FAQs

Software escrow is the secure deposit of software source code, cloud software (SaaS), third-party technologies, data and documents with a neutral third party, the so-called escrow agent. The agent is only allowed to release what has been entrusted to him in certain predefined cases.

There are usually three parties involved in an escrow arrangement: The developer (depositor), the client (beneficiary) and the escrow agent. It is a three-party relationship. 

However, it is also possible to enter into an escrow arrangement between the developer(depositor) and the escrow agent only. In such cases, the parties entitled to benefit from a release are determined in a binding manner without their participation (contract for the benefit of third parties).

If your company relies on important software, technologies or data, software escrow minimises the risks to you if the software developer becomes unavailable. You become independent of the developer and you gain control over data and technology.

Data submitted online is stored exclusively in highly secure data centres in Switzerland. The data centres meet the highest security standards (daily backups, emergency power systems, fail-safe air conditioning, fire extinguishing system, strict access controls and video surveillance).

Both data upload and storage take place in encrypted form.

Physically submitted objects (data carriers and documents) are stored securely in the vault of a Swiss bank.

In the escrow agreement, the conditions under which data can be released are agreed upon in advance. If the beneficiary requests the release of the data, swissEscrow informs the depositor in advance.

- Non-fulfilment of obligations by the software developer (ceasing trading, bankruptcy, death, etc.)
- Inadequate fulfilment of the contract by the software developer
- Merger, acquisition or division of the software development company - etc.

For uploading the data, swissEscrow provides the depositor with a secure link. Via this link, they can upload the data in encrypted form, password-protected and during a limited window of time. Once the data has been uploaded, the depositor is no longer able to edit or delete it.

If desired, our technicians can set up a direct server connection via which the depositor can securely upload updates on a permanent basis and also at irregular intervals as often as needed.

The depositor and the beneficiary are alone responsible for the content of the deposited objects (data carriers, documents, etc.). In the case of software and document escrow, swissEscrow subjects the data carrier or source code or the documents to a standard check (plausibility, virus check, etc.).

It is possible for the beneficiary to monitor or check the delivery of the software or data on site at swissEscrow.

Software and document escrow contracts are generally concluded for an indefinite period of time, with the possibility of termination. By mutual agreement of the depositor and the beneficiary, any escrow agreement may be terminated immediately.

The escrow agent acquires fiduciary (trust) ownership of the deposited software or the deposited data and documents. Should the escrow agent go bankrupt, the deposited software or documents do not become part of the bankruptcy estate, but remain available for the predefined purpose.

The costs of a software escrow consist of a one-time initialisation fee for the preparation and conclusion of the escrow agreement and an annual deposit fee. Additional services are invoiced according to time spent. We will be happy to give you an individual quote.

In the escrow contract it is agreed who pays the fees. This can be either the depositor or the beneficiary. It is also possible for the depositor and the beneficiary to split the fees.

Banks do not offer online deposits.

The simple deposit in a safe deposit box does not do justice to the mutual interests of the depositor and the beneficiary. If only the depositor has access to the safe deposit box, the beneficiary cannot access it. If only the beneficiary has access to the safe deposit box, the depositor loses control over the deposited object. Should the depositor go bankrupt, the object deposited in the safe deposit box belongs to the bankruptcy estate and is not available to the beneficiary.

In an escrow arrangement, only the escrow agent has control over the deposited software, data or documents. The agent only releases them to the beneficiary when certain pre-defined conditions have been met. The deposited objects are not accessible to the depositor. The escrow agent acquires fiduciary (trust) ownership of them and only releases them to the beneficiary after the occurrence of the agreed-upon conditions.

swissEscrow is a service of swissEscrow GmbH, 8633 Wolfhausen ZH, Switzerland.

swissEscrow combines sound expertise on fiduciary and legal matters. We offer professional and individual services in the field of source code, cloud software, technology, data and document escrow.

Clearly defined values are important to us:Security, independence and neutrality, ethical business practices, service quality, customer focus, discretion - robust services of high quality.

Click here for further information about our company.