This document serves as a legally binding Guaranteed Uptime SLA under Belgian law, designed for organizations requiring assured service availability levels. It is particularly relevant when establishing or formalizing service delivery commitments between technology providers and their clients. The agreement specifies guaranteed uptime percentages, defines measurement methodologies, outlines compensation mechanisms for breaches, and establishes clear communication protocols. It incorporates requirements from both Belgian contract law and EU regulations, particularly those affecting digital service providers and consumer protection. This type of agreement is essential for services where continuous availability is critical for business operations and where specific performance metrics need to be contractually guaranteed.
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1. Parties: Identification of the service provider and customer, including full legal names and registered addresses
2. Background: Context of the agreement, brief description of the services, and the purpose of the SLA
3. Definitions: Detailed definitions of technical terms, metrics, and key concepts used throughout the agreement
4. Service Levels: Specific guaranteed uptime percentages, calculation methods, and measurement periods
5. Service Level Measurement: Methodology for measuring uptime, including tools, monitoring systems, and reporting mechanisms
6. Exceptions and Exclusions: Defined circumstances that do not count as downtime (e.g., planned maintenance, force majeure)
7. Service Credits and Penalties: Compensation structure for failure to meet guaranteed uptime levels
8. Reporting and Communication: Requirements for regular reporting, notification of outages, and communication protocols
9. Problem Resolution: Process for addressing and resolving service interruptions and technical issues
10. Term and Termination: Duration of the agreement and conditions for termination
11. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Disaster Recovery: Specific procedures and guarantees for service restoration in case of major incidents
2. Security Requirements: Additional security measures and compliance requirements, particularly relevant for sensitive services
3. Data Management: Specific provisions for data handling, backup, and recovery procedures
4. Premium Support Services: Enhanced support options and response times for premium service levels
5. Multi-location Services: Specific provisions for services delivered across multiple geographical locations
6. Change Management: Procedures for implementing changes to service infrastructure or specifications
7. Compliance Requirements: Industry-specific compliance obligations and certifications
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the services, including infrastructure details and technical requirements
2. Schedule 2 - Service Level Metrics: Detailed breakdown of uptime calculations, measurement methodologies, and specific metrics
3. Schedule 3 - Service Credit Calculation: Detailed formula and examples for calculating service credits and penalties
4. Schedule 4 - Incident Response Procedures: Step-by-step procedures for handling different types of service interruptions
5. Schedule 5 - Contact Details: List of key contacts and escalation procedures for both parties
6. Appendix A - Service Monitoring Tools: Specifications of tools and systems used for monitoring service levels
7. Appendix B - Reporting Templates: Standard templates for regular service level reports and incident reports
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Cloud Services
Financial Services
Healthcare
E-commerce
Manufacturing
Logistics
Energy and Utilities
Professional Services
Data Center Services
Digital Media
Online Gaming
Education Technology
Relevant Teams
Legal
Information Technology
Operations
Service Delivery
Procurement
Compliance
Risk Management
Technical Support
Quality Assurance
Infrastructure
Customer Success
Contract Management
Relevant Roles
Chief Technology Officer
IT Director
Service Delivery Manager
Operations Manager
Technical Account Manager
Contract Manager
Procurement Manager
Legal Counsel
Infrastructure Manager
Cloud Services Manager
Quality Assurance Manager
Risk Manager
Compliance Officer
Systems Administrator
Service Level Manager
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