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Guaranteed SLA Template for Austria

A Guaranteed Service Level Agreement (SLA) under Austrian law is a legally binding contract that establishes specific, measurable commitments for service delivery and performance. This document, governed by Austrian contract law and related regulations, defines precise service levels, measurement methodologies, and compensation mechanisms for service failures. It incorporates mandatory Austrian legal requirements while providing clear technical specifications, reporting requirements, and remedy frameworks. The agreement typically includes detailed service credits calculations, performance monitoring protocols, and escalation procedures, all structured to comply with Austrian legal standards and business practices.

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What is a Guaranteed SLA?

The Guaranteed SLA is essential for businesses requiring assured service performance levels with specific remedies for non-compliance. This document type is particularly crucial in the Austrian business environment, where it must align with both the Austrian Civil Code (ABGB) and sector-specific regulations. The Guaranteed SLA establishes concrete, measurable service commitments, detailed monitoring procedures, and specific compensation mechanisms when service levels are not met. It is commonly used in technology services, cloud computing, telecommunications, and other sectors where service reliability is critical to business operations. The document includes comprehensive technical specifications, reporting requirements, and remedy frameworks, making it suitable for complex service arrangements where performance guarantees are essential for business continuity.

What sections should be included in a Guaranteed SLA?

1. Parties: Identification and details of the service provider and service recipient

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Detailed definitions of technical terms, service metrics, and key concepts used in the agreement

4. Service Description: Detailed description of the services covered by the SLA

5. Service Level Commitments: Specific, measurable service levels guaranteed by the provider

6. Performance Measurement: Methods and procedures for measuring and monitoring service levels

7. Service Credits and Penalties: Compensation mechanism for service level breaches

8. Reporting and Review: Regular reporting requirements and review procedures

9. Support and Response Times: Support service levels and response time commitments

10. Force Majeure: Circumstances under which service level guarantees may be suspended

11. Term and Termination: Duration of the agreement and termination conditions

12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

What sections are optional to include in a Guaranteed SLA?

1. Data Protection and Security: Specific provisions for data handling and security measures, required if personal data is processed

2. Disaster Recovery: Procedures for service continuity in case of major incidents, recommended for critical services

3. Change Management: Procedures for implementing service or SLA changes, useful for complex or long-term agreements

4. Subcontractors: Terms governing the use of subcontractors, needed if service provider uses third parties

5. Insurance Requirements: Specific insurance coverage requirements, recommended for high-value or high-risk services

6. Compliance Requirements: Industry-specific compliance obligations, needed for regulated industries

7. Service Credits Cap: Limitations on total service credits payable, recommended for financial predictability

What schedules should be included in a Guaranteed SLA?

1. Schedule 1: Service Level Specifications: Detailed technical specifications of service levels and measurement methods

2. Schedule 2: Service Credit Calculations: Detailed formulas and examples for calculating service credits

3. Schedule 3: Technical Support Procedures: Detailed procedures for accessing and utilizing technical support

4. Schedule 4: Service Reporting Template: Standard format for regular service level reporting

5. Schedule 5: Escalation Matrix: Contact details and procedures for issue escalation

6. Appendix A: Technical Infrastructure: Description of technical infrastructure supporting the services

7. Appendix B: Service Level Measurement Tools: Details of tools and systems used for service level measurement

Authors

Alex Denne

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

Jurisdiction

Austria

Cost

Free to use

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