Legal Services
SaaS Advice

SaaS (Software as a Service) throws up all sorts of legal issues which differ from those related to installed or hosted software, similarly with Infrastructure as a Service (IaaS) or Platform as a Service (PaaS). In each case, you’re providing access to a service, and the obligations and services are different in nature from licensing, in legal as well as technical terms.

SaaS factors for consideration include:

  • The sharing of the hosted environment
  • The equipment being under the supplier's control, not the customers (and therefore requiring specific service levels and uptimes)
  • The supplier, not the customer, holding the customer's data - with the risk of the hosting environment failing
  • That source code escrow protecting the code but not the data, so a different type of escrow arrangement is needed
  • Revenue is recognised over the lifetime of the service, not principally in advance
  • Licenses are not for stated terms – they are for subscription periods

These issues go beyond software licensing. As the software is held somewhere else, a range of different considerations apply.

Because Berwins Digital has lived through the evolution of different methods of delivery, we have the depth of understanding to advise on the right delivery and commercial model and to ensure that suitable contractual terms apply.

For advice on SaaS, speak to our expert team on 0113 426 6396.

The Team

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Paul Berwin

Head of Digital Law

Paul Berwin is Head of Digital Law at Berwins Digital and offers targeted advice to a global client base of digital and tech businesses. Industry ranked with decades of experience in legal practice, he is one of the foremost authorities on digital law in the North of England.

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Sam Crich


Solicitor, Sam Crich is a member of the Society for Computers and the Law. Passionate about supporting technology businesses to grow, he focusses on commercial contract work with a particular focus on IT and Software law.

Specialist Sectors

With decades of experience supporting technology businesses, Berwins Digital understands that the industry comprises a range of specialist sectors, each with specific goals, challenges and needs. It is this in depth understanding which helps the expert team to offer real value to clients through proactive, targeted legal support.

Legal Services

Digital businesses are unique - as is the mix of legal services they require to thrive. The expert team at Berwins Digital focuses on that mix to offer targeted, sector specific legal advice.

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