. Austin SaaS Reseller agreements lawyer. Dallas SaaS Reseller agreements lawyer. Las Vegas SaaS Reseller agreements lawyer. Portland. Oregon SaaS Reseller agreements lawyer. Toronto SaaS Reseller agreements lawyer. Montreal SaaS Reseller agreements lawyer. New York City SaaS Reseller agreements lawyer. Chicago SaaS Reseller agreements lawyer. Los Angeles SaaS Reseller agreements lawyer. Sacramento SaaS Reseller agreements lawyer. San Jose SaaS Reseller agreements lawyer. San Diego SaaS Reseller agreements lawyer. Denver SaaS Reseller agreements lawyer. California SaaS Reseller agreements lawyer. Phoenix SaaS Reseller agreements lawyer. Seattle SaaS Reseller agreements lawyer. Minneapolis SaaS Reseller agreements lawyer. Milwaukee SaaS Reseller agreements lawyer. Pennsylvania SaaS Reseller agreements lawyer.
Cloud Computing Agreements
A well drafted Cloud Computing Agreement sets forth the terms involving access to a SaaS or software provider's software and infrastructure remotely and typically includes storing the customer's data with the provider.
Cloud Computing Agreements Lawyer Andrew S Bosin drafts and negotiates Cloud Computing Agreements in all fifty states for SaaS and Software vendors, providers, enterprise companies and customers.
Sacramento Cloud Computing agreements lawyer. San Jose Cloud Computing agreements lawyer. San Diego Cloud Computing agreements lawyer. Denver Cloud Computing agreements lawyer. California Cloud Computing agreements lawyer. Phoenix Cloud Computing agreements lawyer. Seattle Cloud Computing agreements lawyer. Minneapolis Cloud Computing agreements lawyer. Milwaukee Cloud Computing agreements lawyer. Pennsylvania Cloud Computing agreements lawyer. Brooklyn Cloud Computing agreements lawyer. Connecticut Cloud Computing agreements lawyer. Hartford Cloud Computing agreements lawyer. Boston Cloud Computing agreements lawyer. Massachusetts Cloud Computing agreements lawyer. Providence Cloud Computing agreements lawyer. Albany Cloud Computing agreements lawyer. Buffalo Cloud Computing agreements lawyer. Cleveland Cloud Computing agreements lawyer. Columbus Cloud Computing agreements lawyer. Boulder Cloud Computing agreements lawyer. Riverside Cloud Computing agreements lawyer. Indianapolis Cloud Computing agreements lawyer. Texas Cloud Computing agreements lawyer. Ohio Cloud Computing agreements lawyer. Florida Cloud Computing agreements lawyer. Houston Cloud Computing agreements lawyer. San Antonio Cloud Computing agreements lawyer. New Orleans Cloud Computing agreements lawyer. Memphis Cloud Computing agreements lawyer. St. Louis Cloud Computing agreements lawyer. Kansas City Cloud Computing agreements lawyer. Oklahoma City Cloud Computing agreements lawyer. Austin Cloud Computing agreements lawyer. Dallas Cloud Computing agreements lawyer. Las Vegas Cloud Computing agreements lawyer. Portland. Oregon Cloud Computing agreements lawyer. Toronto Cloud Computing agreements lawyer. Montreal Cloud Computing agreements lawyer. New York City Cloud Computing agreements lawyer. Chicago Cloud Computing agreements lawyer. Los Angeles Cloud Computing agreements lawyer.
SaaS Attorney Andrew S Bosin LLC represents SaaS startups, vendors and providers in New York City, Washington DC, Cleveland, Columbus, Ohio, Boulder, Denver, Colorado, Portland, Los Angeles, San Diego, Silicon Valley, San Jose, Sacramento, San Francisco, California, Philadelphia, Indianapolis, New Orleans, Atlanta, Phoenix, Austin, Houston, Dallas, Texas, Miami, Orlando, Tampa, West Palm Beach, Jacksonville, Florida, Nashville, Memphis, Tennessee, Raleigh, Charlotte, North Carolina, Chicago and Northern Virginia | 201-446-9643 | andrewbosin@gmail.com
Please call SaaS Attorney Andrew S Bosin LLC for a free consultation at 201-446-9643.
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Software Licensing Lawyer
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Andrew also has experience in revising very complex technology agreements including cloud web based solutions, software development, and hybrid solutions.
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Software Development Agreements Lawyer based in New Jersey drafting and negotiating SaaS, cloud and mobile application development agreements and contracts for developers, vendors and companies seeking to have applications created, built and developed
Software Application Development Agreement Lawyer Andrew S Bosin LLC located in New Jersey helps clients in all fifty states draft and negotiate SaaS application development agreements, software development agreements and mobile application development agreements. To learn more about the legal services offered by Andrew related to SaaS software development please read https://saas-lawyer.com/software-development
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Software Development Attorney Andrew S Bosin LLC based in New Jersey drafts and negotiates software development agreements and Software Development Contracts that are effective to protect the intellectual property rights of both software developers and companies contracted to have software, mobile app and SaaS applications developed.
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Tech startup company, vendor, provider looking for Technology Software Licensing Contracts Enterprise Template Agreements
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Software as a Service SaaS Agreements Lawyer
Software as a Service SaaS Agreements Lawyer Specializing in Representing Software and Cloud vendors, startups, founders, entrepreneurs, developers, customers and enterprise companies in drafting and negotiating SaaS Subscription Agreements, Master Services Agreements, Software Licensing Agreements, Cloud Computing Agreements, Service Level Agreements (SLA) and End User License Agreements (EULA)
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Legal Issues in Software as a Service (SaaS) Agreements and How To Negotiate Key Terms in SaaS Contracts
SaaS Lawyer Andrew S Bosin LLC with offices in New Jersey right outside of New York City represents software and cloud companies and customers in all fifty states.
If your business is thinking about signing an agreement with a SaaS vendor you should consider some of the following legal issues and concerns:
Liability
What if the SaaS application is hacked or the subject of a cyber attack and the customer's sensitive confidential data including credit card numbers or protected health information is stolen or compromised? Is the SaaS vendor going to indemnify and hold you the customer harmless for all the damages you suffer because of the data breach? What if the SaaS application goes down for an extended period of time causing you to suffer economic damages?
Access To Your Company’s Data
There is some downside to using a SaaS application and this is with regard to control of and access to your company’s data. If the services are no longer available for whatever reason because the customer fails to pay the bill or the SaaS vendor goes out of business the customer will no longer have access to the services and will likely lose all of its data.
With regard to a SaaS vendor filing for bankruptcy protection, there is a way around the lack of protection and ambiguity in both the Bankruptcy Code and case law. The contract between the customer and SaaS vendor can still be drafted in such a way that the customer still maintains the ability to access the cloud services provided otherwise by the SaaS vendor.
This is done by drafting software licenses and/or SaaS contracts as licenses to intellectual property to invoke section 365(n) of the Bankruptcy Code. One needs to be cautious to draft the agreements as a present license grant not contingent on some event happening or a future grant. A present license grant would allow the customer to use and access the licensed software and compel the SaaS vendor to provide the software source code, object code, and/or related documentation in the event that the SaaS vendor attempts to reject the SaaS contract under 365(a).
Price/Cost
With traditional enterprise software, an IT department can estimate the cost to purchase the software, install it on its servers and also estimate how much each month it will cost to maintain the software. With SaaS software, because there are so many moving parts, i.e., amount of data stored, number of users and guaranteed performance standards, you should get in writing from the SaaS vendor what your monthly costs are going to be to access the SaaS application.
While traditional software usually charges a one-time fee, the user of SaaS application will most likely pay a monthly fee to access the software. And, unlike traditional software, the SaaS user does not own a copy of the software or have a license to use it.
You should be able to break down monthly costs fairly easily. You need to know approximately how many users will be able to access the application each month and what that cost will be. And, is it a defined, exact number of users that can access the SaaS application with their own log in or can random employees also access the SaaS application at any given time?
Service Level Agreements
An integral component of any SaaS contract is holding a SaaS vendor to a minimum performance standard in connection with the contract. An example is that the SaaS application will have an uptime availability percentage of 99.9%, which means the vendor is guaranteeing that the application will be up and running 99.9% of the time. This performance standard is called the Service Level Agreement (SLA). You also need to have the SaaS contract explain how the performance standard will be calculated.
For example, in some SaaS Agreements the customer is given one day of credit for each hour that the SaaS application is not available. Although the SaaS vendor would likely never provide the customer with this information, you should ask to see documentation demonstrating that the SaaS vendor has the same minimum performance standards from the third party cloud managed services provider that hosts and maintains their SaaS application.
What if the SaaS vendor guarantees in your contract that the SaaS application will have an uptime of 99.9%. However, what if the SaaS vendor in its agreement with the company that serves and hosts its application is only paying for up time of 99.2%. This means that the SaaS vendor is taking a risk that the performance standard or uptime for its application will never fall below 99.9%.
This is just a sampling of legal issues to consider when entering into a SaaS Agreement and by no means an exhaustive list.
Please call SaaS Lawyer Andrew S Bosin for a free consultation at 201-446-9643.
SaaS Agreements - FAQs - What is SaaS?
SaaS is the abbreviation for “Software as a Service”. You may know this as being called “ASP services” (application service provider), software on demand or software subscription. These names all mean the same thing – cloud web based software being made available to users via the Internet.
What is a SaaS Agreement?
A SaaS agreement is the name used for the contract between a SaaS vendor and a SaaS customer which defines the terms by which SaaS software can be accessed. This will usually include a service level agreement (SLA).
Differences between a Standard Software License And SaaS Agreement:
A SaaS agreement is different from a typical software license in that:
· The SaaS customer does not get access to or receive a physical or installed copy of the software;
· There will be no ownership in the SaaS application or product being transferred to the SaaS customer;
· The customer‘s right to use the SaaS product will end upon termination of the SaaS agreement unless controlled by law.
Is a Service Level Agreement (SLA) a Software License?
The answer is No. A service level agreement (SLA) defines the SaaS services being provided by the SaaS Vendor in addition to the right to access the SaaS product. These additional services typically include:
· Hosting of the SaaS product and customer data on a server;
· Customer support whether by telephone, remote access or onsite training and implementation of the SaaS software; and
· Maintenance of the SaaS software.
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Whether you’re a software or mobile application developer or a company that’s paying for software development, you need to protect your intellectual property and make sure the app development project goes smoothly. An experienced software lawyer can structure the right legal documents to protect your intellectual property and legal rights.
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How To Prevent An App Developer From Stealing My Idea
One of the most important things you can do to prevent a software developer from stealing your idea is to not allow any developer to start working on developing your mobile, software or SaaS application unless you have a contract in writing which says that you will own all of the intellectual property (IP) rights to whatever software the developer creates or builds for you.