Data Center Service Level Agreement for Malaysia

Data Center Service Level Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions for data center services, including specific service levels, performance metrics, and operational requirements. This document ensures compliance with Malaysian data protection and cybersecurity regulations while defining the responsibilities, obligations, and rights of both the service provider and client. It includes detailed technical specifications, security protocols, and service level commitments, along with remedies for service failures and procedures for dispute resolution under Malaysian jurisdiction.

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What is a Data Center Service Level Agreement?

This Data Center Service Level Agreement is essential for organizations requiring professional data center services in Malaysia. It establishes the contractual framework for providing and maintaining data center services while ensuring compliance with Malaysian regulations, including the Personal Data Protection Act 2010 and Communications and Multimedia Act 1998. The document is typically used when an organization needs to outsource its data center operations or establish clear service metrics for internal data center services. It covers critical aspects such as uptime guarantees, security measures, performance metrics, incident response procedures, and compliance requirements. The agreement should be customized based on specific service requirements while maintaining alignment with Malaysian legal standards and industry best practices.

What sections should be included in a Data Center Service Level Agreement?

1. Parties: Identification of the data center service provider and the client, including registered addresses and company details

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

3. Definitions: Detailed definitions of technical terms, service metrics, and other key terms used throughout the agreement

4. Services Overview: High-level description of data center services, facility specifications, and basic service commitments

5. Service Level Specifications: Detailed metrics for uptime, performance, response times, and other measurable service levels

6. Security Requirements: Physical and digital security measures, access controls, and compliance with Malaysian data protection laws

7. Operational Procedures: Day-to-day operations, maintenance windows, change management, and incident response procedures

8. Performance Monitoring: Monitoring mechanisms, reporting requirements, and audit rights

9. Service Credits: Compensation scheme for service level failures and calculation methods

10. Customer Obligations: Client responsibilities, acceptable use policies, and compliance requirements

11. Fees and Payment: Pricing structure, payment terms, and billing procedures

12. Term and Termination: Contract duration, renewal terms, and termination conditions

13. Liability and Indemnification: Limitation of liability, indemnification obligations, and risk allocation

14. Force Majeure: Circumstances excusing performance and related procedures

15. Confidentiality: Protection of confidential information and trade secrets

16. Dispute Resolution: Process for resolving disputes, governing law, and jurisdiction

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Data Center Service Level Agreement?

1. Data Migration Services: Details of data migration services if the provider offers assistance in moving data to/from the facility

2. Disaster Recovery: Additional disaster recovery and business continuity services if offered beyond basic service levels

3. Environmental Commitments: Green energy usage and environmental compliance if the facility offers specific environmental guarantees

4. Professional Services: Additional technical support or consulting services if offered beyond basic maintenance

5. Multi-Site Services: Requirements for multi-location services if the client requires geographic redundancy

6. Custom SLA Metrics: Client-specific service level requirements that deviate from standard offerings

What schedules should be included in a Data Center Service Level Agreement?

1. Schedule 1 - Service Specifications: Detailed technical specifications of the data center facility and services

2. Schedule 2 - Service Level Metrics: Comprehensive list of SLA metrics, measurement methods, and thresholds

3. Schedule 3 - Pricing and Fee Structure: Detailed pricing information, including base fees and variable charges

4. Schedule 4 - Security Protocols: Detailed security procedures, access policies, and compliance requirements

5. Schedule 5 - Incident Response Procedures: Step-by-step procedures for different types of incidents and escalation paths

6. Schedule 6 - Acceptable Use Policy: Detailed rules and restrictions for use of the data center services

7. Appendix A - Technical Contact Information: List of key technical contacts and escalation matrices

8. Appendix B - Facility Floor Plans: Layout of the facility and client's allocated space

9. Appendix C - Compliance Certificates: Copies of relevant compliance certifications and audit reports

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

Malaysia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

E-commerce

Telecommunications

Government and Public Sector

Manufacturing

Insurance

Education

Professional Services

Relevant Teams

Legal

Information Technology

Infrastructure

Operations

Security

Compliance

Procurement

Risk Management

Facilities Management

Service Delivery

Technical Support

Contract Management

Relevant Roles

Chief Information Officer

IT Director

Data Center Manager

Infrastructure Manager

Legal Counsel

Compliance Officer

Procurement Manager

Security Manager

Operations Director

Risk Manager

Technical Services Manager

Facilities Manager

Service Delivery Manager

Contract Manager

Chief Technology 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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