Service Availability Agreement for Germany

Service Availability Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes and defines the terms and conditions for service availability between a service provider and customer. The document outlines specific service level commitments, performance metrics, support obligations, and remedies for service disruptions, while ensuring compliance with German legal requirements including the German Civil Code (BGB), Federal Data Protection Act (BDSG), and relevant EU regulations such as GDPR. It includes detailed technical specifications, measurement methodologies, and reporting requirements for service availability.

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What is a Service Availability Agreement?

The Service Availability Agreement is essential for businesses operating in Germany that rely on consistent service delivery and require formal commitments regarding service performance and availability. This document type is particularly crucial in today's digital economy where service interruptions can have significant business impacts. The agreement must comply with German legal requirements, including the BGB and BDSG, while incorporating industry best practices for service level commitments. It typically includes detailed specifications for service availability, performance metrics, support levels, and remedy mechanisms, making it suitable for various service-based relationships from cloud computing to managed services. The Service Availability Agreement serves as a cornerstone document for establishing clear expectations and accountability in service delivery relationships.

What sections should be included in a Service Availability Agreement?

1. Parties: Identification and details of the service provider and customer

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

3. Definitions: Key terms used throughout the agreement, including technical and service-related definitions

4. Service Scope: Detailed description of services covered under the agreement

5. Service Levels: Specific commitments regarding service availability, performance metrics, and measurement methods

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

7. Customer Obligations: Requirements and responsibilities of the customer

8. Fees and Payment: Pricing, payment terms, and any service credits or penalties

9. Term and Termination: Duration of agreement, renewal terms, and termination conditions

10. Data Protection: GDPR and BDSG compliance provisions for data handling

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Limitations: Liability provisions compliant with German law

13. Force Majeure: Provisions for circumstances beyond reasonable control

14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices

What sections are optional to include in a Service Availability Agreement?

1. Disaster Recovery: Required for critical services, detailing recovery procedures and timelines

2. Security Requirements: Necessary for services involving sensitive data or compliance requirements

3. Change Management: Important for services requiring frequent modifications or updates

4. Subcontractors: Include when service provider uses third-party providers

5. Audit Rights: Required for regulated industries or compliance-sensitive customers

6. Insurance: Important for high-value or high-risk services

7. Exit Management: Necessary for complex services requiring transition planning

What schedules should be included in a Service Availability Agreement?

1. Schedule 1 - Service Description: Detailed technical specifications of services

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

3. Schedule 3 - Support Procedures: Detailed support processes, contact information, and escalation paths

4. Schedule 4 - Fee Schedule: Detailed pricing, service credits, and penalty calculations

5. Schedule 5 - Technical Requirements: Customer infrastructure and technical requirements

6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms

7. Appendix B - Security Standards: Detailed security requirements and protocols

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

Germany

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Telecommunications

Cloud Computing

Financial Services

Healthcare

E-commerce

Manufacturing

Professional Services

Digital Media

Energy and Utilities

Education

Government Services

Relevant Teams

Legal

Information Technology

Operations

Service Delivery

Procurement

Compliance

Risk Management

Technical Support

Infrastructure

Customer Success

Vendor Management

Contract Administration

Relevant Roles

Chief Technology Officer

IT Director

Service Delivery Manager

Operations Manager

Legal Counsel

Procurement Manager

Contract Manager

Technical Account Manager

Service Level Manager

Compliance Officer

Risk Manager

Cloud Services Manager

Infrastructure Manager

Business Relationship Manager

Chief Information Officer

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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