Availability SLA Template for Germany

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Key Requirements PROMPT example:

Availability SLA

"I need an Availability SLA for a cloud-based healthcare data platform that will be deployed in Germany, with 99.99% uptime commitment and strict GDPR compliance requirements."

Document background

This Availability SLA template is designed for use in the German market where service providers need to establish clear, legally compliant commitments regarding service availability. It is particularly relevant when implementing digital services, cloud solutions, or IT infrastructure where system uptime is critical to business operations. The document includes specific provisions required under German law, including conformity with the German Civil Code (BGB) and Standard Business Terms Act (AGB-Recht). The Availability SLA covers essential elements such as availability metrics, measurement methods, reporting requirements, and service credit mechanisms, while ensuring compliance with German legal principles regarding liability limitations and fair contract terms. This template is suitable for both business-to-business (B2B) and business-to-consumer (B2C) relationships, though different legal requirements may apply to each scenario.

Suggested Sections

1. Parties: Identification of service provider and customer with full legal details

2. Background: Context of the agreement and relationship between parties

3. Definitions: Definitions of technical and legal terms, including 'Availability', 'Downtime', 'Maintenance Window', etc.

4. Service Levels: Detailed specification of availability targets, measurement periods, and calculation methods

5. Service Level Measurement: Methods and tools for measuring availability, including monitoring systems and reporting procedures

6. Service Credits: Calculation and application of service credits for availability failures

7. Exclusions: Circumstances not counting as downtime (planned maintenance, force majeure, etc.)

8. Reporting: Frequency and format of availability reports, access to monitoring data

9. Problem Resolution: Process for addressing and resolving availability issues

10. Term and Termination: Duration of the SLA and termination provisions

11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Security Requirements: Include when service availability is tied to specific security measures

2. Disaster Recovery: Include for critical services requiring specific recovery time objectives

3. Customer Obligations: Include when customer must maintain certain conditions for service availability

4. Change Management: Include when frequent service changes are expected that might impact availability

5. Third-Party Dependencies: Include when service availability depends on third-party services

6. Data Protection: Include when availability monitoring involves processing personal data

7. Service Level Reviews: Include when regular review and adjustment of SLAs is desired

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of services covered by availability requirements

2. Schedule 2 - Technical Specifications: Technical details of service components and architecture

3. Schedule 3 - Service Level Metrics: Detailed metrics, formulas, and thresholds for availability calculation

4. Schedule 4 - Service Credit Calculation: Detailed methodology for calculating service credits

5. Schedule 5 - Monitoring and Reporting: Technical details of monitoring tools and reporting formats

6. Appendix A - Contact Details: Contact information for technical and administrative notifications

7. Appendix B - Escalation Procedures: Detailed escalation paths for availability issues

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Cloud Computing

Financial Services

Healthcare

Telecommunications

E-commerce

Manufacturing

Public Sector

Energy

Transportation

Education

Professional Services

Relevant Teams

Legal

IT Operations

Service Delivery

Technical Support

Compliance

Risk Management

Procurement

Solutions Architecture

Product Management

Infrastructure

Cloud Services

Service Management

Contract Administration

Relevant Roles

Chief Technology Officer

IT Director

Service Delivery Manager

Operations Manager

Legal Counsel

Contract Manager

Solutions Architect

Technical Account Manager

Compliance Officer

Risk Manager

Product Manager

Service Level Manager

Infrastructure Manager

Cloud Services Manager

IT Procurement Manager

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Let's create your Availability SLA

Authors

Alex Denne

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