How Investing in Software Escrow Could Have Saved Australian D365 Group’s Clients


In a fast paced world of technology, businesses rely heavily on software solutions to streamline their operations and stay competitive. The tech market in Australia is no exception according to, of which it states, In 2020, the economic contribution of the tech sector in Australia totalled 167 billion Australian dollars. The largest portion of this came from businesses in other sectors adopting technology. The size of the tech sector was forecast to increase to 250 billion Australian dollars by 2030.”

With this large increase in Australian businesses relying on software for their business critical applications, what happens when the software provider goes into liquidation leaving their clients in an uncertain situation? With the recent unfortunate demise of D365 Group in Australia, this blog delves into the D365 Group case and explores how software and SaaS escrow solutions could have provided a safety net for its clients.

The rise and fall of D365 Group

D365 Group was a renowned software development company in Australia, with offices in Melbourne and Sydney. Known for its cutting-edge software solutions, D365 Group catered to a wide range of industries including finance, healthcare and real estate. Over the years, they had built a loyal customer base, with the company’s website stating it’s completed more than 700 projects over the past 20 years with just under 15,000 monthly users.

However, despite their initial success, D365 Group faced mounting financial challenges and pressure from staff walkouts and disgruntled clients, ultimately leading to their downfall. In October 2023, D365 Group entered liquidation, sending shockwaves through the business community. 

The Impact on Clients

The sudden collapse of D365 Group had a profound impact on its clients. Clients that had invested significant time and resources into implementing D365’s software found themselves in an uncertain position. Without access to their source code, data and support, they were left with non-functional software risking their day-to-day operations, compliance with industry regulations and overall business continuity.

How Software/SaaS Escrow Could Have Helped

Software escrow also known as source code escrow is a three party agreement between a software developer (the depositor), the end user (beneficiary) and the software escrow vendor. The objective of a software escrow agreement is to provide comfort to the end user that if the software developer is unable or unwilling to support the software, the code, data and other critical materials can be released to them ensuring business continuity.

Similar to software escrow where critical software source code is stored with an independent third party, SaaS escrow applies the same logic to the entire cloud environment including the data hosted within a SaaS application. It allows businesses to protect their data that resides within SaaS applications hosted by a third party, protecting them against data loss.

These SaaS escrow solutions could have been a lifeline for D365 Group’s clients by providing the following:

1) Business Continuity Satisfaction – The cost of SaaS escrow is usually a small percentage of the overall cost of an investment in the SaaS technology. Investing in a SaaS escrow solution will ensure business continuity and will mitigate against the risks associated with modern cloud service delivery methods and the growing responsibility of service providers. Knowing that the source code, deployment scripts and documentation were safely stored in escrow would have given D365 Group’s clients greater confidence in their software investment.

2) Providing accurate and up-to-date data – A SaaS escrow agreement will only have value if the data and deposit materials are up-to-date and accurate. If D365 Group’s clients invested in a SaaS escrow vendor who could have introduced these automated deposits as standard, they would have been given peace of mind that they had safe and regular back-ups of their application data. With D365 Group going into liquidation, the critical data and materials could have been released to their clients, resulting in business operations running continuously.

3) Verification Testing – as mentioned above, investing in a SaaS escrow vendor who can introduce automated deposits as standard will provide extra benefits. In addition to this, verification testing provided by the SaaS escrow vendor would have ensured that the system would be deployable and operational, offering additional advantages to D365 Group’s clients.

4) Transitioning to New Providers – Clients of D365 Group could have used the release materials including source code to transition to alternative software providers or developers seamlessly. This would have prevented costly disruptions and delays in their business operations.

5) Dispute Resolution – Escrow agreements typically include provisions for dispute resolution, ensuring a fair process for clients and the software provider if conflicts arise. This could have prevented protracted legal battles and provided a clear path forward for D365 Group’s clients. 


The downfall of D365 Group serves as a clear reminder of the importance of safeguarding software investments with the use of software or SaaS escrow solutions. In an era where businesses heavily rely on software solutions for their operations as well as increasingly shifting to SaaS applications, the risk of a software provider going bust is a growing concern. Software and SaaS escrow can act as a safety net, protecting both software providers and their clients from the devastating consequences of insolvency.

While D365 Group’s story is undoubtedly a devastating one, it serves as a valuable lesson for businesses worldwide. Investing in a software escrow vendor is a strategic move that can safeguard a company’s assets, reputation and the continuity of its operations. In an ever-evolving technology landscape, software and SaaS escrow solutions are a crucial tool for ensuring business resilience and peace of mind.


About Escrow London

Escrow London is a global software and SaaS escrow company with offices in Sydney, Australia, London, UK and Atlanta, USA.

We have invested considerable resources into innovation to reinvent software escrow for a SaaS world. Escrow London provides a range of SaaS Continuity escrow solutions suitable for AWS, Microsoft Azure and Google Cloud hosted SaaS applications. We support a wide range of clients includes major law firms, banks, central banks, insurance companies, technology companies and government organisations.

To find out more about Escrow London and our Software Escrow and SaaS Escrow solutions, visit our YouTube channel.