This document template is designed for mission-critical services requiring exceptional reliability, specifically structured as an SLA 99.999 Downtime agreement under Dutch law. It's particularly relevant for services where minimal interruption can have significant operational, financial, or safety implications. The agreement incorporates Dutch civil law requirements, EU regulations, and international technical standards, making it suitable for both domestic and international service arrangements. The document includes detailed technical specifications, monitoring requirements, incident response procedures, and compensation mechanisms, all calibrated to the stringent 99.999% uptime requirement. It's structured to protect both service providers and customers while ensuring clear accountability and measurable performance standards.
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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 high-level description of services
3. Definitions: Detailed definitions of technical terms, service metrics, and key concepts including 'Downtime', 'Scheduled Maintenance', and 'Service Level'
4. Service Description: Comprehensive description of services covered by the SLA, including scope and limitations
5. Service Level Requirements: Detailed specification of the 99.999% uptime requirement, calculation method, and measurement periods
6. Service Level Measurement: Methods and tools for measuring service availability, including monitoring systems and reporting mechanisms
7. Response and Resolution Times: Timeframes for responding to and resolving different categories of incidents
8. Service Credits and Penalties: Compensation structure for service level violations, including calculation methods and claiming procedures
9. Maintenance and Support: Procedures for scheduled maintenance, support services, and communication protocols
10. Force Majeure: Definition of circumstances beyond reasonable control and their impact on service levels
11. Liability and Limitations: Scope of liability, limitations, and exclusions under Dutch law
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
1. Data Protection and Security: Required when personal data processing is involved, incorporating GDPR requirements
2. Disaster Recovery: Detailed procedures for major service disruptions, recommended for critical services
3. Business Continuity: Required for essential services or when customer operations heavily depend on service availability
4. Compliance Requirements: Necessary when specific regulatory compliance (e.g., financial services, healthcare) is required
5. Third-Party Dependencies: Include when service delivery depends on third-party providers or systems
6. Change Management: Required for services requiring frequent modifications or updates
7. Exit Management: Important for complex services requiring detailed transition arrangements
8. Insurance Requirements: Include when specific insurance coverage is required due to service criticality
1. Technical Specifications: Detailed technical parameters, architecture, and service components
2. Service Level Calculations: Detailed formulas and examples for calculating uptime and service credits
3. Incident Priority Matrix: Classification of incidents and corresponding response requirements
4. Contact Matrix: Contact details and escalation procedures for both parties
5. Monitoring and Reporting Specifications: Technical details of monitoring systems and report formats
6. Price Schedule: Service pricing, payment terms, and service credit calculations
7. Acceptance Test Criteria: Criteria and procedures for service acceptance testing
8. Operational Level Agreements: Detailed operational procedures and responsibilities
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