This Data Center Service Level Agreement is designed for use when establishing a formal service relationship between a data center service provider and a customer in New Zealand. The document is essential for organizations requiring professional data center services, including colocation, managed hosting, or cloud infrastructure services. It comprehensively addresses service levels, performance metrics, security protocols, and compliance requirements specific to New Zealand's regulatory environment. The agreement is structured to comply with New Zealand law, particularly the Privacy Act 2020, Contract and Commercial Law Act 2017, and relevant telecommunications regulations. It includes detailed technical specifications, operational procedures, and remediation processes, making it suitable for both standard data center services and customized enterprise solutions.
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1. Parties: Identification of the data center service provider and the customer, including their legal entities and contact details
2. Background: Context of the agreement, including the purpose of the services and general intentions of the parties
3. Definitions: Detailed definitions of technical terms, service metrics, and other key terminology used throughout the agreement
4. Service Description: Comprehensive description of the data center services being provided, including facility specifications and basic service levels
5. Service Level Commitments: Specific, measurable service levels including availability, performance metrics, and response times
6. Security Requirements: Physical and digital security measures, access controls, and security protocols
7. Customer Responsibilities: Customer obligations, including access procedures, compliance requirements, and acceptable use policies
8. Monitoring and Reporting: Details of service monitoring, performance reporting, and review procedures
9. Fees and Payment: Pricing structure, payment terms, and any variable costs or additional charges
10. Service Credits: Compensation mechanism for service level failures, including calculation methods and claim procedures
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Liability and Indemnification: Limitations of liability, indemnification obligations, and insurance requirements
13. Confidentiality: Protection of confidential information and data privacy obligations
14. Dispute Resolution: Procedures for handling disputes, including escalation process and jurisdiction
15. General Provisions: Standard legal provisions including force majeure, assignment, and amendments
1. Environmental Commitments: Specific environmental standards and energy efficiency commitments, used when environmental compliance is a key requirement
2. Disaster Recovery: Detailed disaster recovery procedures and commitments, included when separate from main service levels
3. Data Migration: Procedures for initial data migration or exit migration, included when significant data transfer is part of the service
4. Multi-site Services: Additional terms for services provided across multiple data center locations
5. Professional Services: Terms for additional professional services such as consulting or implementation support
6. Compliance Requirements: Industry-specific compliance requirements (e.g., financial services, healthcare), included based on customer sector
7. Third-Party Services: Terms relating to third-party services or software integrated with the data center services
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the data center facilities and infrastructure
2. Schedule 2 - Service Level Metrics: Detailed definition and measurement methodology for all service level metrics
3. Schedule 3 - Security Protocols: Detailed security procedures, access protocols, and compliance requirements
4. Schedule 4 - Operational Procedures: Day-to-day operational procedures, maintenance windows, and change management processes
5. Schedule 5 - Pricing and Service Credits: Detailed pricing structure, calculation methods for variable costs, and service credit calculations
6. Schedule 6 - Incident Management: Detailed procedures for incident reporting, response, and resolution
7. Schedule 7 - Contact Details: Key contacts and escalation procedures for both parties
8. Appendix A - Acceptable Use Policy: Detailed policy regarding acceptable use of data center services
9. Appendix B - Data Processing Agreement: Specific terms for personal data processing, if applicable
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