This Dynamic SLA template is designed for use in the Belgian market where service providers need to establish flexible, automatically adjusting service level agreements with their customers. The document is particularly relevant when traditional static SLAs are insufficient due to varying service demands, technological changes, or evolving business requirements. The Dynamic SLA includes mechanisms for automatic adjustment of service levels, performance metrics, and potentially pricing based on predefined triggers, while ensuring compliance with Belgian contract law and relevant EU regulations. It incorporates provisions for continuous monitoring, automated reporting, and dynamic service credit calculations, making it especially suitable for cloud services, managed IT services, and other technology-driven service arrangements where requirements may change frequently. The document addresses both technical and legal aspects of service delivery, including data protection requirements under GDPR and specific Belgian legal requirements for electronic service provision.
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1. Parties: Identification and details of the service provider and service recipient
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Service Description: Detailed description of services to be provided, including scope and exclusions
5. Service Levels: Dynamic performance metrics, measurement methods, and reporting mechanisms
6. Performance Monitoring: Systems and processes for monitoring service levels and generating reports
7. Dynamic Adjustment Mechanism: Procedures for automatic or semi-automatic adjustment of service levels based on agreed triggers
8. Response and Resolution Times: Timeframes for addressing service issues and incidents
9. Service Credits and Penalties: Compensation mechanism for service level failures
10. Governance: Management structure, meeting schedules, and decision-making processes
11. Change Management: Procedures for implementing changes to services or service levels
12. Data Protection and Security: GDPR compliance measures and security requirements
13. Fees and Payment: Pricing structure, payment terms, and any dynamic pricing elements
14. Term and Termination: Duration, renewal, and termination provisions
15. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Business Continuity: Disaster recovery and business continuity requirements, recommended for critical services
2. Innovation and Continuous Improvement: Framework for service improvements and technological updates, useful for long-term strategic partnerships
3. Third-Party Services: Provisions regarding subcontractors and third-party service providers, needed if external parties are involved
4. Compliance and Audit: Specific regulatory compliance requirements and audit rights, necessary for regulated industries
5. Knowledge Transfer: Provisions for training and knowledge sharing, important for complex technical services
6. Environmental Requirements: Green IT and sustainability provisions, relevant for environmentally conscious organizations
7. Multi-jurisdiction Services: Additional provisions for services delivered across multiple jurisdictions
1. Schedule 1 - Service Specifications: Detailed technical specifications of services
2. Schedule 2 - Service Level Metrics: Detailed performance metrics, measurement methods, and calculation formulas
3. Schedule 3 - Pricing and Service Credits: Detailed fee structure and service credit calculations
4. Schedule 4 - Operational Procedures: Day-to-day operational procedures and protocols
5. Schedule 5 - Technical Requirements: Infrastructure and technical requirements for service delivery
6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and conditions
7. Schedule 7 - Business Impact Levels: Classification of service elements by business impact
8. Schedule 8 - Dynamic Adjustment Parameters: Specific triggers and thresholds for dynamic service level adjustments
9. Appendix A - Contact Details: Key contacts and escalation matrix
10. Appendix B - Report Templates: Templates for various service reports and performance dashboards
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