This document serves as a critical component in service delivery arrangements where consistent system availability is essential for business operations. The Guaranteed Uptime SLA is specifically designed for use under Dutch law when parties need to establish clear, measurable commitments for service availability and performance. It becomes particularly relevant in cloud services, hosting, or infrastructure provisions where downtime can have significant business impacts. The agreement includes specific uptime percentages, measurement methodologies, exclusions, and remedies through service credits, all aligned with Dutch legal requirements and business practices. This document type is commonly used in conjunction with master service agreements or as a standalone agreement for specific service components requiring guaranteed availability levels.
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1. Parties: Identification of the service provider and customer, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the SLA
3. Definitions: Detailed definitions of technical terms, service metrics, and key concepts used throughout the agreement
4. Service Description: Detailed description of the services covered by the uptime guarantee
5. Service Levels: Specific uptime commitments, including guaranteed percentage and measurement periods
6. Measurement and Monitoring: Methods and tools used to measure uptime, including calculation methodology
7. Exclusions and Exceptions: Circumstances not counted as downtime (planned maintenance, force majeure, etc.)
8. Response and Resolution Times: Timeline commitments for addressing and resolving service interruptions
9. Service Credits and Penalties: Compensation structure for failure to meet guaranteed uptime levels
10. Reporting: Frequency and format of uptime reports and performance metrics
11. Dispute Resolution: Process for handling disagreements about service levels or credits
12. Term and Termination: Duration of the agreement and conditions for termination
13. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures
1. Premium Support Services: Additional support levels available beyond standard service coverage
2. Disaster Recovery: Specific procedures and commitments for major service disruptions
3. Security Requirements: Additional security measures and compliance requirements
4. Data Processing: Specific terms for handling personal data when relevant to service delivery
5. Service Improvement Plan: Procedures for continuous service improvement and uptime optimization
6. Customer Obligations: Specific requirements for customer infrastructure or cooperation
7. Multi-location Services: Special provisions for services delivered across multiple geographic locations
8. Regulatory Compliance: Industry-specific compliance requirements where applicable
1. Schedule 1: Technical Specifications: Detailed technical specifications of the service and infrastructure
2. Schedule 2: Service Level Metrics: Detailed methodology for calculating uptime and other performance metrics
3. Schedule 3: Support Procedures: Detailed procedures for requesting support and escalation paths
4. Schedule 4: Service Credit Calculation: Detailed formulas and examples for calculating service credits
5. Schedule 5: Maintenance Windows: Scheduled maintenance periods and notification procedures
6. Schedule 6: Contact Details: Key contacts and communication protocols for both parties
7. Schedule 7: Incident Response Plan: Detailed procedures for handling service interruptions
8. Appendix A: Service Architecture: Technical diagrams and architecture documentation
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