This document serves as a Service Level Agreement (SLA) with 99.9% Uptime guarantee, designed specifically for use under New Zealand law. It is essential for businesses providing critical services where high availability is paramount, such as cloud services, hosting, or mission-critical software applications. The agreement defines specific measurable service levels, monitoring mechanisms, and compensation structures for service failures. It incorporates requirements from New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Privacy Act 2020, making it suitable for both domestic and international service providers operating under New Zealand jurisdiction. The document is particularly valuable when establishing clear expectations for service availability, response times, and performance metrics between service providers and their customers.
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1. Parties: Identification of the service provider and customer, including full legal names and addresses
2. Background: Context of the agreement, brief description of the service, and purpose of the SLA
3. Definitions: Detailed definitions of technical terms, service metrics, and key concepts used throughout the agreement
4. Service Description: Comprehensive description of the services covered by the agreement
5. Service Levels: Detailed specification of the 99.9% uptime guarantee and other performance metrics
6. Service Level Measurement: Methods and tools used to measure and monitor service levels
7. Service Credits and Penalties: Compensation structure for failure to meet service levels
8. Support and Response Times: Definition of support levels, response times, and escalation procedures
9. Planned Maintenance: Procedures and notice requirements for scheduled maintenance
10. Force Majeure: Circumstances under which service levels may not be guaranteed
11. Term and Termination: Duration of the agreement and conditions for termination
12. Dispute Resolution: Process for resolving disagreements about service level measurements or credits
13. General Provisions: Standard contractual clauses including governing law, notices, and amendments
1. Data Protection and Privacy: Specific obligations regarding data handling and privacy compliance, required if personal data is processed
2. Disaster Recovery: Procedures for service restoration in case of major incidents, recommended for critical services
3. Security Requirements: Specific security standards and compliance requirements, important for sensitive services
4. Performance Optimization: Procedures for ongoing service optimization and improvement, useful for long-term agreements
5. Customer Obligations: Specific requirements from the customer to maintain service levels, important if service delivery depends on customer actions
6. Third-Party Dependencies: Management of external service providers or dependencies, needed if service relies on third-party components
1. Schedule 1: Technical Specifications: Detailed technical specifications of the service infrastructure and components
2. Schedule 2: Service Level Metrics: Detailed breakdown of all service level calculations and measurement methodologies
3. Schedule 3: Fee Schedule: Pricing details and service credit calculations
4. Schedule 4: Support Procedures: Detailed support processes, contact information, and escalation procedures
5. Schedule 5: Incident Response Plan: Detailed procedures for handling and resolving service incidents
6. Appendix A: Service Level Report Template: Template for regular service level reporting
7. Appendix B: Technical Architecture Diagram: Visual representation of the service architecture and components
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