Service Level Agreement 99.9 Uptime for Germany

Service Level Agreement 99.9 Uptime Template for Germany

This Service Level Agreement (SLA) template is designed for use under German law, specifically addressing high-availability services with a 99.9% uptime commitment. The document incorporates key requirements from German civil law (BGB), telecommunications regulations, and EU digital service provisions. It provides a comprehensive framework for service delivery, performance measurement, compensation mechanisms, and risk allocation, while ensuring compliance with German contract formation requirements and standard business terms regulations (AGB-Recht).

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What is a Service Level Agreement 99.9 Uptime?

This document template is designed for scenarios requiring a Service Level Agreement with 99.9% Uptime guarantee under German law. It is particularly suitable for technology service providers, cloud operators, and digital infrastructure companies operating in Germany or serving German clients. The agreement addresses critical aspects of service availability, performance measurement, and remedy mechanisms while ensuring compliance with German civil law, telecommunications regulations, and EU digital service requirements. It includes specific provisions for service credit calculations, support obligations, and technical performance metrics, making it suitable for high-availability services where consistent uptime is crucial for business operations. The document structure accommodates both standard service provisions and additional requirements for regulated industries or specific technical environments.

What sections should be included in a Service Level Agreement 99.9 Uptime?

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 to be provided

3. Definitions: Definitions of technical and legal terms used throughout the agreement

4. Service Description: Detailed description of the services covered by the SLA

5. Service Levels: Specification of the 99.9% uptime commitment, measurement methodology, and calculation periods

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

7. Service Monitoring and Reporting: Methods and frequency of service level monitoring and reporting

8. Support Services: Description of support services, including response times and escalation procedures

9. Customer Obligations: Customer responsibilities and prerequisites for service delivery

10. Fees and Payment: Payment terms, fee structure, and invoicing procedures

11. Term and Termination: Duration of agreement, renewal terms, and termination provisions

12. Limitation of Liability: Liability caps and exclusions in accordance with German law

13. Force Majeure: Circumstances excusing performance of obligations

14. Confidentiality: Protection of confidential information exchanged during service provision

15. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

What sections are optional to include in a Service Level Agreement 99.9 Uptime?

1. Data Processing Agreement: Required when personal data processing is involved, ensuring GDPR compliance

2. Security Requirements: Detailed security obligations when handling sensitive data or systems

3. Disaster Recovery: Specific procedures for service restoration in catastrophic events

4. Change Management: Procedures for implementing service or infrastructure changes

5. Subcontractors: Terms governing the use and management of subcontractors

6. Insurance: Specific insurance requirements for high-value or high-risk services

7. Exit Management: Detailed procedures for service transition at contract end

8. Compliance Requirements: Specific regulatory compliance obligations for regulated industries

What schedules should be included in a Service Level Agreement 99.9 Uptime?

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

2. Schedule 2 - Service Levels and Measurement: Detailed methodology for measuring and calculating uptime

3. Schedule 3 - Service Credit Calculation: Formula and examples for calculating service credits

4. Schedule 4 - Support Procedures: Detailed support processes, contacts, and escalation procedures

5. Schedule 5 - Fee Schedule: Detailed breakdown of fees and payment terms

6. Appendix A - Technical Requirements: Technical specifications and requirements for service delivery

7. Appendix B - Service Level Reports: Template for service level reporting

8. Appendix C - Contact Details: Key contacts for both parties for various purposes

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

Cloud Computing

Telecommunications

Financial Services

E-commerce

Healthcare Technology

Digital Infrastructure

Software as a Service

Platform as a Service

Manufacturing Technology

Online Media

Digital Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Operations

Service Delivery

Infrastructure

Compliance

Risk Management

Technical Operations

Contract Management

Vendor Management

Service Operations

Cloud Operations

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Service Delivery Manager

Operations Director

Technical Account Manager

Contract Manager

Chief Information Officer

Infrastructure Manager

Cloud Services Manager

Compliance Officer

Risk Manager

Service Operations Manager

Technical Operations Lead

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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