Standard SaaS SLA for Australia

Standard SaaS SLA Template for Australia

This document is an Australian-compliant Service Level Agreement (SLA) for Software as a Service (SaaS) providers, designed to establish clear performance metrics, service standards, and accountability measures. It incorporates requirements from Australian privacy laws, consumer protection legislation, and electronic transactions regulations while defining the service provider's obligations, performance guarantees, support commitments, and remedies for service failures. The agreement includes comprehensive coverage of data protection, security measures, and compliance with Australian Privacy Principles (APPs).

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What is a Standard SaaS SLA?

This Standard SaaS SLA is essential for Australian software service providers who need to establish clear, legally compliant service commitments with their customers. The document is designed for use when implementing new SaaS services or updating existing service agreements to ensure compliance with Australian regulations. It incorporates critical elements including service availability targets, performance metrics, support levels, and remediation processes, while ensuring alignment with the Privacy Act 1988, Australian Consumer Law, and relevant state legislation. The Standard SaaS SLA provides a framework for managing service delivery expectations, data protection obligations, and customer support commitments, making it suitable for both enterprise and SME deployments in the Australian market.

What sections should be included in a Standard SaaS SLA?

1. Parties: Identification of the service provider and customer, including ABN/ACN

2. Background: Context of the agreement and brief description of the SaaS service

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Service Provision: Description of the SaaS services, access rights, and service delivery

5. Service Levels: Core service level commitments, availability guarantees, and performance metrics

6. Support Services: Support hours, response times, and issue resolution processes

7. Customer Obligations: Customer responsibilities, acceptable use, and access management

8. Security and Data Protection: Security measures, data handling, and privacy compliance

9. Fees and Payment: Pricing, payment terms, and billing procedures

10. Term and Termination: Contract duration, renewal terms, and termination rights

11. Intellectual Property: IP ownership, licenses, and restrictions

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Disclaimers: Service warranties and Australian Consumer Law compliance

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. General Provisions: Standard legal terms including governing law, notices, and assignment

What sections are optional to include in a Standard SaaS SLA?

1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise or critical services

2. Professional Services: Terms for additional implementation, training, or consulting services if offered

3. Service Credits: Financial compensation scheme for service level failures, typically for enterprise customers

4. Audit Rights: Customer rights to audit security and compliance, usually for regulated industries

5. Data Migration: Terms for importing and exporting customer data, important for complex implementations

6. Multi-tenant Provisions: Specific terms for shared infrastructure environments, relevant for multi-tenant SaaS

7. Insurance Requirements: Specific insurance obligations, typically for enterprise or high-value contracts

What schedules should be included in a Standard SaaS SLA?

1. Schedule 1 - Service Description: Detailed description of the SaaS service, features, and functionality

2. Schedule 2 - Service Level Metrics: Specific performance metrics, measurement methods, and reporting

3. Schedule 3 - Support Services: Detailed support procedures, escalation paths, and response times

4. Schedule 4 - Security Requirements: Detailed security protocols, standards, and compliance requirements

5. Schedule 5 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

6. Schedule 6 - Data Processing Terms: Specific data handling procedures and privacy compliance measures

7. Schedule 7 - Technical Requirements: Customer infrastructure requirements and technical specifications

8. Appendix A - Incident Response Plan: Procedures for handling and reporting security incidents

9. Appendix B - Service Credit Calculations: Detailed methodology for calculating service credits

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Retail

Education

Manufacturing

Government

Telecommunications

Media and Entertainment

Insurance

Real Estate

Relevant Teams

Legal

Information Technology

Operations

Compliance

Sales

Customer Success

Security

Product Management

Procurement

Risk Management

Service Delivery

Technical Support

Account Management

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Compliance Officer

Service Delivery Manager

Operations Manager

Product Manager

Security Officer

Contract Manager

Sales Director

Account Executive

Customer Success Manager

Technical Account Manager

Risk Manager

Procurement Manager

Industries
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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