This Downtime SLA template is designed for use in the German market where reliable service delivery and precise accountability for service interruptions are crucial. The document is particularly relevant for technology services, cloud computing, and digital infrastructure providers operating under German jurisdiction. It includes comprehensive provisions for measuring and managing service availability, defining acceptable downtime thresholds, and establishing clear compensation mechanisms for service level breaches. The agreement incorporates specific requirements of German contract law, including provisions from the BGB and, where relevant, GDPR/DSGVO compliance measures. This template should be used when establishing or updating service level commitments between service providers and their customers, particularly in scenarios where service availability is critical to business operations.
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1. Parties: Identification of the service provider and customer, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Detailed definitions of technical terms, including 'Downtime', 'Service Hours', 'Scheduled Maintenance', 'Force Majeure', etc.
4. Service Levels: Detailed description of the promised service availability levels, including specific percentages and calculation methods
5. Measurement and Monitoring: Methods and tools used to measure and monitor service availability
6. Downtime Classification: Categories of downtime (planned/unplanned) and their treatment under the SLA
7. Reporting Requirements: Frequency and format of availability reports, notification requirements for downtime
8. Response and Resolution Times: Timeframes for responding to and resolving different types of service interruptions
9. Service Credits and Penalties: Compensation mechanism for failure to meet SLA targets
10. Force Majeure: Circumstances under which service level commitments may be suspended
11. Term and Termination: Duration of the agreement and conditions for termination
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Data Protection: Required when personal data processing is involved, addressing GDPR/DSGVO requirements
2. Security Requirements: Include when specific security standards or certifications are required
3. Disaster Recovery: Add when business continuity is critical and detailed recovery procedures are needed
4. Customer Obligations: Include when customer has specific responsibilities that affect service delivery
5. Third-Party Dependencies: Required when service delivery depends on third-party services
6. Change Management: Include when formal processes for service changes are needed
7. Insurance Requirements: Add for high-value or high-risk services requiring specific insurance coverage
1. Technical Service Specification: Detailed technical description of the service and its components
2. Service Level Metrics: Detailed formulas and methods for calculating service availability
3. Escalation Matrix: Contact details and escalation procedures for different types of incidents
4. Price Schedule: Service fees and calculation methods for service credits
5. Report Templates: Standard formats for various required reports
6. Maintenance Windows: Schedule of planned maintenance periods
7. Technical Support Details: Support levels, hours, and contact procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Cloud Services
Telecommunications
E-commerce
Financial Services
Healthcare
Manufacturing
Logistics
Digital Infrastructure
Software as a Service
Platform as a Service
Infrastructure as a Service
Relevant Teams
Legal
Information Technology
Operations
Service Delivery
Procurement
Compliance
Risk Management
Technical Support
Infrastructure
Cloud Operations
Contract Management
Service Level Management
Relevant Roles
Chief Technology Officer
IT Director
Service Delivery Manager
Operations Manager
Legal Counsel
Procurement Manager
Contract Manager
Technical Account Manager
System Administrator
Network Engineer
Cloud Services Manager
Infrastructure Manager
Compliance Officer
Risk Manager
Service Level Manager
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