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Service Availability Agreement Template for England and Wales

A Service Availability Agreement under English and Welsh law is a legally binding contract that establishes specific service level commitments, availability targets, and performance metrics between a service provider and its customer. The agreement defines acceptable service levels, measurement methodologies, reporting requirements, and remedies for service failures. It includes provisions for planned maintenance, force majeure events, and service credits as compensation for missed targets.

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What is a Service Availability Agreement?

This Service Availability Agreement is designed for use in England and Wales when parties need to establish clear, measurable commitments regarding service availability and performance. It is particularly relevant for critical business services where continuous availability is essential. The document defines service levels, measurement methods, and consequences of non-performance, including service credits and remedy mechanisms. It addresses both technical and legal aspects of service delivery, making it suitable for complex service arrangements where reliability and availability are paramount.

What sections should be included in a Service Availability Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Service Availability Commitments: Core service levels and availability targets

5. Service Level Measurement: Methods and metrics for measuring service availability

6. Service Credits: Compensation mechanism for service level failures

7. Planned Maintenance: Procedures for scheduled maintenance windows

8. Force Majeure: Circumstances beyond reasonable control

9. Term and Termination: Duration and termination provisions

10. Governing Law: Applicable law and jurisdiction

What sections are optional to include in a Service Availability Agreement?

1. Disaster Recovery: Recovery procedures for major incidents - include for critical services or when required by regulation

2. Security Requirements: Specific security standards and commitments - include when handling sensitive data or in regulated industries

3. Change Management: Procedures for service changes - include for complex services or when changes require formal process

4. Customer Obligations: Customer responsibilities and requirements - include when customer action/cooperation is needed for service delivery

What schedules should be included in a Service Availability Agreement?

1. Schedule 1 - Service Level Definitions: Detailed technical definitions of service levels

2. Schedule 2 - Service Credit Calculation: Detailed formula for calculating service credits

3. Schedule 3 - Incident Priority Matrix: Classification of incidents and response times

4. Schedule 4 - Technical Support Schedule: Support hours and escalation procedures

5. Schedule 5 - Performance Reports: Template for service level reporting

6. Schedule 6 - Contact Details: Key contacts for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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