The Availability SLA is essential for establishing clear, measurable commitments regarding service uptime and performance in the Austrian market. This document type is particularly crucial when providing critical services where availability is paramount to the customer's operations. The agreement, governed by Austrian law, defines specific availability percentages, measurement methodologies, excluded events, and compensation mechanisms through service credits. It should be used whenever a service provider needs to make binding commitments about service availability to their customers, whether in B2B or B2C contexts. The document ensures compliance with Austrian legal requirements while providing both parties with clear understanding of service level expectations, monitoring procedures, and consequences of non-compliance.
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1. Parties: Identification of the service provider and customer, including full legal names and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of technical terms, service metrics, and other key concepts used in the agreement
4. Service Description: Overview of the services covered by the SLA
5. Service Level Commitments: Detailed availability commitments, including uptime percentages and calculation methods
6. Service Level Measurement: Methodology for measuring and monitoring service availability
7. Exclusions and Exceptions: Circumstances not counted as downtime (e.g., planned maintenance, force majeure)
8. Service Credits and Penalties: Compensation structure for failure to meet service levels
9. Reporting and Review: Reporting frequency, format, and periodic review procedures
10. Support and Response Times: Support availability and incident response commitments
11. Term and Termination: Duration of the agreement and termination provisions
12. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Data Protection: Required when personal data processing is involved, detailing GDPR compliance measures
2. Disaster Recovery: Include for critical services requiring specific disaster recovery commitments
3. Security Requirements: Add for services with specific security compliance needs
4. Service Migration: Include when service transition or exit requirements need to be specified
5. Multi-tenant Provisions: Required for shared service environments
6. Consumer Protection Provisions: Include for B2C agreements to ensure compliance with Austrian Consumer Protection Act
7. Service Level Adjustment: Include mechanism for adjusting service levels over time based on performance or changing requirements
1. Technical Service Specifications: Detailed technical specifications of the service components covered
2. Service Level Metrics and Calculations: Detailed formulas and methods for calculating availability and other metrics
3. Service Credit Calculation Examples: Examples showing how service credits are calculated in different scenarios
4. Incident Priority Levels: Definition of incident priority levels and associated response times
5. Contact Matrix: List of key contacts and escalation procedures
6. Planned Maintenance Windows: Schedule of regular maintenance windows and notification procedures
7. Report Templates: Templates for regular service level reports
8. Price List: Service pricing and service credit values
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