Ensure Uptime and Control with SaaS Escrow
Protect your business continuity:
Ensure continuous access to your application and data with our SaaS Escrow services.
Proudly providing bespoke escrow services to our valued clients world-wide since 2004
SaaS Escrow is escrow for cloud hosted software. ESCROWSURE’s SaaS Escrow is implemented on the basis of securing up time by providing for continuity of application, hosting, and takeover of administrator functions in the event of an emergency.
Why do I need an escrow for cloud hosted software?
End user business continuity is threatened under the cloud hosted/SaaS model, in that applications and user data are typically hosted by a third-party hosting service provider, usually paid for by the software vendor.
If your vendor becomes financially constrained, they would likely default on payments to the hosting service provider resulting in the termination of the hosting service, cutting off end user access to both the application and vital data.
Our escrow arrangements for cloud hosted/SaaS applications are implemented on the basis of securing and maintaining uptime by providing continuity of the hosting service through adoption of administrator functions in the event of an emergency.
Risks that threaten your
business continuity
Software vendor stops
paying the hosting service
Hosting services are suspended, systems go offline, customer access is lost, data becomes inaccessible, operations halt, and compliance violations occur.
Loss of access to data
and application
Operations stop, data is unreachable, staff productivity collapses, customers churn, contracts breach, reputational harm escalates, and recovery costs spike.
The software vendor
ceases to exist
Support ends, updates stop, access fails, data may be lost, users stranded, operations disrupted, contracts break, continuity threatened, risks escalate fast.
The software vendor
is liquidated
SaaS services terminate, the hosting provider goes unpaid, access is revoked, data put at risk, product support disappears, legal claims arise, business continuity fails, clients face critical disruption.
A breach of licence
obligations by vendor
Client rights are voided, access restricted, compliance breached, contracts terminated, data use challenged, legal action triggered, trust eroded, operations face disruption.
The software vendor
bought by competitor
Conflicts arise, priorities shift, access threatened, roadmap changes, support declines, data security questioned, trust erodes, continuity risk increases, exit strategy urgent.
Challenges to
your business
Without SaaS escrow, users face severe risks when vendors fail, go silent, or breach contracts. Consequences include data loss, downtime, missed audits, regulatory penalties, reputational damage, legal exposure, and no recovery path. CIOs may be held personally accountable, with no fallback in place to ensure continuity or compliance assurance.
No access to source code if your vendor fails.
Source code unavailable, fixes blocked, updates halt, security gaps grow, continuity fails, integration stalls, support ends, operations risk extended downtime.
Downtime caused by unsupported third-party software.
Systems crash, processes stall, users are often locked out, data becomes inaccessible, customers impacted, revenue drops, reputational harm mushrooms, compliance risks increase, recovery is delayed.
Clients lose trust without continuity guarantees.
Clients lose trust when outages occur, support fails, data access is blocked, and no continuity plan exists to guarantee reliable recovery.
Failing to meet escrow-related compliance standards.
When a SaaS vendor fails escrow compliance, the user risks non-compliance, data loss, service disruption, failed audits, and contract or regulatory penalties.
Missed audits due to poor software risk planning.
Missed audits trigger penalties, contract breaches, reputational harm, downtime, failed certifications, procurement loss, regulatory scrutiny, and board-level accountability.
Paying more to recover from preventable disruptions.
Without escrow, recovery is slower, data access delayed, legal fees rise, operations stall, emergency fixes cost more, and trust is damaged.
CIOs held accountable for missing escrow protocols.
CIOs may face board scrutiny, job risk, regulatory action, and legal liability for failing to mitigate preventable disruptions through escrow.
Ignoring King IV and Joint Standard requirements.
Ignoring King IV and Joint Standards invites regulatory penalties, reputational damage, compliance breaches, audit failure, legal exposure, and loss of stakeholder trust.
No fallback when software vendors go silent.
Without escrow, if a SaaS vendor goes silent, the user loses access, support, source code, data control, and has no legal path to recovery.
Business continuity left to chance, not strategy.
Leaving business continuity to chance risks total service loss, data inaccessibility, extended downtime, regulatory breaches, reputational damage, and costly, unplanned recovery efforts.
The Benefits of Protecting Your SaaS Software with ESCROWSURE
Protecting your SaaS software with ESCROWSURE ensures business continuity, secure access to source code, and verified recovery readiness. It supports audit compliance, reduces regulatory risk, safeguards operations from vendor failure, and strengthens procurement credibility. ESCROWSURE’s tested escrow solutions give CIOs confidence, reduce legal exposure, and meet King IV and Joint Standard requirements.
Benefits of protecting SaaS
Software with ESCROWSURE
Protects access to the
hosting environment
SaaS escrow secures credentials, infrastructure details, and continuity plans, ensuring access to the hosting environment if the vendor fails or disappears.
Secures hosting
service uptime
SaaS escrow secures verified continuity plans, infrastructure access, and deployment tools to maintain hosting service uptime during vendor failure or disruption.
Addresses other
third party dependencies
SaaS escrow documents third-party components, secures licenses, and ensures replacement paths, reducing risk from external dependencies critical to service continuity.
Safeguards
investment
SaaS escrow protects your software investment by ensuring access, continuity, and control, even if the vendor fails, exits, or breaches contract.
Protects business
continuity
SaaS escrow ensures ongoing access to applications, data, and infrastructure, preventing downtime and disruption if the vendor fails or support ends.
Manages supplier
relationship
SaaS escrow sets clear obligations, reduces power imbalance, builds trust, and enforces accountability, making supplier relationships more stable and contractually secure.
Avoids unplanned business
interruptions
SaaS escrow provides verified access to software and infrastructure, enabling rapid recovery and continuity when vendors fail, preventing unplanned business interruptions.
Satisfies governance
and compliance
SaaS escrow meets regulatory standards, supports audit readiness, aligns with King IV and Joint Standards, and proves active risk management and continuity planning.
Mitigates supplier
dependency
SaaS escrow reduces supplier risk by securing code, documentation, and access, allowing continuity if the vendor fails, exits, or is acquired.
How does SaaS Escrow with ESCROWSURE work?
ESCROWSURE’s SaaS escrow works by securing source code, access credentials, documentation, and SaaS service continuity plans in a verified, neutral repository. In a vendor failure, these assets are released to the client, ensuring uninterrupted access. ESCROWSURE provides legal, technical, and operational safeguards that meet compliance standards and protect the client’s ongoing business operations.
How Software Escrow
Works in 3 Steps
Step 1
Getting you started
ESCROWSURE’s legal team guides the escrow setup by facilitating negotiations between the end user and software vendor. This includes defining release conditions, deposit schedules, and verification testing requirements, while also ensuring continuity if the vendor can no longer support the software.
Step 2
Arranging the deposit
ESCROWSURE securely receives and stores the escrow materials in line with ISO/IEC 27001:2022 standards. Deposits are vaulted both digitally and physically, with access managed through the Escrow Administration Portal, which integrates directly with Git repositories.
Step 3
Verification testing
ESCROWSURE’s verification team performs the agreed testing to confirm the deposit is complete, accurate, and usable. This ensures the end user can maintain, redeploy, or transition the software if vendor support becomes unavailable.
Verification testing:
SaaS software
For an escrow deposit to be of any value, deposited material must be frequently updated and verified as part of a robust and consistent administrative process.
The focus of ESCROWSURE’s verification services is to ensure to the highest degree possible that the escrow material will be useful in the event of a release condition. To secure uptime in a cloud hosted environment.
ESCROWSURE offers four levels of
verification testing
✘ No source code
✘ No uptime guarantee
✘ No failover
✔ Verified source code
✘ No uptime guarantee
✘ No failover
✔ Verified source code
✔ Uptime for 90 days
✘ No separate failover environment
✔ Verified source code
✔ Guaranteed uptime
✔ Separate mirrored failover
ESCROWSURE offer four levels of
verification testing
✘ No source code
✘ No uptime guarantee
✘ No failover
✔ Verified source code
✘ No uptime guarantee
✘ No failover
✔ Verified source code
✔ Uptime for 90 days
✘ No separate failover environment
✔ Verified source code
✔ Guaranteed uptime
✔ Separate mirrored failover
Client Testimonials
Direct Transact
“ESCROWSURE provides our clients peace of mind and mitigate risk.”
Direct Transact
Chief Information Security Officer
Flexinova
“The personnel is very friendly and extremely helpful.”
Flexinova
General Manager
Agile Business Solutions
“very easy to get onboarded”
Agile Business Solutions
COO
Tollink
“We are very happy with the level of service and professionalism that the ESCROWSURE team provides and have provided our clients with assurance that their customized solutions are securely stored and professionally verified.”
TOLLINK ZA
SHEQ Manager
Nexi
“Nexi Payments S.p.A. (previously SIA S.p.A) have been a depositor of source code software with ESCROWSURE for the past 11 years and have been extremely satisfied with the level of service and professionalism they have demonstrated.
They have consistently provided timely and accurate management of our source code deposits, ensuring that our valuable intellectual property is always protected and secure. Their team is responsive and easy to work with, and they have always met our needs.”
Nexi Payments
Head of Central Institutions Sales
Jenetric
“With ESCROWSURE, I enjoy peace of mind that the intellectual property and technical documentation is securely vaulted and professionally tested.
ESCROWSURE has played a significant role in our risk management protocols: vaulting our business-critical IP with a professional escrow service is a vital measure in the process of risk management.”
Jenetric
CEO
TotalEnergies
“Overall, I highly recommend ESCROWSURE’s software escrow service to any organization that values the security and reliability of its 3rd party software assets. Their expertise and commitment to excellence are second to none, and we have been extremely satisfied with their service over the years.”
TotalEnergies
Competency Center Manager
Genasys Technologies
“We have been depositing our source code and technical documentation with ESCROWSURE for the many years and have consistently been impressed with the level of service by the
team.”
Genasys Technologies UK Ltd
CEO
Fidelity Services Group
“Their work has been a major factor for IT Risk success, as we hold eight of our business-critical application in escrow with them. We have never had a problem with Escrow uploads as the instructions were clear, concise and communication was always on time and professional.”
GM Managed Services
Fidelity Services Group (Pty)
Ellipsys Systems
“We have found the team from ESCROWSURE extremely professional, competent and efficient and have also recommended ESCROWSURE to clients looking for an escrow agent.”
Ellipsys Systems (Pty) Ltd
Operational Director
SaaS Escrow Blog Posts
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SaaS Escrow with ESCROWSURE
- Protects access to the hosting environment
- Secures hosting service uptime
- Addresses other third party dependencies
- Safeguards investment
- Protects business continuity
- Manages supplier relationship
Frequently Asked Questions
Is the agreement customizable? How much customization do you allow?
Yes, absolutely. We believe that each escrow environment is unique and requires a customized approach. ESCROWSURE’s in-house legal counsel will craft a bespoke escrow agreement tailoring the provisions to meet the needs of your specific requirements.
What if we have an unscheduled software update? Can you accommodate additional source code deposits?
Absolutely. We understand the dynamic nature of software and so we offer a flexible approach and can accommodate the changes required within your operational environment.
What events are usually defined as release events?
ESCROWSURE’s standard release conditions include:
- Software vendor ceases its business undertakings without formally assigning its maintenance obligations to a competent third party;
- Software vendor becomes insolvent, is declared bankrupt, is dissolved and/or is liquidated;
- The business of software vendor under the licence agreement is transferred entirely or partly to a third party that does not continue the maintenance obligations or offers to provide them only on terms that are considered by end user to be commercially unreasonable;
- Software vendor breaches its obligations to provide maintenance and support in such a way that it substantially jeopardises beneficiary’s ability to continue to use the product;
- Software vendor fails to perform one or more of its material obligations under the agreement and remains in breach for twenty (20) business days after written notification from ESCROWSURE to this effect.
These are standard release clauses however, our legal counsel can work with you to customize the release conditions requirements.
What industries benefit most from SaaS escrow services?
Highly regulated and tech-reliant sectors such as finance, insurance, healthcare, pharmaceuticals, legal, government, and telecommunications benefit significantly from escrow. ESCROWSURE supports clients like banks, insurers, and software developers who seek to assure clients or partners of long-term software availability.
Why do we need escrow for SaaS applications?
With SaaS applications, software is not accessed on a server located on the end users premises, but instead, is hosted remotely in the cloud by a hosting services provider usually paid for by the software vendor. This introduces an additional layer of risk as it adds to the supply chain dependencies.
In addition, the data generated by the application is hosted in the cloud too. This means that if the software Vendor were to stop answering the phone, both application and data could be beyond the reach of the end user immediately.
Some end users believe that a migration to a cloud service eliminates the need for an escrow arrangement.
But this is not true.
If anything, the need for escrow is greater for SaaS applications, because of the additional layer of risk which puts both the software and the data at risk if the worst should happen.
Why do we need escrow for SaaS applications?
With SaaS applications, software is not accessed on a server located on the End Users premises, but instead, is hosted remotely in the cloud by a hosting services provider usually paid for by the software Vendor. This introduces an additional layer of risk as it adds to the supply chain dependencies.
In addition, the data generated by the application is hosted in the cloud too. This means that if the software Vendor were to stop answering the phone, both application and data could be beyond the reach of the End User immediately.
Some End Users believe that a migration to a cloud service eliminates the need for an escrow arrangement.
But this is not true.
If anything, the need for escrow is greater for SaaS applications, because of the additional layer of risk which puts both the software and the data at risk if the worst should happen.
What differentiates your service provisions from your competitors?
- ESCROWSURE is ISO 9001:2015; ISO/IEC 27001:2013; ISO/IEC 27017:2015 and ISO/IEC 27018:2019 certified, not just compliant.
- The value of an escrow arrangement depends entirely on the integrity and completeness of the deposited material.
For this reason, technical verification of the escrow material is a basic requirement for a quality escrow arrangement. With ESCROWSURE, deposits are subjected to verification testing.
Some escrow service providers do not offer a testing service, and others, offer only a very expensive full compile and build verification service. While ESCROWSURE offers the compile and build service, it is unique in offering a productized Level II verification service, where prices are fixed, not determined by the size of the software product – a very effective and budget friendly approach. We believe this is why we have been selected as best of breed to supply escrow services to more than 13 Central Banks world wide.
What types of escrow arrangements do you offer?
ESCROWSURE offers a wide range of product solutions for our clients:
- SaaS Escrow
- Source Code Escrow
- Technology Escrow
- IP Escrow
- Developer Escrow
- Multi-party Escrow
- Transactional Escrow
How quickly can ESCROWSURE release the escrowed materials after a trigger event?
ESCROWSURE can release verified and tested escrowed materials within hours of a validated trigger event. Our agile, ISO-compliant process ensures continuity without delay, protecting your operational uptime and stakeholder trust.