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Cloud Service Level Agreement

Cloud Service Level Agreement Template for New Zealand

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Key Requirements PROMPT example:

Cloud Service Level Agreement

"I need a Cloud Service Level Agreement for my small software company based in Auckland, providing cloud-based accounting software to small businesses in New Zealand, with 99.9% uptime guarantee and standard security provisions."

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Document background
The Cloud Service Level Agreement (SLA) serves as a critical document in cloud service arrangements under New Zealand law, establishing measurable standards for service delivery and performance. This document becomes necessary when organizations engage cloud service providers and require specific, enforceable commitments regarding service quality, availability, and performance. The SLA incorporates requirements from New Zealand's privacy and consumer protection legislation, particularly addressing data protection, security measures, and service reliability. It includes detailed metrics for measuring service performance, procedures for handling service disruptions, and mechanisms for service credits or other remedies when service levels are not met. The document is designed to provide clarity and certainty in cloud service arrangements while ensuring compliance with New Zealand's legal framework.
Suggested Sections

1. Parties: Identifies the service provider and customer, including their legal entity details and registered addresses

2. Background: Sets out the context of the agreement and brief description of the cloud service being provided

3. Definitions: Defines key terms used throughout the agreement, including technical terminology specific to cloud services

4. Service Description: Detailed description of the cloud services being provided, including core functionalities and features

5. Service Levels: Specific, measurable commitments regarding service availability, performance, and quality metrics

6. Service Credits: Compensation mechanism when service levels are not met, including calculation methods and claim processes

7. Support Services: Details of technical support, including hours of operation, response times, and escalation procedures

8. Security Requirements: Security measures, protocols, and compliance requirements for data protection

9. Data Protection: Obligations regarding personal data handling, privacy compliance, and data sovereignty requirements

10. Customer Obligations: Customer responsibilities, including acceptable use policies and cooperation requirements

11. Fees and Payment: Pricing structure, payment terms, and billing procedures

12. Term and Termination: Duration of the agreement, renewal terms, and termination rights

13. General Terms: Standard legal provisions including liability, warranties, force majeure, and governing law

Optional Sections

1. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for enterprise-level services

2. Multi-Tenant Environment: Specific provisions for shared infrastructure environments, needed when services are provided on a multi-tenant platform

3. Professional Services: Terms for additional implementation, configuration, or consulting services if offered alongside the cloud service

4. Data Migration: Procedures and responsibilities for migrating data in and out of the service, important for enterprise customers

5. Compliance Requirements: Industry-specific compliance obligations, necessary for regulated industries like healthcare or finance

6. Service Optimization: Terms regarding service optimization and continuous improvement, relevant for premium service offerings

7. Third-Party Services: Terms governing integration with or use of third-party services, needed when the solution involves third-party components

Suggested Schedules

1. Service Level Metrics: Detailed technical specifications of service level measurements, calculations, and reporting

2. Technical Requirements: Specific technical requirements including supported platforms, browsers, and minimum specifications

3. Support Procedures: Detailed support processes, including contact methods, severity levels, and escalation procedures

4. Security Standards: Detailed security protocols, certifications, and compliance standards

5. Pricing Schedule: Detailed pricing information, including tiered pricing structures and additional service fees

6. Data Processing Agreement: Detailed terms for personal data processing, required for compliance with privacy laws

7. Exit Plan: Detailed procedures for service termination, including data return and transition assistance

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Actual Uptime
Agreement
Authorized Users
Availability
Business Day
Business Hours
Change Management
Cloud Services
Confidential Information
Customer Data
Data Breach
Data Processing
Data Protection Laws
Disaster Recovery
Documentation
Downtime
Emergency Maintenance
Excused Downtime
Force Majeure Event
Incident
Intellectual Property Rights
Maintenance Window
Measurement Period
Minimum Service Level
Monthly Service Fee
Notice
Personal Data
Planned Maintenance
Platform
Privacy Laws
Response Time
Scheduled Downtime
Security Incident
Service Credits
Service Hours
Service Level Failure
Service Levels
Service Provider
Service Request
Services
Severity Level
Site
Support Hours
Support Services
System
Target Service Level
Term
Third-Party Services
Unscheduled Downtime
Updates
Upgrades
User Acceptance Testing
Working Hours
Clauses
Service Description
Service Levels
Performance Metrics
Service Credits
Support Services
Security
Data Protection
Privacy
Confidentiality
Intellectual Property
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Payment
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Compliance
Insurance
Business Continuity
Disaster Recovery
Change Management
Notice
Entire Agreement
Variation
Severability
Third Party Rights
Data Backup
Service Monitoring
Reporting
Customer Obligations
Access Rights
Acceptable Use
Service Suspension
Exit Management
Data Migration
Service Evolution
Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Government

Retail

Manufacturing

Professional Services

Telecommunications

Media and Entertainment

Insurance

Legal Services

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Operations

Vendor Management

Technical Operations

Service Delivery

Data Protection

Infrastructure

Relevant Roles

Chief Information Officer

IT Director

Cloud Services Manager

Procurement Manager

Legal Counsel

Compliance Officer

Information Security Manager

Technology Operations Manager

Service Delivery Manager

Contract Manager

Risk Manager

Privacy Officer

Chief Technology Officer

IT Infrastructure Manager

Vendor Management Officer

Industries
Privacy Act 2020: Governs how personal information must be collected, used, stored and disclosed. Critical for cloud services handling personal data, including mandatory data breach reporting requirements and cross-border data transfer restrictions.
Contract and Commercial Law Act 2017: Provides the fundamental framework for electronic transactions and contract formation in New Zealand, including requirements for valid electronic contracts and electronic signatures.
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade. Relevant for service level promises, uptime guarantees, and performance metrics in the SLA.
Consumer Guarantees Act 1993: Sets out statutory guarantees for services provided to consumers, including that services must be carried out with reasonable care and skill. Applies if the cloud service is provided to consumers rather than businesses.
Crimes Act 1961 (Sections 249-252): Contains provisions relating to computer crimes and unauthorized access to computer systems, relevant for security obligations and breach responses in the SLA.
Unsolicited Electronic Messages Act 2007: Regulates commercial electronic messages and may be relevant if the cloud service includes communication features or marketing functionalities.
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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