This Performance SLA template is designed for use under Austrian jurisdiction when parties need to establish clear, measurable standards for service delivery and performance. It is particularly relevant for technology and professional services where service quality can be objectively measured and monitored. The document incorporates requirements from the Austrian Civil Code (ABGB) and Commercial Code (UGB), while also accounting for relevant EU regulations such as GDPR when applicable. The Performance SLA includes comprehensive sections on service metrics, measurement methodologies, reporting requirements, and remedies for non-performance, making it suitable for both business-to-business (B2B) and business-to-consumer (B2C) relationships where service performance needs to be strictly monitored and maintained.
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1. Parties: Identification of service provider and service recipient with full legal names and addresses
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Detailed definitions of technical terms, service metrics, and other key concepts used in the agreement
4. Service Description: Detailed description of services covered by the SLA
5. Service Levels: Specific, measurable performance targets and quality standards
6. Service Measurement: Methods and procedures for measuring and monitoring service performance
7. Response and Resolution Times: Timeframes for responding to and resolving various categories of issues
8. Reporting Requirements: Frequency, format, and content of service performance reports
9. Service Credits and Penalties: Consequences of failing to meet service levels, including calculation of penalties
10. Force Majeure: Circumstances excusing performance failures
11. Term and Termination: Duration of the agreement and termination provisions
12. Dispute Resolution: Procedures for resolving disagreements about service levels or performance
13. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Data Protection: Required when personal data processing is involved, detailing GDPR compliance measures
2. Disaster Recovery: Include for critical services requiring business continuity planning
3. Security Requirements: Add for services involving sensitive data or systems
4. Change Management: Include for services requiring frequent modifications or updates
5. Subcontractors: Required when service provider may use third-party providers
6. Service Improvements: Include when continuous service improvement is expected
7. Customer Obligations: Add when customer must provide specific resources or cooperation
8. Compliance Requirements: Include for regulated industries or services
1. Technical Specifications: Detailed technical requirements and service specifications
2. Service Level Metrics: Detailed description of each service level metric and measurement method
3. Penalty Calculation: Detailed formulas and examples for calculating service credits and penalties
4. Escalation Matrix: Contact details and procedures for different levels of issue escalation
5. Report Templates: Standard formats for various required service reports
6. Pricing Schedule: Service pricing and payment terms, including penalty adjustments
7. Service Hours: Detailed service availability hours and maintenance windows
8. Incident Categories: Classification of different types of incidents and corresponding response times
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Cloud Services
Managed Services
Data Center Operations
Software as a Service
Infrastructure Services
Business Process Outsourcing
Professional Services
Healthcare Technology
Financial Technology
Manufacturing Technology
Logistics and Supply Chain
Relevant Teams
Legal
Operations
Information Technology
Service Delivery
Procurement
Quality Assurance
Compliance
Risk Management
Vendor Management
Technical Support
Service Management
Contract Administration
Relevant Roles
Chief Technology Officer
Service Delivery Manager
Operations Director
IT Manager
Legal Counsel
Procurement Manager
Contract Manager
Quality Assurance Manager
Technical Account Manager
Service Level Manager
Performance Analyst
Operations Manager
Compliance Officer
Risk Manager
Vendor Manager
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