Application Availability Sla for the United States

Application Availability Sla Template for United States

An Application Availability SLA is a legally binding agreement under U.S. law that defines the guaranteed level of service availability for software applications. It establishes specific performance metrics, measurement methodologies, and remedies for service disruptions. The agreement includes provisions for service credits, reporting requirements, and compliance with federal and state-specific regulations regarding data protection and security.

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What is a Application Availability Sla?

The Application Availability SLA serves as a critical contract between service providers and customers in the United States, establishing clear expectations for application performance and reliability. This document is essential when organizations depend on continuous access to software applications for their operations. The agreement specifically outlines availability targets, measurement methods, reporting requirements, and compensation mechanisms for service disruptions. It encompasses both federal and state-specific regulatory requirements, particularly important when handling sensitive data or operating in regulated industries.

What sections should be included in a Application Availability Sla?

1. Parties: Identifies the service provider and customer entering into the SLA

2. Background: States the purpose of the agreement and basic context

3. Definitions: Defines key terms used throughout the agreement, including technical metrics

4. Service Levels: Specifies the guaranteed uptime percentage and availability metrics

5. Measurement and Reporting: Details how availability is measured and reported

6. Service Credits: Defines compensation for failing to meet SLA targets

7. Force Majeure: Circumstances beyond reasonable control exempting from SLA obligations

What sections are optional to include in a Application Availability Sla?

1. Security Requirements: Details specific security measures required when handling sensitive data or requiring specific security protocols

2. Regulatory Compliance: Specific compliance requirements for regulated industries such as healthcare, finance, etc.

3. Disaster Recovery: Procedures for system recovery when business continuity is critical

4. Change Management: Procedures for implementing changes when frequent system updates are expected

What schedules should be included in a Application Availability Sla?

1. Technical Specifications: Detailed technical requirements and configurations

2. Service Level Metrics: Detailed breakdown of all performance metrics and calculations

3. Service Credit Calculation: Detailed methodology for calculating service credits

4. Incident Response Procedures: Step-by-step procedures for handling service disruptions

5. Contact Matrix: List of key contacts and escalation procedures

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

United States

Publisher

Genie AI

Cost

Free to use
Industries

FISMA: Federal Information Security Management Act - Critical for applications handling federal data, setting security standards and compliance requirements for federal information systems

SOX: Sarbanes-Oxley Act - Mandates specific requirements for financial record-keeping and reporting, crucial if the application handles financial data

HIPAA: Health Insurance Portability and Accountability Act - Essential compliance requirements for applications dealing with healthcare data and patient information

GLBA: Gramm-Leach-Bliley Act - Specifies requirements for protecting consumer financial data in financial services applications

CCPA: California Consumer Privacy Act - State-specific requirements for handling California residents' personal data, including availability and security requirements

VCDPA: Virginia Consumer Data Protection Act - Virginia's comprehensive data privacy law affecting applications handling Virginia residents' data

UCC: Uniform Commercial Code - Provides framework for commercial transactions and contracts, relevant for SLA terms and conditions

E-SIGN Act: Electronic Signatures in Global and National Commerce Act - Governs electronic signatures and records in commercial transactions

FTC Act: Federal Trade Commission Act - Prohibits unfair or deceptive practices, relevant for service level commitments and consumer protection

NIST Framework: National Institute of Standards and Technology Cybersecurity Framework - Provides standards for cybersecurity and system availability

ISO 20000: International standard for IT Service Management, providing guidelines for service level management and availability metrics

ISO 27001: Information Security Management standard, crucial for defining security controls and availability requirements

State Breach Laws: Various state-specific data breach notification requirements that must be considered in SLA incident response provisions

Force Majeure: Legal doctrine regarding unforeseeable circumstances preventing contract fulfillment, essential in SLA availability commitments

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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