SaaS Cloud Subscriptions: When “On-Demand” Really Isn’t

Large legacy on-premise enterprise software vendors like SAP, Oracle and Microsoft continue to push their “on-demand” SaaS cloud products on and into their customer base.  To a large extent, these efforts are designed to counteract the competitive threat posed by the major SaaS cloud vendors like Salesforce, Workday and ServiceNow. SAP, Oracle and Microsoft as well as others want to show they too are innovative and focused on delivering customers delivered and built in the cloud. The same could also be said for their new offerings around mobility, virtualization, AI and IoT.

Contracts are Key to Cloud Solutions

Organizations considering the move to the cloud or any of the other emerging technologies must keep in mind that, unless they secure the right upfront pricing and structure their contracts properly, their cloud experience will feel very similar to their experience with traditional, on-premise enterprise software.

If you’re not careful, the allegedly highly flexible “metered” and “usage-based” pricing model that comes with cloud subscriptions will include many of the same traps – like auto renewals and required multi-year upfront commitments – as seen in your more traditional on-premise software agreements. And that’s true whether you are dealing with cloud solutions from one of the traditional enterprise software powerhouses like SAP, Oracle and Microsoft, or one of the large cloud vendors like Salesforce, Workday and ServiceNow.

Cloud Pricing Considerations

The perceived “on-demand” or “buy by the drink” nature of SaaS cloud subscriptions are compelling to organizations as it implies the ability to spread out payments over time and as your users actually need access to the functionality. In fact, most software vendors will position “flexibility” as the prime reason to make the switch from traditional on-premise license models.

More often than not, organizations must contractually commit to multi-year terms requiring upfront payments of fees for each year of the term. As noted before:

Most SaaS cloud subscription agreements don’t reflect a truly on-demand highly flexible model. They are not structured for precision metering of actual consumption. Rather, they look more like traditional, on-premise software contracts, with fixed fees payments for a specified-set of products and committed number of users…. What’s worse, the expected commitments are set in stone for multiple years, with obligations to make upfront payments of the fees associated with each year of the term

This practice means software vendors, whether they are selling you a SaaS cloud product or a more traditional on-premise software solution, are still looking to protect a predictable revenue stream from their customer base.

Upfront Commitment Warning

If software vendors insist on upfront commitments, organizations must push back for meaningful additional upfront discounting in return. Software vendors must be reminded that the positioned “on-demand” nature of the cloud and of SaaS solutions is a compelling factor in whether or not your organization is willing to adopt, and if that benefit is diminished in any way, it may no longer be worth switching from an on-premise model. The software vendor’s ability to present meaningful additional upfront discounting will go a long way in mitigating these concerns.

Also, SaaS cloud subscription agreements often lack volume discounting commitments. SaaS cloud subscription agreements should include clear language stipulating the option to purchase additional subscriptions at the upfront negotiated price until an established volume threshold is met and eclipsed, where at that point, the go-forward price will be reduced given the organizations expanded volume commitment.

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Renewal Considerations

Having price certainty and protections in place come renewal time (i.e., when your subscription term ends) is also critically important. Most cloud subscription agreements include the ability to increase prices at the end of the initial term or there is ambiguity and thus an organization is completely exposed. All cloud subscription agreements need to include language that specifically limits the vendor’s ability to increase prices for when it comes time to renew. There should also be a period of time in which there will be no increase to the prices.

This is often harder to achieve but there is precedent for this level of commitment to be achieved.  In addition, the contractual language should not include conditions like increased volume or adoption of additional cloud products for the protection to be available.  It is always important to read the fine print because these types of conditions often show up after careful review.

Auto-Renewals

Automatic renewals are another problematic provision to keep any eye out for. Most cloud subscription agreements include default language around “auto-renewals.” This language should be removed from cloud subscription agreements. Alarm bells should go off if software vendors are reluctant to do so. Software vendors, especially the ones previously mentioned, should be confident that the value received from their cloud offerings will lead to their customers electing to renew by choice, not by contractual requirement or technicality (e.g., failure to notify the software vendor of cancellation within an allotted time frame).

The bottom line is that when an organization is considering a software vendor’s cloud offering, it is critical that they think as much about how they structure the subscription agreement as they do about the exciting potential to improve the agility and speed of the business through cloud adoption and integration.

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Related Posts:

• The Playbook All Cloud Vendors Work From 
• SaaS Matters: Key Caveats for SaaS Contracting
• How to Make Your SLAs Meaningful in SaaS Cloud Subscription Agreements  
• 3 Keys to Negotiating Successful Cloud Agreements