Hi James,

My advice is to approach with extreme caution. Do you have the funds to have a 
lawyer go through it for you to adequately assess the risk (spoiler alert, 
probably not)? After they do if it is not fair will they negotiate anyway? When 
you say ‘ready to sign’, does that mean they’ve signed something subject to 
this contract detail?

Basically those shenanigans are why many SaaS companies focus on many 
small-medium customers rather than a few big ones. But I agree with Matt, it 
depends how much the deal means to your business and whether you have the 
resources to evaluate the risk versus reward.

Kind Regards,
Andrew Walker
Founder & CEO  |  Fleet Engineering
+61 466 601 706  |  and...@fleeteng.com.au<mailto:and...@fleeteng.com.au>  | 
www.fleeteng.com.au<http://www.fleeteng.com.au>
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On 8 Sep 2016, at 12:13 PM, innotect...@gmail.com<mailto:innotect...@gmail.com> 
wrote:

Hi James,

I have been on both sides of the fence. And there is no standard answer here.

If the procurement dept of large buyers (rather than a line manager with a 
credit card) is involved then you will get hit with their standard terms and 
conditions - which should often be understood as the first stage in a 
negotiation rather than the final word on the matter.

If you are willing to walk away from this, say why their requirements make this 
unprofitable for you AND someone there with clout really wants your software 
then they might move.

It comes down to how much this customer's business means to you. And how much 
you mean to them.

The other thing is that while large enterprises have complex contract 
requirements, they don't have the same complex requirements. So it's not like 
you can scale off the back of this.

Regards,

Matt Moore
+61 423 784 504
Sent from my iPhone

On Sep 8, 2016, at 12:58 PM, James Peter 
<zemaj....@gmail.com<mailto:zemaj....@gmail.com>> wrote:

I was wondering if anyone has experience running a small business selling to 
Enterprise customers.

I run a small Australian based SAAS company. Most of my customers are other 
SMBs with a handful of larger companies.

There's one large US-based company that I've been trying to sell to for the 
past 6 months. They are ready to sign up by were not happy with our standard 
terms (which are basically use at your own risk). They've sent over their own 
contract which shifts all the liability onto our company and requires a whole 
bunch of things like complex audits and high levels of insurance which we don't 
currently have. It looks like the cost of implementing their requirements would 
be significantly greater than the revenue from the contract.

Has anyone experienced a situation like this and if so, how did you deal with 
it? Do you just require all customers to sign up using standard terms or should 
I expect this from most Enterprise customers?

Cheers,
James

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