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Having SaaS General Terms and Conditions drafted: costs and process

Having SaaS General Terms and Conditions drafted by a lawyer: what does it cost, how does the process work, and when to choose a custom-made version over a template.

Published on August 1, 2026 by MKBjuristen.nl
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Having SaaS General Terms and Conditions drafted by a specialized SME lawyer typically costs between €750 and €2,500, depending on the complexity of your service, your target audience (B2B or also consumers), and whether a Data Processing Agreement and SLA are required. The process usually takes one to three weeks: intake meeting, drafting, one round of revisions, and delivery. Below, you can read what determines the price, how the process unfolds, and when it is better to outsource it or not.

The short answer

  • Costs: €750 – €2,500 for a custom-made set from an SME lawyer.
  • Price-determining factors: service complexity, SLA, data processing agreement, target group.
  • Turnaround time: one to three weeks, including the revision round.
  • Included: intake, drafting, alignment with your subscription and data model.
  • You can do it yourself: with a simple B2B tool without sensitive data.

Having SaaS general terms and conditions drafted: what determines the costs?

Have SaaS general terms and conditions drafted by a lawyer

The price depends primarily on the amount of customization your service requires. A simple business SaaS tool with a standard subscription is cheaper than a platform with multiple subscription types, an SLA with compensation, integrations, and sensitive data. Components that drive up costs:

  • SLA with service credits: requires a well-thought-out uptime and compensation arrangement.
  • Data Processing Agreement: separate GDPR document with sub-processors and security.
  • Consumer buyers: stricter rules, more provisions.
  • International customers: choice of law and data transfer.

The process step by step

A good process runs smoothly:

  1. Intake: the legal expert maps out your service, target audience, subscription types, and data flows.
  2. Drafting: custom-made terms and conditions, tailored to your model.
  3. Correction round: you read along, ask questions, and provide feedback.
  4. Delivery: final set plus, if necessary, the data processing agreement.
  5. Implementation: click-agree on the site or in the app, so that the terms and conditions actually apply.

Why a template is often insufficient

Difference between template and custom-drafted SaaS terms and conditions

A free or cheap template seems attractive, but rarely aligns with your specific service. Precisely the elements that matter in SaaS—availability, limitation of liability, data ownership, and the data processing agreement—require customization. A template sometimes promises uptime you cannot achieve, lacks the exceptions you need, or contains a liability clause that is partially invalid towards your customers.

You only notice the consequence when things go wrong: a customer who claims damages after downtime and discovers that your limitation is incorrect can cost you dearly. In that case, the savings on the terms and conditions were a false benefit.

When having it drawn up pays off

When it pays to have SaaS terms and conditions drafted

Outsourcing pays off, especially in these situations:

  • You process personal data (almost always) and need a data processing agreement.
  • You promise an SLA with compensation and want to tie it down legally.
  • You have multiple subscription types or customized contracts.
  • You also target consumers or foreign customers.
  • You want to limit your liability seriously and sustainably.

When you can do it (partially) yourself

For a small, business SaaS tool without sensitive data, with a single simple subscription and without a firm uptime promise, a good basic set will get you far. However, ensure you understand the core: usage rights, payment, cancellation, and a basic limitation of liability. In that case, consider having only the Data Processing Agreement and the liability clause briefly reviewed—those are where the risk lies.

Practical example of costs

A startup with a B2B planning tool, one subscription per user, and a light SLA had its terms and conditions, including a data processing agreement, drafted for approximately €1,200, delivered within two weeks of the intake. For a platform with multiple modules, integrations, and an uptime guarantee with service credits, that approaches €2,500. The investment is outweighed by the risk of an invalid or incomplete set.

Honest recommendation

Software entrepreneur consults lawyer about having SaaS terms drafted

Have terms and conditions drafted as soon as you process personal data, promise an SLA with compensation, or genuinely want to limit your liability — these are the areas where customization pays off. If you have a simple B2B tool without sensitive data and without a promise of uptime, you don't immediately need a lawyer: start with a good basic set and have only the high-risk components checked. Don't pay for complexity that your service doesn't have.

More background: read what are SaaS terms and conditions, see how to draft, or go directly to the SaaS terms and conditions.

Frequently Asked Questions

How much does it cost to have SaaS general terms and conditions drafted?

With a specialized SME lawyer, the cost is typically €750 to €2,500. The price depends on the complexity of your service, whether an SLA and data processing agreement are involved, and whether you also target consumers or international clients.

How long does the process take?

Usually one to three weeks: intake meeting, drafting, one round of revisions, and delivery. For a complex platform with multiple subscription types and an SLA, it may take slightly longer.

Why not just use a template?

A template rarely aligns with your service. It is precisely the important SaaS components—availability, liability, data ownership, and the data processing agreement—that require customization. A generic set sometimes promises unachievable uptime or contains clauses that are invalid against your customers.

Is a data processing agreement included in the price?

Often yes, but not always. Because most SaaS services process personal data, a data processing agreement is usually necessary. Ask in advance whether this separate GDPR document is included in the stated costs.

When does outsourcing really pay off?

If you process personal data, promise an SLA with compensation, have multiple subscription types, target consumers or international customers, or wish to limit your liability in a sustainable manner, those are the areas where customization covers the risk.

Can I do part of it myself?

Yes, for a small B2B tool without sensitive data and without an uptime promise, you can start with a good basic set. In that case, have only the risky components — the data processing agreement and the liability clause — briefly checked.

How do I ensure the terms and conditions are legally valid?

Make them available before or at the conclusion of the agreement and have the customer explicitly agree to them, usually via a click agreement on the site or in the app. Only then do they apply pursuant to Art. 6:233/6:234 of the Dutch Civil Code.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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