Service Availability Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Service Availability Agreement

"I need a Service Availability Agreement for my cloud-based data analytics platform, which will be providing services to financial institutions in Hong Kong with a 99.99% uptime guarantee and strict security requirements."

Document background
The Service Availability Agreement is a critical document used in Hong Kong's business environment to establish clear, measurable commitments for service uptime and performance levels. This agreement type is essential when businesses rely on continuous service availability, particularly in technology-dependent operations. It sets out specific metrics for service availability, defines measurement methods, establishes remedies for service failures, and incorporates Hong Kong legal requirements and business practices. The document is particularly relevant in Hong Kong's dynamic business environment, where reliable service delivery is crucial for maintaining competitive advantage and meeting regulatory requirements. It provides legal protection for both service providers and customers while ensuring clarity in service level commitments and consequences of non-performance.
Suggested Sections

1. Parties: Identifies and provides details of the contracting parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Service Scope: Detailed description of services covered by the availability commitments

5. Service Availability Commitments: Specific uptime guarantees and performance metrics

6. Service Level Measurement: Methods and tools for measuring service availability

7. Maintenance and Planned Downtime: Procedures for scheduled maintenance and permitted downtime

8. Issue Resolution and Support: Response times and procedures for addressing service issues

9. Service Credits and Remedies: Compensation mechanism for service level failures

10. Force Majeure: Circumstances exempt from availability commitments

11. Term and Termination: Duration of agreement and termination provisions

12. General Provisions: Standard legal clauses including governing law, notices, and amendments

Optional Sections

1. Data Protection: Required when personal data processing is involved in service delivery

2. Disaster Recovery: Added when specific disaster recovery commitments are required

3. Security Requirements: Included for services with specific security needs or compliance requirements

4. Third-Party Dependencies: Used when service delivery relies on third-party services

5. Customer Obligations: Added when customer has specific responsibilities affecting service availability

6. Reporting Requirements: Included when regular service level reporting is required

7. Audit Rights: Added for regulated industries or when compliance verification is needed

8. Insurance Requirements: Included for high-risk or high-value services

Suggested Schedules

1. Service Level Specifications: Detailed technical specifications of service levels and measurement methods

2. Service Credit Calculations: Formula and examples for calculating service credits

3. Support Procedures: Detailed procedures for requesting and receiving technical support

4. Contact Details: List of key contacts and escalation procedures

5. Technical Requirements: Technical specifications and requirements for service delivery

6. Pricing and Payment Terms: Detailed pricing structure and payment terms

7. Change Control Procedure: Process for implementing changes to services or service levels

8. Service Availability Reports: Template and specifications for service availability reporting

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Telecommunications

Cloud Computing

Healthcare

E-commerce

Banking

Insurance

Manufacturing

Logistics

Professional Services

Government Services

Education

Media and Entertainment

Relevant Teams

Legal

Information Technology

Operations

Procurement

Vendor Management

Compliance

Risk Management

Service Delivery

Technical Support

Infrastructure

Contract Management

Relevant Roles

Chief Technology Officer

IT Director

Service Delivery Manager

Operations Manager

Legal Counsel

Procurement Manager

Contract Manager

Vendor Relations Manager

Systems Administrator

Technical Account Manager

Chief Information Officer

Compliance Officer

Risk Manager

Service Level Manager

Infrastructure Manager

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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