This SLA Uptime agreement is designed for use in the Indian jurisdiction when establishing formal service level commitments between service providers and their clients. The document is particularly crucial for technology services, cloud infrastructure, and mission-critical systems where system availability and performance are essential. It incorporates specific provisions required under Indian law, including compliance with the Information Technology Act, 2000 and related regulations. The agreement details precise uptime percentages, measurement methodologies, exclusions, and compensation mechanisms through service credits. It's structured to provide clear accountability while accounting for Indian business practices and legal requirements, making it suitable for both domestic and international service providers operating in India.
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1. Parties: Identification of the service provider and customer, including their registered addresses and company details
2. Background: Context of the agreement, brief description of the services, and the purpose of establishing service levels
3. Definitions: Detailed definitions of technical terms, service metrics, and other key terminology used in the agreement
4. Service Levels: Specific uptime commitments, availability targets, and performance metrics
5. Measurement and Monitoring: Methods and tools used to measure and monitor service availability and performance
6. Service Credits: Calculation and application of service credits or other remedies for failing to meet SLAs
7. Exceptions and Force Majeure: Circumstances under which service level commitments may be excused
8. Reporting: Frequency and format of service level performance reports
9. Resolution and Response Times: Timeframes for responding to and resolving various categories of issues
10. Term and Termination: Duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Regulatory Compliance: Include when services are provided to regulated industries or involve handling of sensitive data
2. Data Protection: Include when the services involve processing personal or sensitive data
3. Disaster Recovery: Include when specific disaster recovery commitments are required beyond basic uptime guarantees
4. Security Requirements: Include when specific security standards or certifications must be maintained
5. Change Management: Include when formal processes for service or infrastructure changes need to be defined
6. Audit Rights: Include when the customer requires rights to audit service level performance or compliance
7. Service Level Reviews: Include when periodic review and adjustment of service levels is desired
1. Schedule 1 - Service Description: Detailed description of services covered by the SLA
2. Schedule 2 - Service Level Metrics: Technical definitions and calculations of all service level metrics
3. Schedule 3 - Service Credit Calculations: Detailed formulas and examples for calculating service credits
4. Schedule 4 - Contact Matrix: Key contacts and escalation procedures for both parties
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for service delivery
6. Appendix A - Incident Categories: Classification and definitions of different types of incidents
7. Appendix B - Reporting Templates: Standard formats for service level reports and notifications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Cloud Services
E-commerce
Banking and Financial Services
Healthcare
Manufacturing
Retail
Education
Government Services
Relevant Teams
Legal
Information Technology
Operations
Service Delivery
Infrastructure
Procurement
Compliance
Risk Management
Technical Support
Account Management
Solutions Architecture
Relevant Roles
Chief Technology Officer
IT Director
Service Delivery Manager
Operations Manager
Legal Counsel
Procurement Manager
Contract Manager
Technical Account Manager
Infrastructure Manager
Compliance Officer
Risk Manager
Service Level Manager
Solutions Architect
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