This Software As A Service Service Level Agreement template is designed for use in the Malaysian market, complying with local legislation including the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and Contracts Act 1950. It is particularly relevant for businesses providing or procuring cloud-based software services, establishing clear performance metrics, availability commitments, and support standards. The document should be used when implementing any SaaS solution where specific service levels need to be guaranteed and measured, incorporating provisions for data protection, security requirements, and performance monitoring. It includes comprehensive service level metrics, remediation procedures, and reporting requirements, making it suitable for both enterprise-level implementations and SME deployments.
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1. Parties: Identification of the service provider and customer, including registration numbers and registered addresses
2. Background: Context of the agreement and brief description of the SaaS service being provided
3. Definitions: Definitions of technical terms, service metrics, and other key terms used throughout the agreement
4. Service Provision: Description of the SaaS services, access rights, and service availability commitments
5. Service Levels: Detailed service level commitments, performance metrics, and measurement methodologies
6. Support Services: Description of technical support, maintenance, and help desk services
7. Customer Obligations: Customer responsibilities, acceptable use policies, and cooperation requirements
8. Data Protection and Security: Data handling, privacy compliance, security measures, and breach notification procedures
9. Charges and Payment: Pricing, payment terms, invoicing procedures, and late payment consequences
10. Intellectual Property Rights: IP ownership, licenses, and restrictions on use of the software and related materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Agreement duration, renewal terms, and termination rights and procedures
13. Liability and Indemnities: Limitation of liability, indemnification obligations, and insurance requirements
14. Force Majeure: Events excusing performance and procedures for handling force majeure situations
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Change Management: Procedures for requesting and implementing changes to services or service levels - include for enterprise clients or complex implementations
2. Disaster Recovery: Disaster recovery and business continuity procedures - include for critical systems or when handling sensitive data
3. Third-Party Integration: Terms governing integration with third-party services - include when service interfaces with other software
4. Professional Services: Terms for additional implementation, training, or consulting services - include when offering professional services
5. Service Credits: Framework for service credits or financial penalties for missing SLAs - include for enterprise clients
6. Audit Rights: Customer rights to audit service provider's compliance - include for regulated industries or enterprise clients
7. Exit Assistance: Terms for transition assistance upon termination - include for business-critical applications
1. Service Description: Detailed technical specifications of the SaaS service, including features and functionality
2. Service Level Metrics: Specific performance metrics, measurement methods, and reporting requirements
3. Support Services Details: Support level definitions, response times, and escalation procedures
4. Security Requirements: Detailed security protocols, standards, and compliance requirements
5. Pricing Schedule: Detailed pricing, payment terms, and calculation of variable charges
6. Data Processing Agreement: Detailed terms for personal data processing in compliance with PDPA 2010
7. Acceptable Use Policy: Detailed rules and restrictions for use of the service
8. Business Continuity Plan: Detailed disaster recovery and business continuity procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Government
Telecommunications
E-commerce
Insurance
Banking
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Operations
Risk and Compliance
Service Delivery
Technical Support
Commercial
Solutions Architecture
Account Management
Data Protection
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Information Security Manager
Operations Director
Service Delivery Manager
Commercial Director
Data Protection Officer
Contract Manager
Solutions Architect
Technical Account Manager
Risk Manager
Compliance Officer
Cloud Services Manager
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