This Outside SLA document is designed for use in situations where service providers need to establish a contractual framework for service delivery under German law while explicitly excluding any specific service level commitments or performance guarantees. It is particularly relevant for services where performance metrics may be difficult to quantify or where providers need to maintain operational flexibility. The document incorporates essential elements of German contract law, including provisions from the Bürgerliches Gesetzbuch (BGB) and compliance with data protection regulations. It is structured to clearly communicate the nature of the service relationship while protecting both parties through appropriate risk allocation and liability provisions. The Outside SLA format is commonly used in professional services, technology services, and consulting arrangements where service delivery patterns may vary based on circumstances or where standard SLAs would be impractical or undesirable.
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1. Parties: Identification of the contracting parties including full legal names, registration details, and addresses
2. Background: Context of the agreement and explanation that this is explicitly an arrangement without service level commitments
3. Definitions: Key terms used throughout the agreement, including specific German legal terminology where relevant
4. Service Description: Detailed description of services to be provided, without specifying performance levels or metrics
5. Service Exclusions: Explicit statement of services and service levels that are not included in the agreement
6. No Service Level Commitments: Clear statement that no specific service levels are guaranteed or committed to
7. Fees and Payment: Payment terms, invoicing procedures, and payment methods in compliance with German payment regulations
8. Term and Termination: Duration of the agreement and termination provisions
9. Liability and Limitation: Liability provisions in accordance with German law, particularly regarding the absence of service level commitments
10. Confidentiality: Provisions for protecting confidential information exchanged during service delivery
11. Data Protection: GDPR and German data protection law compliance requirements
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Force Majeure: Include when specific circumstances need to be identified that would excuse performance
2. Intellectual Property: Include when services involve creation or use of intellectual property
3. Security Requirements: Include when services involve access to systems or sensitive information
4. Personnel Requirements: Include when specific qualifications or security clearances are needed for service delivery
5. Change Management: Include when there's a need for formal processes to handle service changes
6. Escalation Procedures: Include when specific contact paths need to be defined for issues, despite no SLA
7. Insurance: Include when specific insurance coverage requirements exist
8. Exit Management: Include when complex transition arrangements are needed at termination
1. Service Description Schedule: Detailed technical specifications of services
2. Pricing Schedule: Detailed breakdown of fees and charging structure
3. Contact Details: List of key contacts and communication protocols
4. Technical Requirements: Any technical specifications or requirements for service delivery
5. Data Processing Agreement: Required under GDPR if personal data is processed
6. Excluded Services: Detailed list of services and service levels explicitly excluded
7. Security Protocols: Security measures and procedures if relevant to service delivery
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Software Development
Cloud Services
Management Consulting
Telecommunications
Business Process Outsourcing
Facilities Management
Technical Support Services
Digital Services
Infrastructure Services
Professional Advisory
Relevant Teams
Legal
Operations
Commercial
Service Delivery
Procurement
Risk Management
Compliance
Information Technology
Professional Services
Business Development
Account Management
Project Management
Relevant Roles
Legal Counsel
Contract Manager
Service Delivery Manager
Operations Director
Commercial Manager
Business Development Manager
Account Manager
Project Manager
Procurement Manager
Risk Manager
Compliance Officer
IT Director
Professional Services Director
Chief Operating Officer
General Counsel
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