Can I completely exclude liability in my SaaS agreement?

No. Under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), a business acquiring software is deemed a consumer if the price does not exceed $100,000, or if the software is of a kind ordinarily acquired for personal use. The statutory consumer guarantees apply and cannot be excluded. A SaaS vendor must instead use s 64A to limit liability to the resupply of the services, and ensure their liability caps do not breach the strict unfair contract terms regime.

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