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.
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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
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
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
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