Software As A Service SLA Template for Germany

This Software as a Service SLA template is designed for use in the German market, providing a comprehensive framework for defining and managing service levels in cloud-based software solutions. It is particularly relevant when establishing or updating service commitments between SaaS providers and their customers, ensuring compliance with German legal requirements and EU regulations. The document addresses critical aspects such as service availability, performance metrics, support levels, data protection, and security measures. It includes specific provisions required under German law, including GDPR compliance, IT security requirements, and consumer protection measures. This template is suitable for both B2B and B2C contexts, though specific modifications may be needed based on the intended use case.

1. Parties: Identification of the service provider and customer, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the SaaS service being provided

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

4. Service Description: Detailed description of the SaaS service, including features, functionality, and access methods

5. Service Levels: Specific performance metrics, availability commitments, and measurement methods

6. Support Services: Description of technical support, maintenance, and customer service provisions

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

8. Fees and Payment: Pricing, payment terms, invoicing procedures, and late payment consequences

9. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements

10. Intellectual Property Rights: IP ownership, licenses, and usage rights for the service and related content

11. Confidentiality: Protection of confidential information and trade secrets

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

13. Liability and Indemnification: Liability limitations and indemnification provisions compliant with German law

14. Force Majeure: Circumstances excusing performance under German law

15. General Provisions: Standard legal provisions including notices, assignment, and governing law