If your business is looking to use a content management system (CMS), you need to choose between numerous service provider options. Deciding between offerings will often mean deciding between:
- an on-premises model;
- a software as a service (SaaS) model; and
- a platform as a service (PaaS) model.
You should understand the difference between these models, as well as the legal agreement your business will need to enter into with the provider of the services. This article explains the difference between on premises CMS, SaaS CMS and PaaS CMS, the agreements you need for each and what CMS you should choose for your business.
What is a Content Management System?
It is essential to know what a CMS is and what it will offer your business. A CMS is a software or platform that will help you upload, customise and control content. Your business is most likely to use a CMS to set up and run a website. Examples of popular CMSs include:
- WordPress;
- Squarespace;
- Joomla; and
- Drupal.
On-Premises – Software Licence
On-premises means that the software for your CMS and all of the content you enter into and create with the CMS is stored on your business’ servers. This will require you to sign a software licence with the provider.
A software licence is likely to have a mandatory set term and a set fee. If you have sensitive content, using an on-premise CMS allows you to keep your content in-house, thereby protecting it. However, it also means your business needs to have good security producers and a comprehensive recovery plan in place in case anything goes wrong. This means spending more money.
Continue reading this article below the formSaaS and PaaS – SaaS Agreements and PaaS Agreements
A SaaS CMS gives your business access to software that delivers your content management functions. However, that software and any information you enter into the software, or content you create with the software, is stored off your business premises.
Regarding signup, SaaS CMSs can be more flexible as they often offer a subscription model. Here, you can choose your preferred billing cycle, such as monthly or annually and leave the agreement at any time.
A PaaS CMS is typically very similar to a SaaS in that the platform is hosted on a third-party server, and your data is stored outside of your business. It also generally offers more flexibility with a similar subscription model to the SaaS.
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Choosing Between a SaaS and a PaaS
Choosing between a SaaS and a PaaS usually comes down to the following:
- the size of your business; and
- the extent and sophistication of your IT department.
A SaaS offers a simple and streamlined process for content management. For example, if you use Squarespace, the code is already in place in the back end. You only see the front end. This means you will need to select some options, but you will not have to enter any code. Accordingly, a SaaS CMS is a good solution for a small business because you are unlikely to have extensive technology support within the business.
However, a larger business may choose a PaaS over a SaaS. This is because a platform allows for more control and customisation. It does this by providing the essential infrastructure but then providing you the tools to build and design features yourself. Often, this will require some coding skills. Therefore, it is more suitable for businesses that have a developer employed or are willing to outsource this assistance. Nevertheless, it is far less strenuous than building your own CMS from scratch.
What to Look For in Your SaaS or PaaS Agreement
Suppose you select an off-the-shelf SaaS or PaaS like WordPress. In this case, you may simply need to agree to terms and conditions when signing up. There will not be much room to negotiate.
However, suppose you are signing a software licence or a SaaS or PaaS agreement with a CMS provider. In this case, you should ensure the agreement has a warranty that the services will work to a set standard. There should also be a warranty that the provider will offer set service levels if errors in the SaaS or PaaS arise.
Furthermore, suppose security is a concern for your business. In that case, it is important to look for confidentiality clauses and warranties from the provider about the steps they will take to secure your business information. You should also check:
- which data centre they will be using to store your data; and
- whether the data centre is reputable and likely to provide a reliable service.
Most data centres have sound security systems and comprehensive security and recovery plans in place. However, if you are unsure, it is always best to do your due diligence and check.
Key Takeaways
Choosing a content management system (CMS) service provider can be overwhelming. There is an abundance of choices to pick from, and it can take time to know which is going to work best for you and your business needs. When deciding between an on-premises model, a SaaS model or a PaaS model, you should consider the features of the CMS, such as the level of control and customisation you have, as well as the standard terms you would find in an agreement for that CSM as discussed in this article.
If you need help drafting or reviewing an agreement, our experienced IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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