A SaaS Agreement governs access to cloud-hosted software services, typically under a subscription model. This playbook covers service uptime, data ownership, termination, and liability limitations for cloud-based offerings.
Why This Matters: Without clear processes, disputes escalate, costs increase, and enforceability across jurisdictions may become uncertain.
Negotiation strategy
If you're the Provider:
Ensure the dispute resolution clause aligns with the company's strategic interests by selecting favorable governing law and jurisdiction. Consider including arbitration to minimize litigation costs.
If you're the Customer:
Negotiate for a neutral jurisdiction and governing law to ensure fairness. Advocate for mediation as a first step to resolve disputes amicably.
Essential elements
1
Governing Law
Specifies applicable legal framework.
2
Jurisdiction
Determines where disputes are resolved.
3
Alternative Dispute Resolution
Includes arbitration or mediation options.
Action framework
ACCEPT
Propose edits if the clause does not align with business goals or lacks clarity on jurisdiction.
EDIT
Reject if the clause exposes the company to unfavorable jurisdictions or costly litigation.
ADD
Add language if the clause is missing or lacks alternative dispute resolution methods.
PRO TIP
Always specify both governing law and jurisdiction to avoid ambiguity in dispute resolution.
Example clauses
FAVORABLE
Preferred Arbitration Clause
"Any dispute arising out of or in connection with this agreement shall be resolved through arbitration in [Preferred Location], under the laws of [Preferred Governing Law]."
NEUTRAL
Standard Jurisdiction Clause
"Disputes shall be resolved in the courts of [Neutral Jurisdiction], under the laws of [Neutral Governing Law]."
UNFAVORABLE
Unclear Dispute Resolution Clause
"Disputes will be handled as deemed appropriate by the parties involved."
Fallbacks
High-Risk Projects
For high-risk projects, ensure the clause includes robust arbitration provisions to manage potential disputes efficiently.
International Agreements
In international agreements, specify international arbitration to handle cross-border disputes effectively.
Small-Scale Contracts
For small-scale contracts, consider mediation as a cost-effective first step before arbitration or litigation.
FEATURED SOLUTIONS
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Unlike complex CLMs with long implementations and steep learning curves, DocJuris is built for speed and simplicity. We integrate with your workflow—whether connecting to a CLM or uploading agreements manually—so you're up and running in days, not months.
WEEK 1
CLM Readiness and Design
Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
Install Module
We connect DocJuris to your contract repositories, set up admin and user accounts, and ensure your environment is ready for success.
WEEK 3
Deliver & Test
Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
Launch
We support you in rolling out DocJuris to a pilot group or your full organization—with launch materials, training, and hands-on support to drive adoption from day one.
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.