This Uptime Agreement template is designed for use in the Danish market where service providers need to establish clear, legally binding commitments regarding service availability and performance. The document is particularly relevant for technology services, cloud infrastructure, and mission-critical systems where continuous service availability is essential. It incorporates key elements required under Danish contract law and relevant EU regulations, providing a framework for defining service levels, measurement criteria, and remedies for breach of uptime commitments. The agreement includes technical specifications for service monitoring, reporting requirements, and service credit calculations, while addressing legal requirements for liability limitations and force majeure events under Danish law.
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Key Requirements PROMPT example:
Uptime Agreement
I need an Uptime Agreement for a cloud-based healthcare data platform that guarantees 99.99% availability, includes GDPR compliance requirements, and will be governed by Danish law.
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1. Parties: Identification of the service provider and customer, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the service, and the parties' intention to enter into an uptime commitment
3. Definitions: Key terms used throughout the agreement, including technical definitions of 'uptime', 'downtime', 'scheduled maintenance', 'force majeure events', etc.
4. Service Availability Commitment: Core uptime guarantees, specified as a percentage of total time, and what constitutes availability
5. Measurement and Monitoring: Methods and tools used to measure and monitor uptime, including calculation periods and measurement points
6. Scheduled Maintenance: Procedures for planned maintenance, notice requirements, and how maintenance time affects uptime calculations
7. Service Credits and Penalties: Compensation structure for failing to meet uptime commitments, including calculation methods and claiming procedures
8. Reporting: Regular reporting obligations, including frequency, format, and content of uptime reports
9. Support and Response Times: Service provider's obligations for responding to and resolving service issues
10. Force Majeure: Circumstances beyond reasonable control that excuse performance
11. Term and Termination: Duration of the agreement, renewal terms, and termination rights
12. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction for disputes
1. Data Processing Terms: Required if the service involves processing personal data under GDPR
2. Security Requirements: Detailed security obligations, recommended for services handling sensitive data or critical systems
3. Business Continuity: Disaster recovery and business continuity requirements, important for critical services
4. Insurance Requirements: Specific insurance obligations, recommended for high-value or high-risk services
5. Change Management: Procedures for implementing changes to the service, recommended for complex technical services
6. Exit Management: Transition arrangements at contract end, important for business-critical services
1. Service Level Specifications: Detailed technical specifications of service levels, measurement methods, and calculations
2. Service Credit Calculation: Detailed formulas and examples for calculating service credits
3. Technical Infrastructure: Description of the technical infrastructure used to deliver the service
4. Contact Matrix: List of key contacts and escalation procedures for both parties
5. Reporting Template: Standard format for uptime reports
6. Maintenance Windows: Agreed times for scheduled maintenance activities
7. Price List: Service fees and any variable charging elements
Authors
Relevant legal definitions
Agreement
Service
Service Hours
Uptime
Downtime
Scheduled Maintenance
Emergency Maintenance
Service Level
Service Credit
Measurement Period
Measurement Window
Response Time
Resolution Time
Critical Incident
Major Incident
Minor Incident
Service Availability
Service Availability Percentage
Monitoring System
Monitoring Point
Business Day
Business Hours
Force Majeure Event
Service Infrastructure
Maintenance Window
Planned Outage
Unplanned Outage
Service Report
Support Hours
Support Level
Escalation Path
Service Recovery
Root Cause Analysis
Service Credit Period
Service Level Breach
Chronic Failure
System Interface
Service Component
Excluded Events
Service Level Measurement
Reporting Period
Service Level Target
Service
Service Hours
Uptime
Downtime
Scheduled Maintenance
Emergency Maintenance
Service Level
Service Credit
Measurement Period
Measurement Window
Response Time
Resolution Time
Critical Incident
Major Incident
Minor Incident
Service Availability
Service Availability Percentage
Monitoring System
Monitoring Point
Business Day
Business Hours
Force Majeure Event
Service Infrastructure
Maintenance Window
Planned Outage
Unplanned Outage
Service Report
Support Hours
Support Level
Escalation Path
Service Recovery
Root Cause Analysis
Service Credit Period
Service Level Breach
Chronic Failure
System Interface
Service Component
Excluded Events
Service Level Measurement
Reporting Period
Service Level Target
Clauses
Service Level Commitments
Performance Monitoring
Service Credits
Service Reporting
Maintenance Windows
Force Majeure
Liability
Warranties
Confidentiality
Data Protection
Term and Termination
Change Management
Dispute Resolution
Governing Law
Assignment
Subcontracting
Insurance
Audit Rights
Business Continuity
Intellectual Property
Payment Terms
Notice Requirements
Entire Agreement
Severability
Support Services
Emergency Response
Security Requirements
Service Recovery
Escalation Procedures
Performance Monitoring
Service Credits
Service Reporting
Maintenance Windows
Force Majeure
Liability
Warranties
Confidentiality
Data Protection
Term and Termination
Change Management
Dispute Resolution
Governing Law
Assignment
Subcontracting
Insurance
Audit Rights
Business Continuity
Intellectual Property
Payment Terms
Notice Requirements
Entire Agreement
Severability
Support Services
Emergency Response
Security Requirements
Service Recovery
Escalation Procedures
Relevant Industries
Information Technology
Telecommunications
Cloud Services
Software as a Service
Healthcare Technology
Financial Services
E-commerce
Digital Infrastructure
Manufacturing
Logistics
Professional Services
Education Technology
Relevant Teams
Legal
Information Technology
Operations
Service Delivery
Infrastructure
Procurement
Compliance
Risk Management
Technical Support
Service Management
Contract Management
Solutions Architecture
Relevant Roles
Chief Technology Officer
IT Director
Service Delivery Manager
Operations Manager
Technical Account Manager
Contract Manager
Procurement Manager
Legal Counsel
Service Level Manager
Infrastructure Manager
Cloud Services Manager
Risk Manager
Compliance Officer
Business Development Manager
Solutions Architect
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