When you’re just getting started, it’s natural to handle contracts on the fly. You tweak templates, adjust terms here and there, and make do with whatever your customers hand you. It’s fast, flexible, and good enough to get those first few deals signed. But as your startup grows, you need to level up. Investors and bigger customers expect standard, globally accepted contracts, and negotiating across multiple jurisdictions comes with more legal complexity and risk.
Here’s one simple truth to keep in mind: contracts shouldn’t slow you down—they should help you grow. In this guide, we’ll walk you through building a contracting process that keeps deals moving.
When you’re an early-stage startup, it’s normal to hustle—and that applies to your contracting process too. But once you get to Series A, you switch from survival mode to sustainable growth. That means bigger clients (possibly across multiple regions), more complex agreements, and a higher expectation to get it right. If your contracting process is a disorganized mess, you’ll see longer deal cycles and delayed cash flow. Plus, shaky contracts can hurt customer confidence—and that’s not something you want when you’re aiming for the next level.
A solid process and strong templates help you:
Now, let’s dive into what that actually looks like.
A good contract protects your business from risk and fuels your growth. That means aligning your terms with global norms to build trust and smooth out negotiations. For instance, use English and generally recognized laws. And don’t forget the basics:
Here are the key elements you shouldn’t skip:
Unexpected liabilities can be a startup killer. Without a clear liability cap, contract breaches could lead to unlimited claims. Setting a maximum liability amount (e.g., total fees paid) keeps damages within a manageable range.
Example: A customer paying $1,000/month for 8 months claims damages. With a liability cap of “fees paid during the term,” your maximum payout is $8,000. Without a cap, you could be on the hook for a lot more.
No software is perfect. A no warranty clause makes it clear that you provide the service "as is." This means you’re not promising perfect performance, uptime, or compatibility. It helps set the right expectations and protects you from unreasonable claims.
Example: If you provide your product "as is" and a customer expects something it doesn't promise, like a specific result, a no-warranty clause helps you avoid disputes or refund requests.
Breakups happen. Without clear exit terms, they get ugly fast. Your contract should answer:
Example: If a customer cancels after 3 months and requests a refund, you risk losing committed revenue without a strong pricing model.
For SaaS startups, messy subscription terms can lead to billing disputes and customer frustration. Make sure you're crystal clear on things like auto-renewals (are they automatic or manual?), how customers can cancel, and whether they can easily upgrade or downgrade their plan.
Example: If your subscription auto-renews, say so. Otherwise, a customer may assume their contract ended when they stopped using the tool, leading to an awkward dispute or lost revenue.
If you handle customer data, make sure you meet laws like GDPR (General Data Protection Regulation) in Europe or CCPA (California Consumer Privacy Act) in California. The DPA should outline the conditions for data processing, including the rights and responsibilities of each party, and detail the security measures you guarantee to protect the data.
Example: For EU customers, include a DPA that shows you comply with GDPR and explains how you process personal data.
Define your service commitments like uptime guarantees (e.g., 99.9%), support response times, and remedies for SLA violations (like offering credits or termination right). This sets clear expectations on both sides.
Example: If you promise 99.9% uptime, say what credit the customer gets if you fall short. And don’t forget to exclude damages.
Contracts should be simple and easy to update. The simpler they are, the quicker you can make changes. A solid sales playbook helps you track common clauses that often need tweaking, like auto-renewals or governing law changes.
Example: If you often need to adjust certain provisions, a playbook lets you implement those changes fast and without confusion, keeping your process smooth and efficient.
Things change fast as your business grows—new features, new pricing. If your contracts are set in stone, you’ll be renegotiating constantly (e.g. whenever you introduce a new product feature or a new pricing tier).
Here’s a quick advice on how to make your contracts as flexible as they come. Keep your main legal terms consistent (usually in Terms of Service), and any customer-specific items (like pricing, custom features or service levels) in a separate agreement (often an Order Form). This way, you can update your offering without redoing everyone’s entire contract.
When you expand internationally, you’ll need to adapt. Different regions have different rules.
You’ll need to determine when to stick with your standard template and when to localize. In some cases, localization might be necessary if a high-value customer requests it. Practically, it’s often best to maintain a core global template and add regional adjustments as needed.
You’ll also need to consider the contract’s language and governing law, based on the market you're targeting. For example, German clients may expect contracts to be in German and under German law.
When you’re just starting out, you’re juggling a million things—contracts often come last. But laying a simple, solid foundation for your contracting process now will save you big headaches down the road. In this section, we’ll look at quick wins and lean processes you can set up today and how to scale when things really take off.
When you’re new, the goal is to land those early customers—so your contracting process might be scrappy. That’s totally fine, but at least lay a light foundation so you’re not overwhelmed later because things will get complex as you scale.
Start with digital signing and contract management tools (like DocuSign or PandaDoc), and make sure to keep all your contracts in one place (like Google Drive, Contractbook or Ironclad). Keeping a solid archive of all contracts will help you stay organized and avoid headaches when investors start doing their due diligence. Plus, it helps eliminate the risk of errors that comes with manual processes.
Success means more contracts to manage. Sooner or later, you won’t have time to personally handle every negotiation. That’s when you need a solid process that balances efficiency with risk management.
Here’s a simple how-to guide:
Once they’re signed, make sure your contracts keep working for you. Here’s a couple of best practices:
A solid, scalable contracting process is your secret weapon for startup growth. It makes negotiations smoother, reduces legal risks, and reassures both investors and customers that you’re on top of your game. Start by nailing the basics—liability caps, no-warranty clauses, and clear subscription terms—then keep it flexible so you can easily roll with product updates and new markets. Finally, adopt tools and workflows that streamline approvals, track versions, and remind you about renewals.
Contracts aren’t meant to hold you back; they should power you forward. By laying the groundwork now, you’ll be ready to close bigger deals faster as your startup scales. Do you need help with setting up your contracting process? Let us know and we’ll be happy to help.
Content