This Uptime Agreement template is specifically designed for use under Belgian law when parties need to establish clear, measurable commitments regarding system or service availability. It is particularly relevant in today's digital economy where businesses rely heavily on continuous access to technical services and infrastructure. The document includes essential elements such as uptime percentage guarantees, measurement methodologies, service credits for breaches, and incident response procedures, while ensuring compliance with Belgian and EU regulatory requirements. It's commonly used in cloud services, hosting, telecommunications, and other technology-based service arrangements where system availability is crucial to business operations. The agreement structure accommodates various service types while maintaining enforceability under Belgian jurisdiction.
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1. Parties: Identification of the service provider and customer, including registered addresses and company details
2. Background: Context of the agreement and brief description of the services being provided
3. Definitions: Detailed definitions including 'Uptime', 'Downtime', 'Scheduled Maintenance', 'Service Hours', 'Critical Incident', etc.
4. Service Availability Commitment: Core uptime percentage commitments, measurement periods, and calculation methodology
5. Service Level Measurement: Details of how uptime is measured, monitoring tools, and reporting mechanisms
6. Scheduled Maintenance: Procedures for planned maintenance, notice periods, and impact on uptime calculations
7. Incident Response and Resolution: Response time commitments for different severity levels and resolution processes
8. Service Credits: Compensation mechanism for failing to meet uptime commitments, including calculation method
9. Exceptions and Force Majeure: Circumstances excluded from uptime calculations and force majeure provisions
10. Term and Termination: Duration of the agreement and termination rights
11. General Provisions: Standard clauses including governing law, notices, and amendment procedures
1. Data Protection: Required when personal data processing is involved, addressing GDPR compliance and data availability requirements
2. Security Requirements: Detailed security obligations, needed for agreements involving sensitive systems or data
3. Disaster Recovery: Include when service continuity is critical, detailing backup and recovery procedures
4. Customer Obligations: Include when customer has specific responsibilities that affect service delivery
5. Performance Reviews: Optional section for regular service review meetings and continuous improvement processes
6. Transition Services: Required for complex services where specific exit arrangements need to be detailed
1. Technical Specifications: Detailed technical parameters of the service, including infrastructure specifications
2. Service Level Metrics: Detailed breakdown of uptime calculations, measurement methods, and reporting formats
3. Service Credit Calculation: Detailed tables and formulas for calculating service credits
4. Incident Management Procedures: Detailed procedures for reporting, escalating, and resolving incidents
5. Contact Details: List of key contacts and escalation paths for both parties
6. Maintenance Windows: Schedule of planned maintenance windows and associated procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Financial Services
Healthcare
E-commerce
Manufacturing
Logistics
Professional Services
Media and Entertainment
Education
Government Services
Critical Infrastructure
Relevant Teams
Legal
Information Technology
Operations
Service Delivery
Infrastructure
Cloud Services
Procurement
Risk and Compliance
Technical Support
Service Management
Customer Success
Solutions Architecture
Relevant Roles
Chief Technology Officer
IT Director
Service Delivery Manager
Operations Manager
Technical Account Manager
Legal Counsel
Procurement Manager
Contract Manager
Infrastructure Manager
Cloud Services Manager
Systems Administrator
Service Level Manager
Risk Manager
Compliance Officer
IT Security Manager
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