SaaS contracting carries more strategic weight than most other commercial documents. A single SLA carve-out can shift millions in lost-revenue exposure between vendor and customer. A loosely scoped data processing addendum can convert a B2B SaaS deal into an unexpected regulatory liability. Vircon Legal drafts, negotiates, and reviews SaaS and broader IT contracts for software vendors, enterprise customers, and platforms on both sides of the table.
Our SaaS and IT contracting practice covers:
- Master Service Agreements (MSA) and order forms — both vendor-favorable and customer-favorable drafting
- Service Level Agreements (SLA): uptime credits, exclusion frameworks, force majeure scope, remedy stacking
- Data Processing Agreements (DPA): controller/processor allocation, sub-processor regimes, cross-border transfer mechanics
- Source code escrow arrangements: trigger events, release procedures, escrow agent selection
- Implementation and professional services agreements: scope creep protection, milestone payment design, IP allocation in deliverables
- Cloud infrastructure agreements with AWS, Azure, GCP and similar — review, negotiation, exit planning
- Open source license compliance reviews and SPDX inventory frameworks
- AI-enabled SaaS contract clauses: see our AI & Algorithm Law practice
For Turkish SaaS companies selling into the US or EU, we structure terms that align with both domestic and target-market expectations. For enterprise customers procuring foreign SaaS, we redline vendor paper to insert Turkish law overrides where they matter (KVKK alignment, dispute forum, payment terms). Our integration with technology law, data privacy, and IP teams means every SaaS contract review benefits from full-stack legal coverage.
Frequently Asked Questions
What service levels are market for B2B SaaS?
Monthly uptime of 99.9 percent with service credits as the exclusive remedy is the common anchor, with exclusions for maintenance windows, customer misuse, and upstream failures. The cleanest drafting aligns your SLA exclusions with the cloud provider’s own SLA so you never promise more than your infrastructure does.
Can we cap liability in a Turkish-law SaaS contract?
Between businesses, caps tied to fees paid are generally enforceable for slight negligence — but liability for intent and gross negligence cannot be excluded or limited under Code of Obligations articles 115–116. Carve-outs for data-protection breaches and IP indemnities are where negotiations actually happen.
Must SaaS customer data stay in Türkiye?
There is no general localisation rule, but sector regimes (banking, payments, electronic communications, health) impose residency, and KVKK governs any cross-border transfer — now workable through adequacy decisions and standard contractual clauses notified to the Board. Architecture should be mapped against the customer’s sector before signing, not during their audit.