This document serves as a critical agreement template for situations requiring the highest levels of service availability and reliability. The 99.999% SLA, governed by Belgian law, is specifically designed for mission-critical services where downtime must be limited to approximately 5 minutes per year. It is typically used in sectors such as financial services, healthcare, and critical infrastructure where service interruptions could have severe consequences. The agreement incorporates Belgian legal requirements, including provisions from the Civil Code and Code of Economic Law, while also addressing EU-wide regulations such as GDPR where applicable. This template includes comprehensive technical specifications, strict performance metrics, detailed incident management procedures, and specific compensation mechanisms for breach of service levels. It is particularly suitable for complex technical environments where service providers must demonstrate and maintain exceptional reliability standards.
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1. Parties: Identification of service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and brief description of the services requiring 99.999% availability
3. Definitions: Detailed definitions including 'Availability', 'Downtime', 'Service Credits', 'Service Hours', 'Planned Maintenance', and other technical terms
4. Service Levels: Detailed specification of the 99.999% availability commitment, calculation method, and measurement periods
5. Service Level Measurement: Methodology for measuring and monitoring service availability, including tools and reporting mechanisms
6. Exclusions: Clearly defined exceptions to service level calculations, such as planned maintenance and force majeure events
7. Service Credits and Penalties: Compensation structure for failure to meet SLA, including calculation methods and maximum liability
8. Incident Management: Response times, escalation procedures, and problem resolution processes
9. Reporting and Review: Regular reporting requirements, review meetings, and performance evaluation procedures
10. Customer Obligations: Customer responsibilities and prerequisites for maintaining service levels
11. Term and Termination: Duration of the agreement and termination provisions
12. General Provisions: Standard legal clauses including governing law, jurisdiction, and dispute resolution
1. Data Processing Terms: Required if the service involves processing of personal data under GDPR
2. Security Requirements: Detailed security standards and compliance requirements, necessary for sensitive operations
3. Business Continuity: Disaster recovery and business continuity provisions, recommended for critical services
4. Change Management: Procedures for implementing changes to services or infrastructure, recommended for complex technical environments
5. Third-Party Dependencies: Terms regarding third-party service providers or dependencies, needed if external providers are involved
6. Compliance and Certification: Specific compliance requirements and certification maintenance obligations, necessary for regulated industries
1. Schedule 1 - Service Description: Detailed technical specifications of services covered by the 99.999% SLA
2. Schedule 2 - Service Level Metrics: Detailed metrics, measurement methodologies, and calculation formulas
3. Schedule 3 - Service Credit Calculation: Detailed breakdown of service credit calculations and examples
4. Schedule 4 - Technical Support Services: Support level definitions, contact procedures, and escalation matrices
5. Schedule 5 - Pricing and Payment Terms: Service fees, payment terms, and service credit mechanisms
6. Appendix A - Incident Response Procedures: Detailed procedures for handling and escalating service incidents
7. Appendix B - Report Ƶ: Standard templates for service level reporting and review meetings
8. Appendix C - Technical Architecture: Overview of technical infrastructure supporting the service delivery
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Telecommunications
Government and Public Sector
Defense
Banking
Emergency Services
Data Center Operations
Cloud Computing
Critical Infrastructure
Aviation
Nuclear Power
Relevant Teams
Legal
Information Technology
Operations
Service Delivery
Procurement
Risk Management
Compliance
Network Operations Center
Technical Support
Service Management
Contract Administration
Information Security
Relevant Roles
Chief Technology Officer
IT Operations Director
Service Delivery Manager
Legal Counsel
Procurement Manager
Infrastructure Manager
Network Operations Manager
Chief Information Officer
Technical Account Manager
Compliance Officer
Risk Manager
Solutions Architect
Contract Manager
Operations Director
IT Security Manager
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