The Uptime Agreement serves as a critical document in technology service relationships, particularly in scenarios where system availability is essential to business operations. This contract type specifically addresses the provider's commitments to maintain system availability at agreed-upon levels, typically expressed as a percentage of total time. Used extensively in the United States technology sector, it includes precise definitions of downtime, measurement methods, excluded events, and compensation mechanisms when service levels are not met. The agreement becomes especially important in cloud services, hosting, and mission-critical systems where service interruptions can have significant business impact.
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1. Parties: Identification of the service provider and customer, including legal names and addresses
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Key terms used throughout the agreement, including technical terminology
4. Service Level Commitments: Specific uptime guarantees and performance metrics
5. Measurement and Reporting: How uptime is measured and reported to the customer
6. Service Credits: Compensation mechanism for failing to meet uptime commitments
7. Force Majeure: Circumstances beyond reasonable control that excuse performance
8. Term and Termination: Duration of agreement and termination conditions
1. Maintenance Windows: Scheduled downtime periods for regular system maintenance
2. Security Requirements: Specific security measures and compliance requirements for handling sensitive data
3. Disaster Recovery: Procedures for system recovery after major incidents in critical systems
4. Customer Obligations: Customer responsibilities and requirements necessary for service delivery
1. Schedule 1 - Service Level Metrics: Detailed breakdown of uptime calculations and measurement methodologies
2. Schedule 2 - Service Credit Calculation: Detailed formula for calculating service credits
3. Schedule 3 - Technical Support Details: Support levels, response times, and escalation procedures
4. Schedule 4 - Infrastructure Specifications: Technical details of the infrastructure covered by the agreement
Relevant legal definitions
Agreement
Service
Uptime
Downtime
Scheduled Maintenance
Emergency Maintenance
Service Level
Service Credit
Measurement Period
Service Level Failure
Force Majeure Event
Business Day
Business Hours
Help Desk
Incident
Response Time
Resolution Time
Service Availability
Service Level Report
Support Hours
System
Third Party Dependencies
Excluded Events
Critical Incident
Maintenance Window
Performance Metrics
Service Level Objective (SLO)
Service Level Agreement (SLA)
Monitoring Tools
Reporting Period
Service
Uptime
Downtime
Scheduled Maintenance
Emergency Maintenance
Service Level
Service Credit
Measurement Period
Service Level Failure
Force Majeure Event
Business Day
Business Hours
Help Desk
Incident
Response Time
Resolution Time
Service Availability
Service Level Report
Support Hours
System
Third Party Dependencies
Excluded Events
Critical Incident
Maintenance Window
Performance Metrics
Service Level Objective (SLO)
Service Level Agreement (SLA)
Monitoring Tools
Reporting Period
Clauses
Uptime Commitments
Service Level Measurement
Service Credits
Performance Monitoring
Maintenance Windows
Force Majeure
Reporting Requirements
Incident Response
Technical Support
Customer Obligations
Liability Limitations
Compensation
Termination Rights
Dispute Resolution
Confidentiality
Data Protection
Security Requirements
Business Continuity
Disaster Recovery
Service Modification
Audit Rights
Indemnification
Insurance Requirements
Subcontracting
Assignment
Notice Requirements
Governing Law
Intellectual Property
Service Exclusions
Amendment Procedures
Service Level Measurement
Service Credits
Performance Monitoring
Maintenance Windows
Force Majeure
Reporting Requirements
Incident Response
Technical Support
Customer Obligations
Liability Limitations
Compensation
Termination Rights
Dispute Resolution
Confidentiality
Data Protection
Security Requirements
Business Continuity
Disaster Recovery
Service Modification
Audit Rights
Indemnification
Insurance Requirements
Subcontracting
Assignment
Notice Requirements
Governing Law
Intellectual Property
Service Exclusions
Amendment Procedures
Relevant Industries
Relevant Teams
Relevant Roles
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