This Backup Service Level Agreement is essential for organizations requiring professional data backup services under Austrian jurisdiction. The document is specifically designed to establish a clear framework for backup service delivery, incorporating both technical and legal requirements under Austrian law and EU regulations. It defines service levels, performance metrics, data protection measures, and operational procedures while ensuring compliance with relevant regulations including GDPR. The agreement is particularly crucial for businesses seeking to outsource their data backup operations while maintaining control over service quality and data security. This document should be used when engaging with a backup service provider to clearly define expectations, responsibilities, and remedies for service failures.
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1. Parties: Identification of the service provider and customer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the backup services to be provided
3. Definitions: Detailed definitions of technical terms, service metrics, and key concepts used throughout the agreement
4. Service Description: Comprehensive description of the backup services, including scope, methodology, and covered systems
5. Service Levels: Specific performance metrics, including backup frequency, completion times, and success rates
6. Response and Resolution Times: Timeframes for addressing service issues, including classification of incident severity levels
7. Data Protection and Security: GDPR compliance measures, data security protocols, and confidentiality obligations
8. Performance Monitoring: Methods and tools for measuring service performance and generating reports
9. Service Credits: Compensation mechanism for service level failures, including calculation methods
10. Customer Obligations: Customer responsibilities, including providing access, information, and maintaining local systems
11. Fees and Payment: Pricing structure, payment terms, and billing procedures
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
14. Force Majeure: Circumstances excusing performance obligations
15. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Disaster Recovery: Detailed procedures for disaster recovery scenarios, recommended for critical business services
2. Multi-site Backup: Specific provisions for backing up multiple customer locations, used when service covers multiple sites
3. Data Migration: Procedures for migrating data to/from the backup service, relevant for service initiation or termination
4. Third-Party Integration: Terms governing integration with third-party systems or services
5. Custom Reporting: Specific reporting requirements beyond standard service reports
6. Enhanced Security Measures: Additional security requirements for highly sensitive data or regulated industries
7. Business Continuity: Extended provisions for ensuring continuous service availability
8. Exit Management: Detailed procedures for service termination and transition to another provider
1. Schedule A - Service Specifications: Detailed technical specifications of the backup service, including supported systems and data types
2. Schedule B - Service Level Metrics: Comprehensive list of service level metrics, measurement methods, and thresholds
3. Schedule C - Pricing and Fees: Detailed fee structure, including variable costs and calculation methods
4. Schedule D - Technical Requirements: Customer infrastructure requirements and technical prerequisites
5. Schedule E - Security Protocols: Detailed security measures, encryption standards, and access controls
6. Schedule F - Backup Schedule: Detailed timetable of backup operations and maintenance windows
7. Schedule G - Contact Information: List of key contacts and escalation procedures
8. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and conditions
9. Appendix 2 - Incident Response Procedures: Detailed procedures for handling service incidents and outages
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Government
Telecommunications
Energy and Utilities
Media and Entertainment
Transportation and Logistics
Relevant Teams
Information Technology
Legal
Compliance
Information Security
Risk Management
Procurement
Operations
Infrastructure
Service Delivery
Data Protection
Vendor Management
Relevant Roles
Chief Information Officer
IT Director
Data Protection Officer
Information Security Manager
IT Operations Manager
Systems Administrator
Procurement Manager
Legal Counsel
Compliance Officer
Risk Manager
Technical Operations Director
Infrastructure Manager
Service Delivery Manager
Contract Manager
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