If you sell an auto-renewing subscription, your SaaS subscription agreement (and the cancellation flow that goes with it) is under more legal pressure now than it was a year ago, even though the FTC’s federal “click-to-cancel” rule was struck down in 2025. Enforcement didn’t stop. It just shifted to older
Short answer: an enterprise SaaS agreement comes down to three linked ideas: get a real commitment in exchange for any discount, decide whether capacity is locked (and how overage works), and keep price and terms linked so concessions are never free. Clients often ask me to help with their enterprise
Short answer: yes. In SaaS negotiations you should keep price and contract terms linked, because once price is settled the customer has no incentive to stop asking for more terms, and you end up giving concessions for nothing. Enterprise customers often want to write their own terms about how they
Short answer: cross-border SaaS sales raise two main tax questions: permanent establishment and place-of-supply rules for VAT and digital services taxes. Both can create an obligation to register and remit tax in a foreign jurisdiction even if you have no physical presence there. The safe contractual move is to shift
Short answer: an enterprise license agreement gives a large customer three things your standard paper does not: flexibility, predictable discounted pricing, and ease of administration. Design it around those, and price it so you are paid for the value. This is an issue near and dear to me, as I
If you negotiate software or SaaS deals, two books will do more for you than any “closing tactic” ever will: Getting to Yes and Difficult Conversations. Both come out of the Harvard Program on Negotiation, and both work on real deals, not just in theory. One of the most important
Short answer: SaaS trust building happens at every touchpoint, and the contract is one of the biggest. A short, clear, sophisticated agreement signals you have done this hundreds of times, which is exactly what makes enterprise buyers comfortable committing. I am a big believer that you have to build trust
Short answer: SaaS customers walk into a deal expecting clear answers on five things — data ownership and exit, security, uptime, price predictability, and liability. If your paper and your sales team address those before the customer asks, you build trust and close faster. SaaS customer expectations are predictable; get
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