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Having a value-added reselling agreement drafted by a specialized SME lawyer typically costs between €900 and €2,750, depending on the scope of services, exclusivity, and the complexity of the liability agreements. For that amount, you receive a contract that neatly separates the resale of the software from your own services, rather than the supplier's standard terms and conditions, which prefer to shift the risk to the reseller. Below, you can read what the process entails and what determines the costs.
The short answer
- A tailor-made value-added reselling agreement usually costs between 900 and 2,750 euros.
- A separate data processing agreement pursuant to Article 28 of the GDPR is sometimes added to this.
- The process consists of an intake, a draft, a feedback round, and a final version.
- A lead time of one to three weeks is typical.
- The price depends on the scope of your services, the exclusivity, and the splitting of liability.
Having a value-added reselling agreement drafted: what does it cost
The price range of 900 to 2,750 euros covers most SME situations. At the lower end is a straightforward arrangement where you resell licenses with a limited configuration. At the upper end are structures involving exclusivity, extensive integration and support services, and a fine-meshed separation of liability between the software and your services. A separate data processing agreement often costs 300 to 750 euros if it is not already included in the contract.
Why not use the supplier's standard agreement? Because it almost always places the risk with the reseller. As a VAR, you are the point of contact for the end customer, while you have no influence on the quality of the software. Without a proper division of liability, you bear the cost of defects that belong with the supplier. A contract tailored to your position restores that balance and places the responsibility where it belongs.
The process step by step
- Intake. The legal expert maps out which software you resell, which services you add, and where the risks lie.
- Draft. You will receive a first version with sublicense rights, service description, discontinuation of liability, pricing, and privacy.
- Feedback round. You discuss the concept and align it with the supplier.
- Final version. The contract is ready to sign, optionally with a data processing agreement.
What determines the price
- Scope of services. Extensive integration and support require more agreements than a simple configuration.
- Exclusivity. An exclusive reselling right for a territory or sector requires sharper delineation.
- Splitting of liability. A fine-meshed division between software and services requires more work.
- Privacy. A data processing agreement that makes the entire chain watertight costs extra.
- International. A foreign supplier or foreign end customers entails additional considerations.
A practical example: an IT company wants to exclusively resell a CRM package to real estate agencies and link it to their housing platforms, with ongoing support. Because this involves an exclusive right with substantial integration and support services, the company has the contract drawn up for approximately 2,300 euros, including the data processing agreement. When a real estate agency later complained about a malfunction, the splitting of liability immediately clarified whether the IT company or the supplier was responsible.
Have it drawn up or do it yourself
If you occasionally resell a license with a small configuration to a trusted supplier with limited interests, a good model agreement and a data processing agreement will suffice. However, as soon as reselling services becomes a substantial part of your revenue, or if you have exclusive rights or many end customers, the risk of an unbalanced contract quickly outweighs the advisory costs.
Choose a lawyer with experience in software, licensing, and distribution contracts. They will immediately recognize where the supplier's standard terms and conditions place the risk on you as a reseller, and strengthen your position on the points that really matter.
Honest recommendation
If you occasionally resell a license with a minor addition, for a trusted supplier and with limited interests, you do not need to engage a lawyer: a clear model agreement plus a data processing agreement will suffice. However, if reselling services becomes a significant part of your revenue model, or if you work with exclusive rights and many end customers, it is advisable to have the contract drafted or reviewed. The 900 to 2,750 euros pale in comparison to the damages incurred if, due to an unbalanced allocation of liability, you are held responsible for defects in software over which you have no control.
View the value added reselling agreement; first read what a value added reselling agreement is and which components are included in drafting a value added reselling agreement.
Frequently Asked Questions
With a specialized SME lawyer, this usually ranges between 900 and 2,750 euros, depending on the scope of your services, the exclusivity, and the complexity of the liability agreements. A separate data processing agreement often costs an additional 300 to 750 euros.
Expect one to three weeks, depending on the complexity and the speed of the feedback rounds. The process consists of an intake, a draft, a feedback round, and a final version ready for signing.
That is possible, but a supplier's standard terms and conditions almost always place the risk with the reseller. As a VAR, you are the point of contact for the end customer without influence on the software. Your own contract restores the balance regarding liability.
The scope of your added services, any exclusive reselling right, the granularity of the liability splitting, the privacy component, and any international dimension. More customization and greater risk mean higher costs.
Sometimes it is included, sometimes it is separate. If the software processes personal data, a data processing agreement is mandatory pursuant to Article 28 of the GDPR, in which you, as the VAR, are usually the processor. Ask in advance whether this is included in the quotation.
For occasional resale involving a small configuration and limited interests, a good model agreement will suffice. However, if reselling services becomes a significant part of your revenue, the risk of an unbalanced contract will quickly outweigh the advisory costs.
Choose someone with experience in software, licensing, and distribution contracts. They will immediately recognize where the supplier's terms place the risk on you and strengthen your position regarding the splitting of liability and escalation to the supplier.
