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Uptime Agreement Template for Singapore

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Key Requirements PROMPT example:

Uptime Agreement

"I need an Uptime Agreement for my cloud storage service that guarantees 99.9% availability to enterprise customers in Singapore, with service credits of up to 25% of monthly fees for any breaches."

Document background
The Uptime Agreement is essential for businesses requiring guaranteed service availability levels in Singapore. This document establishes clear metrics for system availability, defines measurement methods, and outlines remedies for service interruptions. It's particularly relevant in the context of Singapore's growing digital economy and complies with local electronic transaction laws and data protection requirements. The agreement typically includes detailed service level commitments, monitoring procedures, and service credit calculations, providing both parties with clear expectations and remedies.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including technical definitions of uptime, downtime, maintenance windows

4. Service Level Commitments: Specific uptime guarantees and performance metrics, including measurement periods and calculation methods

5. Measurement and Reporting: Methods for measuring and reporting uptime, including monitoring tools and reporting frequency

6. Service Credits: Compensation mechanism for failing to meet SLAs, including calculation methods and claim procedures

7. Force Majeure: Circumstances beyond reasonable control that excuse performance

8. Term and Termination: Duration of agreement and circumstances for termination

Optional Sections

1. Data Protection: PDPA compliance provisions for handling personal data and ensuring data availability

2. Disaster Recovery: Recovery procedures and commitments for system restoration

3. Security Requirements: Specific security standards and measures for system protection

Suggested Schedules

1. Schedule 1 - Service Level Metrics: Detailed technical specifications of uptime measurements and calculation methodologies

2. Schedule 2 - Service Credit Calculation: Formula and examples for calculating service credits for different levels of service breaches

3. Schedule 3 - Excluded Events: Comprehensive list of events not counting towards downtime calculations

4. Schedule 4 - Technical Support Details: Support procedures, escalation matrix, and contact information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Industries

Electronic Transactions Act (ETA): Primary legislation governing electronic contracts and transactions in Singapore. Critical for service level commitments in digital services and requirements for electronic signatures and records.

Personal Data Protection Act (PDPA): Regulates data handling obligations, particularly when services involve personal data. Sets requirements for data availability and protection measures.

Computer Misuse Act: Addresses security considerations, system availability requirements, and cybersecurity obligations for digital systems and services.

Contract Law (Common Law): Fundamental principles governing contract formation, remedies for breach, and calculation of damages under Singapore's common law system.

Competition Law: Ensures fair contract terms and addresses market dominance considerations in service agreements.

Consumer Protection (Fair Trading) Act: Relevant for B2C relationships, containing provisions against unfair practices and protecting consumer interests in service agreements.

IMDA Guidelines: Industry standards and technical requirements for uptime set by the Infocomm Media Development Authority of Singapore.

MAS Guidelines: Specific guidelines from the Monetary Authority of Singapore, particularly relevant for financial services and systems requiring additional uptime requirements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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