In many software development agreements, the customer has to
accept the software before the contract is complete. If the
product is not acceptable, the parties have a contractually
described way to address issues before final payment is due.
However, in software-as-a-service (SaaS) transactions, SaaS
providers often argue that the SaaS is available upon execution of
an agreement and software delivery and acceptance is not
required.
Although physical delivery of software is not necessary for
SaaS, delivery is still an important issue to address. A business
needs to ensure that the proper access credentials are delivered in
accordance with the terms of the agreement. Businesses should not
start paying pursuant to the agreement until it can verify that the
access credentials have been delivered and enabled with the
appropriate level of access.
