This document serves as a legally binding agreement under German law, specifically designed for situations where consistent service availability is crucial to business operations. The Guaranteed Uptime SLA establishes clear metrics for service availability, typically expressed as a percentage (e.g., 99.9%), and outlines the consequences of failing to meet these guarantees. It is particularly relevant for cloud services, hosting providers, and critical infrastructure operators who need to provide their customers with formal assurances about service reliability. The agreement includes technical specifications, monitoring procedures, service credit calculations, and remedy mechanisms, all structured to comply with German legal requirements, including the Bürgerliches Gesetzbuch (BGB) and relevant telecommunications regulations.
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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 brief description of the services being provided
3. Definitions: Detailed definitions of technical terms, service levels, and other key concepts used in the agreement
4. Service Levels: Detailed description of the guaranteed uptime percentage and how it is measured
5. Measurement and Monitoring: Methods and tools used to monitor and calculate uptime, including excluded downtime
6. Service Credits: Calculation and application of service credits for failure to meet guaranteed uptime levels
7. Reporting: Frequency and format of uptime reports and performance metrics
8. Support Services: Description of support services, response times, and escalation procedures
9. Customer Obligations: Customer responsibilities and requirements for maintaining service levels
10. Force Majeure: Circumstances under which service level guarantees may be suspended
11. Term and Termination: Duration of the agreement and termination provisions
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Data Protection: GDPR compliance provisions - required if personal data is processed as part of the service
2. Disaster Recovery: Specific provisions for disaster recovery procedures - recommended for critical services
3. Security Requirements: Detailed security obligations - necessary for services handling sensitive data
4. Change Management: Procedures for implementing service changes - recommended for complex technical services
5. Audit Rights: Customer's rights to audit service performance - important for regulated industries
6. Multi-tenant Services: Specific provisions for shared infrastructure - needed if service is not dedicated
7. Service Level Reviews: Periodic review and adjustment of SLAs - useful for long-term agreements
1. Technical Specification: Detailed technical specifications of the service and infrastructure
2. Service Level Metrics: Detailed breakdown of service level calculations and measurement methodologies
3. Service Credit Calculation: Detailed formulas and examples for calculating service credits
4. Incident Response Plan: Detailed procedures for responding to service interruptions
5. Contact Matrix: List of key contacts and escalation procedures
6. Excluded Events: Comprehensive list of events that do not count as service failures
7. Price List: Service pricing and service credit values
Relevant legal definitions
Uptime
Downtime
Service Level
Service Credit
Measurement Period
Scheduled Maintenance
Emergency Maintenance
Service Availability
Response Time
Resolution Time
Incident
Critical Incident
Major Incident
Minor Incident
Service Hours
Business Hours
Monitoring System
Service Component
Infrastructure
Support Levels
Escalation Path
Force Majeure Event
Service Window
Maintenance Window
Recovery Time Objective
Recovery Point Objective
Service Performance
Measurement Tools
Excluded Events
Service Credits Period
Remedy Period
Support Request
Service Dashboard
Reporting Period
User
Authorized User
Service Interface
Service Documentation
Technical Specification
Service Environment
Downtime
Service Level
Service Credit
Measurement Period
Scheduled Maintenance
Emergency Maintenance
Service Availability
Response Time
Resolution Time
Incident
Critical Incident
Major Incident
Minor Incident
Service Hours
Business Hours
Monitoring System
Service Component
Infrastructure
Support Levels
Escalation Path
Force Majeure Event
Service Window
Maintenance Window
Recovery Time Objective
Recovery Point Objective
Service Performance
Measurement Tools
Excluded Events
Service Credits Period
Remedy Period
Support Request
Service Dashboard
Reporting Period
User
Authorized User
Service Interface
Service Documentation
Technical Specification
Service Environment
Clauses
Service Levels
Performance Measurement
Service Credits
Service Monitoring
Technical Support
Maintenance
Service Availability
Reporting
Data Protection
Confidentiality
Force Majeure
Limitation of Liability
Warranties
Indemnification
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Amendment
Compliance with Laws
Insurance
Audit Rights
Security Requirements
Disaster Recovery
Business Continuity
Customer Obligations
Service Provider Obligations
Intellectual Property
Payment Terms
Escalation Procedures
Performance Measurement
Service Credits
Service Monitoring
Technical Support
Maintenance
Service Availability
Reporting
Data Protection
Confidentiality
Force Majeure
Limitation of Liability
Warranties
Indemnification
Term and Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Amendment
Compliance with Laws
Insurance
Audit Rights
Security Requirements
Disaster Recovery
Business Continuity
Customer Obligations
Service Provider Obligations
Intellectual Property
Payment Terms
Escalation Procedures
Relevant Industries
Information Technology
Healthcare
Financial Services
E-commerce
Telecommunications
Manufacturing
Energy
Cloud Services
Digital Infrastructure
Online Gaming
Media and Entertainment
Professional Services
Relevant Teams
Legal
Information Technology
Operations
Service Delivery
Infrastructure
Technical Support
Procurement
Compliance
Risk Management
Contract Management
Customer Success
Service Operations
Relevant Roles
Chief Technology Officer
IT Director
Service Delivery Manager
Operations Manager
Technical Account Manager
Legal Counsel
Procurement Manager
Infrastructure Manager
Cloud Services Manager
Contract Manager
Risk Manager
Compliance Officer
Service Level Manager
IT Operations Director
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