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SaaS Uptime SLA Template for Switzerland

This document is a Service Level Agreement (SLA) specifically focused on uptime commitments for Software as a Service (SaaS) offerings under Swiss law. It establishes the guaranteed service availability levels, measurement methodologies, and compensation mechanisms for service disruptions. The agreement incorporates Swiss legal requirements while addressing technical performance standards, reporting obligations, and remedy procedures. It serves as a crucial component of the overall service relationship, providing clear metrics and accountability for service availability while ensuring compliance with Swiss contract law and data protection regulations.

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What is a SaaS Uptime SLA?

This SaaS Uptime SLA is designed for use in Switzerland to establish clear, measurable commitments regarding service availability between SaaS providers and their customers. The document becomes necessary when implementing or subscribing to cloud-based software services where consistent availability is crucial for business operations. It should be used in conjunction with the main service agreement and includes specific provisions compliant with Swiss law regarding service levels, monitoring, reporting, and compensation mechanisms. The agreement typically follows implementation of a SaaS solution or can be part of the initial service contract, providing technical and legal certainty for both parties regarding service performance expectations and remedies.

What sections should be included in a SaaS Uptime SLA?

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

2. Background: Context of the agreement and reference to the main service agreement this SLA relates to

3. Definitions: Key terms used throughout the agreement, including technical metrics and service-related terminology

4. Service Availability Commitment: Detailed specification of the promised uptime percentage and calculation method

5. Service Level Measurement: Methods and tools used to measure and monitor service availability

6. Exclusions and Force Majeure: Circumstances not counted as downtime, including planned maintenance and events beyond reasonable control

7. Service Credits: Compensation structure for failure to meet SLA commitments

8. Claim Process: Procedure for customers to claim service credits and required documentation

9. Reporting: Regular availability reports and access to monitoring data

10. Term and Termination: Duration of the SLA and conditions for termination

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

What sections are optional to include in a SaaS Uptime SLA?

1. Enhanced Support Services: Additional support levels and response times, used when premium support options are offered

2. Data Recovery Commitment: Specific commitments for data backup and recovery, included when handling sensitive or critical data

3. Security Standards: Detailed security commitments and compliance requirements, necessary for regulated industries or sensitive data handling

4. Performance Metrics: Additional performance KPIs beyond basic uptime, used for complex technical services

5. Disaster Recovery: Specific disaster recovery procedures and commitments, included for business-critical services

6. Change Management: Procedures for implementing service changes, needed for complex enterprise services

7. Multi-tenant Services: Specific provisions for shared infrastructure services, used in multi-tenant environments

What schedules should be included in a SaaS Uptime SLA?

1. Schedule 1 - Service Level Metrics: Detailed technical specifications of uptime calculation and measurement methods

2. Schedule 2 - Service Credit Calculation: Detailed breakdown of service credit calculations and examples

3. Schedule 3 - Support Services: Detailed description of support levels, response times, and escalation procedures

4. Schedule 4 - Technical Infrastructure: Overview of the technical infrastructure and monitoring systems

5. Appendix A - Incident Response Plan: Detailed procedures for handling service interruptions and major incidents

6. Appendix B - Contact Details: List of key contacts and escalation points for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Cost

Free to use

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