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SaaS Service Level Agreement for the United States

SaaS Service Level Agreement Template for United States

A Service Level Agreement (SLA) for Software as a Service is a legally binding document that defines the expected level of service between a SaaS provider and their customer. Under U.S. law, this agreement establishes specific performance metrics, availability guarantees, support levels, and remedies for service failures. It includes provisions for data protection, security requirements, and compliance with federal and state regulations, particularly important in the context of U.S. data privacy laws.

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SaaS Service Level Agreement

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What is a SaaS Service Level Agreement?

The SaaS Service Level Agreement is essential for establishing clear expectations and accountability in cloud-based service delivery. This document is particularly relevant in the U.S. market where software services must comply with various federal and state regulations, including data privacy laws, industry-specific requirements, and consumer protection standards. It defines critical metrics such as uptime guarantees, response times, and remediation procedures, while also addressing data security, backup procedures, and disaster recovery protocols. The agreement is crucial for protecting both service providers and customers by clearly defining service standards and remedies for non-compliance.

What sections should be included in a SaaS Service Level Agreement?

1. Parties: Identification of the SaaS provider and customer, including legal entities and contact details

2. Background: Context of the agreement and brief description of the services being provided

3. Definitions: Key terms used throughout the agreement including technical terminology

4. Service Levels: Detailed specifications of service performance metrics, including uptime guarantees

5. Service Credits: Compensation mechanism for failure to meet service levels

6. Support Services: Description of technical support, response times, and escalation procedures

7. Security Requirements: Security measures, data protection protocols, and compliance requirements

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

What sections are optional to include in a SaaS Service Level Agreement?

1. Disaster Recovery: Procedures for system recovery and business continuity in case of major incidents or outages

2. Data Processing: Specific terms for processing personal data in compliance with privacy regulations

3. Compliance Reporting: Requirements for regular compliance reporting and auditing procedures

4. Professional Services: Additional implementation, consulting, or customization services beyond standard SaaS offering

What schedules should be included in a SaaS Service Level Agreement?

1. Schedule 1 - Service Level Metrics: Detailed technical specifications of service levels and measurement methods

2. Schedule 2 - Support Procedures: Detailed support processes, contact information, and escalation procedures

3. Schedule 3 - Security Policies: Detailed security protocols and compliance requirements

4. Schedule 4 - Service Credit Calculations: Detailed formulas and examples for calculating service credits

5. Schedule 5 - Technical Requirements: Specific technical requirements for service delivery

6. Schedule 6 - Data Processing Agreement: Detailed terms for processing personal data, if applicable

Authors

Alex Denne

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

Jurisdiction

United States

Cost

Free to use
Clauses



































Industries

Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization, or in excess of authorization. Must be considered for security breach provisions in SLA.

Federal Information Security Management Act (FISMA): Defines framework for protecting government information, operations and assets against natural or human threats. Relevant if providing services to government entities.

Electronic Communications Privacy Act (ECPA): Extends government restrictions on wire taps to include transmitted electronic data. Important for data protection provisions in SLA.

Health Insurance Portability and Accountability Act (HIPAA): Provides data privacy and security provisions for safeguarding medical information. Critical if SaaS service handles healthcare data.

Gramm-Leach-Bliley Act (GLBA): Requires financial institutions to explain their information-sharing practices and protect sensitive data. Essential if handling financial data.

California Consumer Privacy Act (CCPA): Enhances privacy rights and consumer protection for California residents. Must be considered if serving California customers.

General Data Protection Regulation (GDPR): EU data protection and privacy regulation that applies to services handling EU resident data. Important for international service provision.

Federal Trade Commission Act: Prohibits unfair or deceptive practices affecting commerce. Relevant for service descriptions and performance guarantees in SLA.

Uniform Commercial Code (UCC): Standardizes business laws across states. Relevant for contract formation and enforcement provisions.

E-SIGN Act: Ensures legal validity of electronic signatures and records. Important for SLA execution and record-keeping requirements.

PCI DSS: Payment Card Industry Data Security Standard sets security standards for organizations handling credit card data. Mandatory if processing payment information.

FERPA: Family Educational Rights and Privacy Act protects privacy of student education records. Must be considered if handling educational data.

COPPA: Children's Online Privacy Protection Act imposes requirements on operators of websites or online services directed to children under 13. Essential if service might be used by children.

State Data Breach Notification Laws: Various state-specific requirements for notifying individuals of security breaches involving personally identifiable information.

Intellectual Property Laws: Including Copyright Act, patent laws, and trade secret protection laws. Essential for protecting proprietary technology and content.

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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