The Guaranteed Uptime SLA is essential for businesses operating in Malaysia that rely on consistent access to technology services or infrastructure. This agreement type is commonly used when a service provider commits to maintaining specific levels of service availability, typically expressed as a percentage of total time (e.g., 99.9% uptime). The document is structured according to Malaysian legal requirements, particularly the Contracts Act 1950 and Electronic Commerce Act 2006, and includes detailed technical specifications, monitoring mechanisms, and service credit calculations. It's particularly relevant for cloud services, data centers, telecommunications, and critical business applications where service interruptions can have significant operational and financial impacts. The agreement provides legal protection for both parties by clearly defining service standards, measurement methods, and remedies for non-compliance.
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1. Parties: Identification of the service provider and customer, including full legal names and registered addresses
2. Background: Context of the agreement, including the nature of services being provided and the purpose of the SLA
3. Definitions: Detailed definitions of technical terms, metrics, and key concepts used throughout the agreement
4. Service Description: Detailed description of the services covered by the SLA
5. Service Level Commitments: Specific uptime guarantees, performance metrics, and service availability commitments
6. Measurement and Monitoring: Methods and tools used to measure and monitor service availability and performance
7. Service Credits and Penalties: Compensation structure for failing to meet guaranteed service levels
8. Exclusions and Force Majeure: Circumstances under which service level guarantees do not apply
9. Reporting and Review: Frequency and format of service level reports and review meetings
10. Support and Response Times: Support levels, response times, and escalation procedures
11. Term and Termination: Duration of the agreement and conditions for termination
12. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Disaster Recovery: Details of disaster recovery procedures and commitments, included when specific DR requirements exist
2. Security Requirements: Specific security standards and compliance requirements, included for sensitive operations
3. Data Protection: Specific data protection and privacy commitments, included when personal data is processed
4. Change Management: Procedures for implementing changes to services or service levels, included for complex service arrangements
5. Transition Services: Procedures for service transition at start and end of agreement, included for complex implementations
6. Multi-location Services: Specific provisions for services delivered across multiple locations, included for global or multi-site services
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the services and systems covered
2. Schedule 2 - Service Level Metrics: Detailed definitions and calculations of all service level metrics
3. Schedule 3 - Service Credit Calculations: Detailed formulas and examples for calculating service credits
4. Schedule 4 - Reporting Format: Templates and formats for regular service level reports
5. Schedule 5 - Escalation Matrix: Contact details and procedures for support escalation
6. Schedule 6 - Pricing and Fees: Detailed pricing structure including base fees and any variable components
7. Appendix A - Maintenance Windows: Scheduled maintenance windows and notification procedures
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