Describe the service and user model
Define the product, modules, environments, documentation, integrations, user roles and permitted entities. Distinguish standard functionality from implementation, configuration and custom development.
Implementation and acceptance
If launch requires migration, configuration or integrations, set responsibilities, dependencies, timetable, testing and acceptance. Do not hide a project implementation inside generic subscription terms.
Availability, support and maintenance
Define service levels, measurement method, planned maintenance, exclusions, incident priorities, response targets and service credits. Ensure the SLA reflects the architecture and third-party dependencies.
Subscription fees and changes
State the billing unit, minimum term, renewal, indexation, additional usage, taxes and payment consequences. Product-change rights should allow development without depriving the customer of the material service purchased.
Customer data, GDPR and security
Allocate controller and processor roles, add the required processing terms and address data location, subprocessors, security measures, incidents, backups, export and deletion. Separate ownership of customer data from permission to process it.
Intellectual property and third-party components
The provider normally retains the platform and grants a limited access right. Address customer materials, feedback, custom elements, open-source or third-party services and restrictions on reverse engineering or misuse.
Liability and warranties
Define product commitments, exclusions and remedies and set proportionate liability caps and carve-outs. Consider data loss, confidentiality, IP claims, regulatory issues and dependencies outside the provider’s control.
Suspension, termination and exit
Set objective suspension triggers, notice and cure rights. On exit, define the export format and period, migration assistance, deletion, continued read-only access if any, fees and provisions that survive.
Contract architecture and online changes
Align the order form, master terms, SLA, DPA, security schedule and product policies and establish precedence. Preserve evidence of the version accepted by each customer.
How the issue appears in practice
Hypothetical example: subscription terms without an implementation scope
A customer purchases the platform expecting data migration and three integrations. The provider treats those tasks as additional services because the order form lists only licences. A scoped implementation schedule would have avoided the dispute.
Matters to determine or verify before proceeding
- Describe the service and user model
- Implementation and acceptance
- Availability, support and maintenance
- Subscription fees and changes
- Customer data, GDPR and security
- Intellectual property and third-party components
- Liability and warranties
Key issues at a glance
| Issue | Key information |
|---|---|
| Describe the service and user model | Define the product, modules, environments, documentation, integrations, user roles and permitted entities. |
| Implementation and acceptance | If launch requires migration, configuration or integrations, set responsibilities, dependencies, timetable, testing and acceptance. |
| Availability, support and maintenance | Define service levels, measurement method, planned maintenance, exclusions, incident priorities, response targets and service credits. |
| Subscription fees and changes | State the billing unit, minimum term, renewal, indexation, additional usage, taxes and payment consequences. |
| Customer data, GDPR and security | Allocate controller and processor roles, add the required processing terms and address data location, subprocessors, security measures, incidents, backups, export and deletion. |
Legal basis
- Polish Civil Code of 23 April 1964
- Polish Copyright and Related Rights Act of 4 February 1994
- Polish Consumer Rights Act of 30 May 2014
- Polish Entrepreneurs' Law of 6 March 2018
- Polish Act of 6 March 2018 on participation of foreign entrepreneurs and other foreign persons in economic activity in Poland
This article provides general information and does not constitute legal advice for a specific matter. The appropriate solution depends on the facts, documents and business objective.
Summary
A reliable SaaS contract mirrors the product, implementation and data lifecycle. The order form and online terms must work as one contract and provide a usable exit route.