This Hosting Service Level Agreement template is designed for use in the Australian market where hosting services are subject to specific regulatory requirements including the Privacy Act 1988 and various data protection regulations. The document is essential when establishing a formal arrangement between a hosting service provider and a client organization, setting out detailed service standards, performance metrics, and compliance requirements. It includes comprehensive provisions for service availability, technical support, security measures, and data management, along with specific remedies for service level breaches. The agreement is particularly important in contexts where reliable hosting services are critical to business operations and where compliance with Australian privacy and data protection laws is mandatory. This template is structured to accommodate various hosting service models while ensuring alignment with Australian legal requirements and industry best practices.
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1. Parties: Identification of the service provider and customer, including ABN/ACN and registered addresses
2. Background: Context of the agreement and brief description of the hosting services to be provided
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Service Description: Comprehensive description of the hosting services, including infrastructure, storage, and related services
5. Service Levels: Detailed service level commitments including uptime, availability, and performance metrics
6. Security Requirements: Security measures, protocols, and compliance requirements for data protection
7. Support Services: Description of support levels, response times, and escalation procedures
8. Monitoring and Reporting: Details of service monitoring, performance reporting, and review processes
9. Data Management: Data handling, backup procedures, and data protection compliance
10. Fees and Payment: Pricing structure, payment terms, and billing procedures
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Service Credits: Compensation structure for service level failures
13. Limitation of Liability: Liability caps and exclusions in compliance with Australian law
14. Confidentiality: Protection of confidential information and trade secrets
15. Dispute Resolution: Process for resolving disputes under Australian jurisdiction
16. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Disaster Recovery: Detailed disaster recovery procedures and business continuity plans - include for enterprise-level services
2. Multi-tenant Provisions: Specific provisions for shared hosting environments - include when offering shared hosting services
3. Professional Services: Additional professional services such as configuration or optimization - include when offering supplementary services
4. Data Center Specifications: Specific details about data center locations and certifications - include for clients requiring detailed infrastructure information
5. Compliance Requirements: Industry-specific compliance requirements - include for regulated industries
6. Exit Management: Detailed transition out procedures - include for complex hosting arrangements
7. Service Level Optimization: Procedures for reviewing and optimizing service levels - include for long-term enterprise agreements
1. Schedule 1 - Service Level Specifications: Detailed technical specifications of service levels and performance metrics
2. Schedule 2 - Fee Schedule: Detailed pricing structure, including variable costs and additional services
3. Schedule 3 - Support Services Matrix: Detailed breakdown of support levels, response times, and escalation procedures
4. Schedule 4 - Technical Infrastructure Specifications: Detailed specifications of hosting infrastructure and technical environment
5. Schedule 5 - Security Standards and Procedures: Comprehensive security protocols and compliance requirements
6. Schedule 6 - Service Credits Calculation: Detailed methodology for calculating service credits for SLA breaches
7. Appendix A - Acceptable Use Policy: Terms and conditions for acceptable use of hosting services
8. Appendix B - Change Management Procedures: Procedures for implementing service or infrastructure changes
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
E-commerce
Financial Services
Healthcare
Education
Government
Retail
Manufacturing
Professional Services
Media and Entertainment
Telecommunications
Insurance
Relevant Teams
Legal
Information Technology
Infrastructure
Operations
Procurement
Compliance
Risk Management
Service Delivery
Information Security
Technical Operations
Contract Management
Solutions Architecture
Relevant Roles
Chief Technology Officer
IT Director
Infrastructure Manager
Legal Counsel
Procurement Manager
Service Delivery Manager
Cloud Services Manager
Information Security Manager
Operations Manager
Contract Manager
Technical Operations Director
Compliance Officer
Risk Manager
Data Center Manager
Solutions Architect
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